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In consideration of the monies received and the mutual promises contained herein, the Owner of the subject Property, DIANE METTLACH, does hereby lease and rent to Tenant that certain Property described above, under the following terms and conditions.
1. ADVANCE PAYMENT of one-half (1/2) of the rental rate shown above and this signed lease agreement, must be returned to DIANE METTLACH within seven (7) days of the date you communicated to the Owner to reserve the Property. If lease agreement and advance payment are not returned to DIANE METTLACH within the allotted time, the reservation will be automatically canceled. A copy of the fully executed lease as Tenant's receipt for the advance payment will be returned to leaseholder.
2. BALANCE DUE, damage deposit waiver and any and all fees for goods or services as shown above, must be received by DIANE METTLACH 10 days prior to arrival. If the balance is not received 10 days prior to arrival, DIANE METTLACH shall have the right, without further notification, to deem the reservation canceled, pursuant to paragraph 8 of the Confirmation and Lease agreement. Acceptable forms of payment include; personal check, cashier's check, or electronic check. For reservations made less than 10 days from check in, all funds, or TOTAL as shown above are due immediately. ALL RESERVATIONS MUST BE PAID IN FULL PRIOR TO CHECK IN AND POSSESSION OF THE PREMISES.
3. PETS are not permitted in any of the rental properties with the exception of pre-arranged circumstances. Violation is a material breach and is grounds for immediate EVICTION. NO EXCEPTIONS - NO REFUNDS. For those designated tenants that I do allow pets there is an additional non-refundable fee. Pets shall be limited to two (2) domestic, housebroken; nondestructive adult dogs (no puppies).
4. FAMILY GROUPS ONLY - I rent only to family groups. The tenant shown above acknowledges that he/she is at least 21 years old and understands that he/she must personally occupy the property for the entire period. Tenant further acknowledges he/she MAY NOT rent the property in connection with a non-family use such as high school, college or civic groups and to do so constitutes a material breach, which would be grounds for immediate EVICTION. NO EXCEPTIONS- NO REFUNDS.
5. MAXIMUM OCCUPANCY, as shown above, must not be exceeded. Occupancy count does include children. The hosting of parties, which would increase maximum occupancy in the home, on decks, stairs or anywhere on the property, is a violation of your rental lease. OVER OCCUPIED PROPERTIES CONSTITUTES A MATERIAL BREACH AND ARE SUBJECT TO IMMEDIATE EVICTION. NO REFUNDS, NO EXCEPTIONS.
6. TERMINATION - If Tenant or any member of his party violates any of the terms of this agreement, and then Owner may, at Owner's sole discretion, terminate this lease with no refund of the unused portion of the rents and may enter the premises and remove Tenant, the members of this party and their belongings. Any material breach as set forth herein will entitle the Owner to expedite eviction procedures. A material breach shall include, but not be limited to, damage to the property, or failure to check out on a timely basis
7. CANCELLATIONS must be made in writing and received by DIANE METTLACH 20 days prior to check in. Refunds are available if the property is rerented. The tenant is responsible for verifying that DIANE METTLACH has received the cancellation letter. If DIANE METTLACH is unable to rerent the property, any and all prepaid rental payments, administrative fees, and taxes due, will be forfeited. If the property is rerented for full term of the original rental period, the only refund due the canceling Tenant will receive a refund of any prepaid rental payment, less a service charge of $75.00. If the property is rerented for only a part of the original rental period, the only refund due the canceling Tenant are those funds in excess of the original rental rate, less a service charge of $75.00. Refunds will be payable to the Tenant within 20 days after the subsequent rerent payment has cleared our accounts. Tenant will be entitled to reimbursement of any fees paid to Owner for goods,
services, or benefits procured by the Owner from third parties for the benefit of Tenant that have not been paid out prior to DIANE METTLACH receiving the written notice of cancellation.
8. TRANSFERS by tenant may be made from one week to another. All requests for transfers must be made in writing and received by DIANE METTLACH at least 20 days prior to check in. Transfers, which occur, from a higher rental rate season to a lower rental rate season will remain at the charge of the higher rental rate season. Transfers from a lower rental rate season to a higher rental rate season will be charged the higher rental rate.
9. SECURITY DEPOSIT/DAMAGE DEPOSIT. Our home requires a refundable security deposit, the purpose of which is to enable the owner to recover some of the expenses incurred for repairing damages caused by obvious abuse or neglect, for special cleaning requirements, for unnecessary service calls by guests, failure to properly dispose of trash, damage or loss caused by a pet or other animal brought onto the premises by guest. The deposit applies only to the direct physical loss or damage to covered property. You will be obligated to pay for accidental loss or damage to the contents of the rental unit you occupy. Damage deposit does not include: Acts of God or normal wear and tear. The deposit does not apply to loss or damage of any property owned by or brought onto the premises by a guest. It does not cover loss of use of such property. The guest must report any loss or damage to the unit or its contents to DIANE METTLACH promptly. She will have the sole authority to determine
the extent of repairs necessary. The damage deposit becomes effective upon check in and terminates at the end of the stay. Owner will inspect property upon Tenant's departure and will bill for all costs for damages due to extra cleaning, repairs, or replacements. If the cost of the damages is over and above the security deposit amount, the tenant shall remain responsible for such costs and agrees to pay promptly when notified by Owner of assessed amount. Rearranging of furniture is not permitted. TENANT MUST LEAVE PROPERTY CLEAN AND READY FOR THE NEXT GUEST, ALL DISHES WASHED AND PUT AWAY, OVEN CLEAN, ALL FOOD REMOVED FROM REFRIGERATOR AND ALL TRASH REMOVED FROM HOME, ALL BEDS MADE PRIOR TO DEPARTURE AT CHECK OUT.
10. INSPECTION AND REPAIRS to property, its fixtures, appliances, furnishings and facilities during the rental period may be made by the Owner, or Owner's representative during the rental period.
11. CHECK IN for Properties is 3:00 P.M. on the arrival date. In extreme situations check in time may need to be extended until 5:00 P.M. for additional cleaning and regular maintenance. Tenant shall not be on the Property, including driveways and outside showers, prior to check in. TENANT MAY BE CHARGED UP TO AN ADDITIONAL ONE (1) DAY RENTAL IF PROPERTY IS OCCUPIED PRIOR TO CHECK IN. Keys will not be released until stated check in time.
12. CHECK OUT on the day of departure will be no later than 11:00 A.M. Tenant must return keys to the designated location on check out day. No occupancy of the property, including driveways, and outside shower, after check out will be allowed. TENANT MAY BE CHARGED UP TO AN ADDITIONAL ONE (1) DAY RENTAL IF PROPERTY IS OCCUPIED AFTER CHECK OUT.
13. LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY
a) In the event that the Owner is unable to deliver said Property to Tenant under this lease agreement prior to occupancy because of fire, eminent domain, act of nature, double booking, delay in construction or any other reason whatsoever, Tenant hereby agrees that Owner's sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Tenant. Owner shall make such refund promptly. Pursuant to the terms of this lease, Tenant expressly acknowledges that in no event shall Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred, as a result of moving, for any damage, destruction or loss. If Owner is able to relocate Tenant.
b) Tenant understands that there are inherent risks associated with any property, including risks associated with any special features. Tenant certifies that they are thoroughly familiar with how to properly use the premises, including all special features included therein or thereon. Tenant agrees to release and indemnify the Owner from and against all liability should anyone be injured upon the premises during the term of this lease, resulting from any cause whatsoever, except in the case of a personal injury caused by the negligent act of the Owner or Owner's employees, and Tenant further agrees to indemnify and save harmless Owner and Owner's employees from any claims made by Tenant or Tenant's guest for injury or liability to person or property. Tenant further agrees that tenant is responsible and liable for, and will pay upon request, any damages that occur to the premises or any portion thereof due to Tenant's and/or his guest misuse and/or negligent use of the
premises or any portion thereof. Tenant further understands that this home has not been child proofed in any way and tenant takes sole responsibility for the safety of their children and visiting children around all electrical appliances and outlets, all cleaning supplies, on all outside decks, grill and all other areas of the property.
c) Tenant shall not be entitled to any refund or rebate due to acts of nature, delay in check in, unfavorable weather, disruption of utility services, malfunctioning or missing equipment/appliances/furnishings, surrounding construction and associated noise, empty propane gas cylinders for fireplaces or gas grills or any other situation occurring not under Owner's control. Tenant covenants and agrees to vacate upon an evacuation order or if Owners in Owner's sole discretion, deems it in the best interest of the Tenant to vacate.
d) Every effort to insure that the information in this agreement and Rental Brochure is correct. However, we will not be responsible for any errors contained herein.
In witness whereof, this agreement is executed by each party hereto. Tenant acknowledges and accepts all terms as set forth on both sides of this agreement, and the rules and regulations on the attached page. Signature below must be that of the tenant shown above.
By: ______________________________________________________
(Signature)
TENANT: __________________________________________________
(Printed Name)
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