Short-Term Rental Agreement
Landlord and Tenant hereby acknowledge the following:
1. Term and Effective Date.
The Term of this Lease begins the first day of occupancy (or the, “Commencement Date”), and the Term will expire on the last date of occupancy . The effective date (“Effective Date”) of this Lease is when the Landlord delivers the Tenant and Tenant electronically approves a digital copy of this rental agreement as on The Vakay site. The agreement or lease is subject to approval of any town, municipality, county, state, country.
2. Payment of Rent and Added Rent.
Rent must be paid in full and no amount subtracted from it. The complete rent amount is due at the signing of the lease. The Landlord may charge additional fees for cleaning, utilities, taxes, damages, Wi-Fi, additional Occupants or Guests, and/or village fees, in addition to other fees which may apply.
Payment in installments is for the convenience of the Tenant and must be approved in writing by the landlord, stating the amount due and the date of the installment. If the Tenant defaults on the instalment, the entire remaining balance of Rent will become immediately due.
3. Use of the Property.
The Property can only be used to live in and for no other reason. Only Tenant(s) and those listed as occupants (“Occupants” or “Guests”) are permitted to use the Property. Maximum occupancy of the Property, including Tenant, is indicated on The Vakay website.
4. Tenant Representations.
The Tenant has read this Lease and has advised any Guests or Occupants of the contents of this Lease. All promises by the Landlord are in this Lease and may not be modified without written consent of the Landlord. If any portion or section of this Lease is deemed to be unenforceable for any reason, the remainder of this Lease will remain unaffected. Tenant further understands and agrees The Vakay is not a party to this Lease but acts solely as a listing and marketing company on behalf of the property owner(s).
5. Tenant Duties.
Each of the Tenant(s) is responsible for abiding by all applicable statutes, ordinances, and regulations and respecting the residential character of the Property and surrounding neighborhood. Accordingly, Tenants must comply with:
1. Limits on the maximum number of occupants permitted to stay in or use the Property, in any capacity;
2. Trash and recycling regulations; and,
3. All noise restrictions and regulations regarding the public peace and welfare.
6. Notice to Guests.
The Tenant(s) must provide notice to all short-term rental Guests or Occupants advising of:
1. Each Guest's responsibilities under this Lease;
2. Maximum design loads that apply to any structural elements or components such as porches, balconies, and roof decks to which guests have access; and
3. The remedies available to the City to address violations, including the imposition of individual fines.
7. Pet and Smoking Policies.
There are no pets allowed, and no smoking is permitted.
8. Compliance with Authorities and Defaults.
The Tenant must comply with all laws, orders, and local ordinances. Any complaint of excessive noise, rude behavior, foul language, police complaint, drinking games, anti-social behavior such as drunkenness, or being under the influence of drugs will require the Tenant and occupants to immediately vacate the Property. The Tenant will forfeit any remaining Rent and/or the total of Tenants Refundable Damage Deposit.
The Tenant’s default are not limited to failure to pay rent or additional rent, but also for assignment of this lease, subletting, substitution of Occupants, failure to provide Occupant’s information, failure to perform any term of this Lease, including any improper conduct by the Tenant and or Occupants, Guests, and/or invitees. If the Tenant fails to clear or remedy an issue of default, then the Tenant and Occupants will vacate the Property immediately and forfeit any remaining rent and/or Refundable Damage Deposit. Any added rent, for unexpired Term or damages, will be due to the Landlord. Any and all costs associated with default of this Lease, including cost of repairs, legal fees, and preparation will be the responsibility of the Tenant.
9. Assignment and Sublet.
The Tenant will not assign nor sublet the Property. Any assignment or sublease shall not release Tenant from its obligations hereunder.
10. Failure To Give Occupancy.
Landlord shall not be held responsible for failure to give Tenant occupancy for any reason outside their control due to fire, flooding, disaster, weather, electrical failure, storms nor any condition that the Landlord has no control of, or any situation that might prove dangerous to Tenant.
11. Mailing of Notices.
Any bills, statements, and/or notices must be in writing and delivered to the Tenant and Landlord by mail, email, fax, or mailing address.
12. Utilities and Services.
The Tenant will pay for all utilities and service as well as damage fees (or “Damage Fees”), which will be withheld from any Damage Deposit. Tenants are required to pay a refundable damage deposit or purchase acceptable damage coverage.
13. Furnishings.
Tenant acknowledges that the Property is furnished and is acceptable condition. The Tenant is responsible for the cost of cleaning, repairs, and replacement. The cost of which will be withheld from the Refundable Damage Deposit or damage protection plan. If the cost of and damages or repairs exceeds the Damage Protection Plan or Refundable Damage Deposit, Tenant will pay for any expense in excess of the damage protection plan . THE TENANT MUST KEEP AND RETURN THE PREMISE TO THE LANDLORD IN A CLEAN, GOOD ORDER OF REPAIR OR REPLACEMENT, WHICH IS ACCEPTABLE TO THE LANDLORD.
14. Space Provided as is.
The Tenant accepts the Property as is in good working order. If there is a breakage, malfunction, or any damages occurs during occupancy, the Tenant will notify the Landlord immediately of the nature of the problem, extent of the damages as well as whether that the damage may require replacement or repair.
15. Landlord's Obligations.
Subject to the remainder of this Section and all provisions in this Lease relating to damage, destruction, or condemnation of the Property and to Tenant’s indemnification of Landlord, Landlord shall maintain, repair and keep in at least the same condition as of the Effective Date, all aspects and portions of the Property, both interior and exterior, including but not limited to: the foundation, the roof, any roof coverings, and exterior walls (excluding the interior and exterior finish surfaces of exterior walls, windows, window frames, and doors) of the Property.
If Landlord shall be called on to make any such repairs occasioned by the negligent act or omission of Tenant, an Occupant, or Guest, including but not limited to: its employees, agents, servants, customers and other invitees, the entire cost of such repair shall be borne by Tenant.
It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Property, and they expressly waive the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease. Landlord shall use reasonable efforts to cause any necessary repairs to be made promptly; provided, however, that Landlord shall have no liability whatsoever for any delays in causing such repairs to be made, including, without limitation, any liability for injury to Tenant, nor shall any delays entitle Tenant to any abatement of Rent or damages, or be deemed an eviction of Tenant in whole or in part. The performance of Landlord’s obligations hereunder shall be subject to delays attributable to this Lease’s Force Majeure Section.
16. Care of Property and Premises.
The Tenant shall keep the Property and its rooms and grounds in neat and clean condition. The Tenant will not remove any furniture from the house to the outside nor relocate any furniture or furnishings from the inside to outside. No personal items owned by the Landlord may be removed from the property or relocated for their original position.
17. Fire Damages.
18. Damage Protection Plan.
19. Liability.
The Landlord is not responsible for any loss, expense, damages, to any Tenant or other person, or property. The Tenant will and must pay for all and any damage to the Property, premise, Occupants, Guests, and invitee’s and Tenant themselves. Any and all injuries to the Tenant, Occupants, Guests, invites including but not limited to: drowning, electrocution, electric shock, bicycle injuries, motorized vehicles injuries and death are the full responsibility of the Tenant and/or Occupants. The Tenant, Occupants and Guest will use appropriate protective wear, at their own cost, to include but not limited to, shoes, helmets, coast guard approved floatation devices. Tenants further agrees that they engage in such activities at their own risk.
Tenant further acknowledges, by taking possession of the Property, as of the Commencement Date: Tenant has been given access to the Property and has made such investigation as it deems necessary, and is satisfied with the condition of the Property, and assumes all responsibility for the Property as related to Tenant’s occupancy of the Property and/or the terms of this Lease. Further, Tenant concurs neither Landlord nor any of its agents or employees has made any oral or written representations or warranties regarding said matters or the condition of the Property, other than as expressly set forth herein.
20. Landlord Entry.
The Landlord may enter the premises at any time to make alterations, show the premise to prospective buyers or tenants, insurance agents and lenders. The Landlord may enter the premises to ensure Tenant’s compliance to the rental lease at any time without notice.
21. Waiver of Jury.
THE LANDLORD AND TENANT WAIVE TRIAL BY JURY IN ANY MATTER WHICH COMES UP BETWEEN THE PARTIES OR ARISES IN RELATION TO THIS LEASE, IN A PROCEDURE TO GET POSSESSION OF THE PREMISE THE TENANT SHALL NOT HAVE THE RIGHT TO MAKE A COUNTER CLAIM. In the event that Landlord commences any proceedings for the recovery of possession of the Property, or to recover for nonpayment of Rent, Damage expenses, or additional rent, Tenant shall not interpose any counterclaim in any such proceeding.
22. Landlord Unable of Perform.
If due to labor dispute, weather, governmental order, Tenant act of neglect, storms, floods or any other cause not fully in the Landlord’s reasonable control, Landlord delay or inability to perform the repairs of the premise, the Tenant will not end their obligation under this Lease.
23. Damages.
Part of this Lease, the Tenant and Occupants will keep and return the Property and fixtures, appliances, furniture, furnishings and Landlord’s personal property in good and clean order. All charges for damages, not limited to unusual wear, extra cleaning, damage to walls, doors, garbage, failure to remove waste and wipe clean refrigerators, will be charged to the tenant at time and material basis. If cleaning exceeds 5 hours, additional charges will be charged as additional rent to be paid by the tenant expediently and upon demand of the Landlord.
The Tenant acknowledges that they are responsible for lost keys, not replacing furniture, failure to keep and return the premise in good clean condition, for any damage to the walls, marks, scratches, damage to blinds, breakage, staining on any furniture, bed linens, damage to screens, breakage of fixtures, appliances, damages to granite and porcelain tubs, sinks, repainting, spackling to walls, service to central air, HVAC, heating unit, thermostats, both daily and/or prior to the Expiration Date, as any result of Tenant’s and/or Occupant stay. ALL DAMAGES ARE CHARGED AT TIME AND MATERIAL BASIS OR REPLACEMENT COST PLUS TRAVEL.
24. Notice.
In order to avoid damage and staining to fabric furniture and bedding, please use a throw or a sheet. Please do not sit on furniture with wet or soiled clothing.
Please use dish soap or granite cleaner to wipe down countertops, as replacement is unduly expensive, and costs thousands of dollars. Painting and spackling is at time and material, cost is variable, minimum $100.00. Additional fees will apply if garbage is not disposed of properly.
25. Tenant Indemnity.
Tenant shall indemnify, protect, defend, and hold harmless Landlord and their agents from and against any and all claims, actions, demands, suits, proceedings, orders, losses (including loss of rents), damages, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities (collectively, “Claims”) arising out of, involving, or in connection with: (a) the use, occupancy, and/or rental of the Property by Tenant; (b) any act, omission, fault or neglect on or about the Property of Tenant, its agents, employees, contractors, subtenants, licensees, visitors, or invitees; or (c) any violation of any terms of this Lease by Tenant. If any action or proceeding is brought against Landlord, Tenant shall upon notice defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord and Landlord shall reasonably cooperate with Tenant in such defense. Landlord need not have first paid any such claim in order to be defended or indemnified. This Section shall survive the expiration or sooner termination of this Lease.
26. Governing Law.
This Lease shall be governed by, and construed in accordance with, the laws of the state of property location.
27. Arbitration.
Any controversy or claim arising out of or relating to this Lease, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Should any dispute arise, arbitration will take place in the state of property location.
28. Attorneys' Fees.
If Landlord brings an action or proceeding involving the Property to enforce these Terms, or to declare rights hereunder, then Landlord shall be entitled to reasonable attorneys’ fees, if it is the Prevailing Party (as hereafter defined) in any such arbitration proceeding. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term, “Prevailing Party” shall include, without limitation, a Party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party of its claim or defense. The attorneys’ fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys’ fees reasonably incurred. In addition, Landlord shall be entitled to attorneys’ fees, costs, and expenses incurred in the preparation and service of notices of default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such default.
29. Brokers.
Landlord may maintain a broker. If a Landlord uses such a broker or property manager (hereafter, the “Broker”), then such Broker will receive a fee paid solely by the Landlord or Property Owner.
Tenant and Landlord each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder who participated in, or facilitated the existence of this Lease. Tenant and Landlord do each hereby agree to indemnify, protect, defend, and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, and attorneys’ fees reasonably incurred with respect thereto. This Section shall survive the expiration or sooner termination of this Lease.
30. Condition of Properties.
Upon the expiration or sooner termination of this Lease, Tenant shall restore the Property to their original condition as of the Commencement Date of this Lease. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. All damage caused by Tenant shall be repaired and the Property restored such that on or before the Expiration Date, the Property shall be delivered broom swept, free of Tenant’s products, possessions, furniture, and equipment, and in good and rentable condition, at Landlord’s discretion. Tenant’s obligation hereunder shall survive the expiration or sooner termination of the Lease.
31. Waiver.
No waiver by Landlord of the violation of any term, covenant, or condition hereof by Tenant, shall be deemed a waiver of any other term, covenant, or condition hereof, or of any subsequent violation by Tenant of the same or of any other term, covenant, or condition hereof. Landlord’s consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Landlord’s consent to, or approval of, any subsequent or similar act by Tenant, or be construed as the basis of an estoppel to enforce the provision or provisions of this Lease requiring such consent. The acceptance of Rent by Landlord shall not be a waiver of any such violation or any default by Tenant.
Any payment by Tenant may be accepted by Landlord on account of moneys or damages due to Landlord, notwithstanding any qualifying statements or conditions made by Tenant in connection therewith, which such statements and/or conditions shall be of no force or effect whatsoever unless specifically agreed to in writing by Landlord at or before the time of deposit of such payment. No payment by Tenant, nor receipt by Landlord, of a lesser amount than the Rent herein stipulated shall be deemed to be other than on an account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord shall accept such check for payment without prejudice to Landlord’s right to recover the balance of such Rent or pursue any other remedy available to Landlord.
32. Oral Amendment.
This Lease may not be changed or terminated, in whole or in part, except in a writing signed by Landlord and Tenant.
33. No Surrender.
No act or omission of Landlord or Tenant, or their respective employees, agents or contractors, including the delivery or acceptance of keys, shall be deemed an acceptance of a surrender of the Property, and no agreement to accept such surrender shall be valid unless it is in a writing signed by Landlord.
34. Captions.
The captions in this Lease are for reference only and do not define the scope of this Lease or the intent of any term or section. All Section references in this Lease shall, unless the context otherwise specifically requires, be deemed references to the Sections of this Lease.
35. Severability.
If any provision of this Lease, or the application thereof to any person or circumstance, is invalid or unenforceable, then in each such event the remainder of this Lease or the application of such provision to any other person or any other circumstance (other than those as to which it is invalid or unenforceable) shall not be affected, and each provision hereof shall remain valid and enforceable to the fullest extent permitted by all applicable Laws.
36. No Presumption.
There shall be no presumption against Landlord because Landlord drafted this Lease or for any other reason.
37. Joint and Several Liability.
If Tenant is comprised of two or more persons, the liability of those persons under this Lease shall be joint and several.
38. Construction.
Wherever appropriate in this Lease, words of any gender used in this Lease shall be construed to include any other gender, and words in the singular shall include the plural and vice versa, unless the context otherwise requires.
39. Confidentiality.
Each party agrees to keep the terms of this Lease confidential and shall not disclose same to any other person not a party hereto (except relevant sections pertaining to information required to be provided to Guests) without the prior written consent of the other, provided that either party may disclose the terms hereof to such accountants, attorneys, managing employees, and others in privity with any such party to the extent reasonably necessary for either party’s business purposes.
