VACATION RENTAL AGREEMENT
PURSUANT TO NC STATUTE
YOU ARE NOTIFIED OF THE FOLLOWING:
THIS IS A VACATION RENTAL
AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS
AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW
AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT
PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE
ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE
PROPERTY AFTER RECEIPT OF THIS AGREEMENT, IS EVIDENCE OF YOUR
ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR
A VACATION RENTAL.
Tenant will be held
responsible for all occupants complying with rental policies,
procedures and rules. The tenant must be physically present during
the entire reservation period and no subletting is permitted without
written authorization by owner or owner’s agent.
Owner and/or Owner’s
agent rents to tenant, the vacation property described in the
website (hereinafter referred to as the “premises” or “cabin”) and
as particularly described by name in the emailed reservation
after 4:00pm on the reservation date. Ends: at 11:00am on the
check out date.
agrees to pay rent in the amount as follows for rental of the
following premises subject to pre paid reservation:
$99 night M- Th / $119 Fr-Sa /$599 week
Lodge: $139 night M- Th / $150 Fr-Sa /$850 week
$119 night M- Th / $135 Fr-Sa /$699 week
Plus Tax *
(7.75% sales and 5% occupancy)
Damage Deposit: $150
*tax rates are calculated
at the time of this agreement. If the rates change, Tenant is
responsible for rates in effect at time of possession.
Disbursement of Rent:
Tenant authorizes owner or his agent to disburse up to fifty percent
of the rent set forth in paragraph 3 above to owner or as the owner
directs prior to tenant’s occupancy of the premises, and the balance
of the rent upon the commencement of the tenancy, a material breach
of this agreement by the tenant, or as otherwise permitted under the
Vacation Rental Act. Tenant authorizes owner or owner's agent to
disburse prior to tenant’s occupancy of the premises any fees owed
to third parties for goods, services or benefits procured by owner’s
agent for the benefit of the tenant, including but not limited to,
any fees set forth herein payable to agent for reservation, transfer
or cancellation of tenancy.
A $150 security deposit is required in advance of the rental. The
security deposit may be applied to any actual damages caused by
Tenant under the Tenant Security Deposit Act. Owner or owner’s
agent shall account for or refund the deposit within 45 days of the
end of the tenancy. Tenant agrees that tenant will pay any damages
which exceed the amount of the security deposit as actual damages.
Trust Account: Any
advance payment made by tenant shall be deposited in a trust account
with Carolina First Bank located in Lake Lure, NC. Tenant agrees
that any advance payment may be deposited into an interest bearing
trust account and that any interest thereon shall accrue for the
benefit of, and shall be paid to the owner (or as the owner directs)
as it accrues and as often as is permitted by the terms of the
Rules and Regulations:
Tenant agrees that tenant has received and read the rules and
regulations, and understand that they are an integral part of this
Vacation Rental Rule and Regulations
Check in time is between
4:00 pm and 6:00 pm- no keys will be released until after 4:00
pm. It is the tenant’s responsibility to request and obtain
after hours check -in.
Possession of the cabin
will not take place until the entire amount of rent, fees, taxes
and security deposit has been paid.
One set of keys will be
provided at check- in. Keys must be returned at check- out. If
they are not returned, Tenant will be charged $100 which
will be deducted from the security deposit.
amenities provided and items you must bring
Cabins are furnished and
equipped with dishes, kitchen utensils, pots and pans, coffee
maker, microwave, range, refrigerator, TV, VCR and AC. No
replacement or repair is guaranteed and no
refunds will be given in event of malfunction, electric or water
Linens are provided.
However, there will be no daily linen or maid service.
10 bath towels, 10 wash
cloths and 4 hand towels are provided. If you feel you need
more, you must bring your own.
All beds have pillows,
blankets and sheets. Extra blankets are provided.
Products such as soap,
toilet paper, paper towels and dish detergent are the responsibility
of the tenant. A starter supply of toliet paper and soap
will be provided
There is no telephone.
The cabin has well water
and you may wish to bring bottled water.
There is picnic table and
a charcoal grill available for your use at the Lazy Lodge and
Waterfall Cabin. The grill cannot be used on the deck and must be
used at least 20 feet from the cabin due avoid fire. Grill must be
cleaned and ashes property disposed of by tenant.
and Duties of the Tenant
Maximum Occupants is as
described on the website for each cabin- including children.
Absolutely NO PETS
PERMITTED. Detection of a pet will result in an
expedited eviction and a $150 extermination and
cleaning fee as actual damages to be deducted from the
No house parties,
excessive alcohol use or loud noise. Quiet hours are between 11 pm
and 9 am. Any complaints filed with the police will result
in expedited eviction.
NO SMOKING IS
PERMITTED IN THE CABIN. If evidence of smoking is detected in the rental unit, a $150 cleaning fee as actual damages will be
deducted from the security deposit. If you smoke , you
must smoke outside and dispose of your butts properly.
Tenant is to maintain the
property in a safe, clean, sanitary condition.
Dispose of all ashes,
rubbish, garbage as directed in the unit.
Trash is to be kept
bagged, tied and then placed in the trash cans with the lid shut by
the garage. Under no circumstances should loose bags be left
outside. Garbage attracts unwanted wild animals, such as bears and
Do not render inoperable
any smoke detectors- they are for your safety.
Any fires should be kept
in control and not too large so as to avoid catching the premises on
fire. Fire should be monitored at all times and put all fire
ambers completely out when you leave the premises or go to bed.
The fire place ( in the lazy lodge only) should be cleaned of all
ashes and swept prior to departure. Do not throw any hot burning
logs in the woods or lawn.
Tenant is responsible for
any damage to the premises, equipment or furnishings.
Tenant will be
responsible for any missing or broken items which are not present
after tenant’s departure. The value of such items will come out of
tenant’s security deposit.
Tenant must notify
owner or owner’s agent in writing of any items in need of repair
or replacement. If you notice an appliance is not working properly,
a plumbing problem, an electrical problem, a smoke alarm problem, or
other item on the premises or any thing that could cause harm to
anyone’s health or safety or if something just needs fixed or
improved, please notify the owner or owner’s agent immediately.
Pursuant to NC statute,
the tenant shall:
(1) keep that part of
the property which he or she occupies in a clean, safe condition and
cause no unsafe or unsanitary conditions in the common areas and
remainder of the property that he or she uses.
(2) Dispose of all ashes,
rubbish, garbage, and other waste in a clean and safe manner.
(3) Keep all plumbing
fixtures in the property or used by the tenant as clean as their
(4) Not deliberately or
negligently destroy, deface, damage, or remove any part of the
property or render inoperable the smoke detector provided by the
landlord or knowingly permit any person to do so.
(5) Comply with all
obligations imposed upon the tenant by current applicable building
and housing codes.
(6) Be responsible for
all damage, defacement, or removal of any property inside the
property that is in his or her exclusive control unless the damage,
defacement or removal was due to ordinary wear and tear, acts of the
landlord or his or her agent, defective products supplied or repairs
authorized by the landlord, acts of third parties not invitees of
the tenant, or natural forces.
(7) Notify the landlord
of the need for replacement or repairs to the smoke detector. The
landlord shall annually place new batteries in a battery operated
smoke detector, and the tenant shall replace the batteries as needed
during the tenancy. Failure of the tenant to replace the batteries
as needed shall not be considered negligence on the part of the
tenant or landlord.
Locked areas and the
The Garage and any locked
areas are reserved for storage and are the private property of
Owner. These areas are not included in the rental premises.
We cannot guarantee the
weather conditions. There will be no refund due to inclement
weather unless otherwise provided herein in the “mandatory
evacuation/ state road closure” provision of this agreement.
Inspection of premises
Tenant agrees that owner
or owner’s agents may enter the premises for during reasonable hours
to inspect, repair, improve the premises ro to show the premises to
prospective purchasers or tenants.
Comply with all current
applicable building and housing codes.
Make all repairs and do
whatever is reasonable/ necessary to put and keep the premises in a
Keep all the common areas
of the property in a safe condition.
Maintain in good and safe
working order and reasonably and promptly repair all electrical,
plumbing, sanitary, heating, ventilating, and other facilities and
appliances supplied by him or her upon written notification from the
tenant that repairs are needed.
Provide operable smoke
detectors. Landlord shall replace or repair the smoke detectors if
the landlord is notified by the Tenant in writing that
replacement/repairs are needed. Landlord shall annually place new
batteries as needed during the tenancy.
Check out is at 11:00
The premises should be
left as you found it- in clean condition. Tenant is required to
wash dishes and put them away. Refrigerator should be emptied and
clean. Stove and oven should be clean. The counters should wiped
off. The floors and porch should be swept.
The AC and heat should be
turned off. The lights must be turned off. Trash must be bagged
and tied and left in the cans by the garage ( with the lid shut
tight). All windows and doors must be closed and locked. All fire
ashes should be cleaned up. Bed linens should be placed on beds and
dirty towels should be gathered and placed in the tub. Keys must be
returned to the owner’s agent.
There will be no refunds
for early departure or unused time.
Cancellation by tenant
Cancellation request must
be in writing. Tenant will not obtain a refund if the cancellation
notice is received less than 14 days prior to commencement of the
tenancy period. This means that you will not receive any refund of
any rent or fees paid, if you cancel 14 days or less prior to the
commencement of the rental. You will be returned the security
deposit. For example, If you rent the cabin for the week, you
will be charged the full week’s rental as if you had stayed. If
the cancellation notice is received more than 14 days before the
rental, a 50% cancellation fee will be applied. If the cancellation
notice is received more than 45 days prior to the commencement of
the rental period, a $50 cancellation fee will be charged to the
Transfer of the
property by owner
If the property is
voluntarily transferred by landlord, a tenant has the right to
enforce the vacation rental agreement against the grantee of the
property if the vacation rental is to end 180 days or less after the
date of the grantee’s interest in the property is recorded; if the
vacation rental is to end more than 180 days after the recordation
of the grantee’s interest in the property, the tenant has no right
to enforce the terms of the agreement unless the grantee agrees in
writing to honor the agreement. If the grantee does not honor the
agreement, the tenant is entitled to a full refund of any payments
made. Within 10 days after the transfer of property, grantee or
grantee’s agent shall : a) notify each tenant in writing of the
property transfer, the grantee’s name and address, and the date the
grantee’s interest was recorded. B) advise each tenant whether he or
she has the right to occupy the property subject to the terms of the
vacation rental agreement and the provisions of this section. C)
advise each tenant of whether he or she has a right to receive a
refund of any payments made by him or her.
Upon termination of the
landlord’s interest in the property, whether by sale, assignment or
death, appointment of a receiver or otherwise, the landlord,
landlord’s agent , or real estate agent is required to transfer all
advance rent paid by tenant ( and other fees owed by third parties
not already lawfully disbursed) to the landlord’s successor in
interest within thirty days and notify the tenant by mail of such
transfer and of the recordation of the landlord’s successor in
interest in the property, and the successor in interest has not
agreed to honor the vacation rental , all advance rent paid by the
tenant must be transferred to the tenant within 30 days.
If the landlord’s
interest in the property is involuntarily transferred to another
prior to the tenant’s occupancy of the property, the landlord shall
refund to the tenant any payment made by the tenant within 60 days
after the transfer.
Cancellation by owner
The owner or owner’s
agent has the right to cancel this agreement at any time prior to
the tenant taking possession of the property. In such event, all
payment made by the tenant will be refunded, and neither the owner
or the owner’s agent will be liable for any damages, including but
not limited to consequential and incidental damages incurred as a
result of the cancellation.
If the tenancy herein is
created is for 30 days or less, the expedited eviction procedures
set forth in the Vacation Rental Act will apply. Tenant may be
evicted under such procedures if Tenant:
1. Holds over in
possession after Tenancy has expired.
2. Commits a material
breach of the any provision of the agreement 9including any addendum
hereto) that according to its perms would result in the termination
of the tenant’s tenancy.
3. Fails to pay rent as
required by the agreement.
4. Has obtained
possession of the premises by fraud or misrepresentation.
State Road closure
If state and local
authorities order a mandatory evacuation of an area that includes
the premises, Tenant shall comply with the order. Upon compliance,
Tenant will be entitled to a refund of the prorated rent for each
night that tenant is unable to occupy the premises because of the
order. In addition, if tenant is unable to begin tenancy due to
road closure by state and local authorities, a prorated refund for
each night that tenant is unable to occupy the premises will be
issued. If state roads are open and tenant chooses not to begin
occupancy, no refunds will be given. There is no guarantee that
private roads will be passable and no refunds will be given for lack
of snow removal.
This agreement is not
assignable except by the written consent of the parties.
Attorney fees/ Indemnification and Hold harmless
Tenant agrees to abide by
this agreement and understands that it is legally binding. All
parties agree that in event of a dispute that the agreement will be
interpreted in accordance with NC law. Tenant shall be responsible
for attorney fees and costs of owner and/or owner’s agent incurred
and arising out of any breach of this agreement by Tenant or
Tenant’s invitees. Tenant agrees to indemnify and hold harmless the
owner, owner’s agents , owner’s employee’s, owner’s managers, and
owner’s agent’s employees from and against any and all liability
for any claim for personal injury, property damage, intangible
damages, advertising injury, discrimination, or any other cause of
action in tort, contract or equity arising out the acts or omissions
of tenant or tenant’s guests.
By making a reservation and payment, Tenant
acknowledges tenant has read and understood the terms of this
agreement and the website.
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