Vacation rental agreements are required in the State of North Carolina by the Vacation Rental Act.  The information provided below is intended to give potential tenants an idea of what they can expect to electronically sign during the booking process.  The actual agreement presented for signature may be slightly different.

Vacation Rental Agreement Example

I.  GOVERNING LAW: 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 the agreement, is evidence of your acceptance of the agreement and your intent to use this property for a vacation rental.

II.  THE PARTIES: This is a Vacation Rental Agreement (“Agreement”) made on __________________ between the following:

LANDLORD: 1074 PHM, LLC

III.  THE PROPERTY: The Landlord agrees to rent the described property below to the Tenant:

Listing Name:  The Sleeping Bear’s Lair

Address: 

Residence Type:  House/Cabin

 

Hereinafter known as the “Premises.

 

IV.  TERM: The term of tenancy of this agreement shall begin at 4pm EST on _______________ (“Check-In-Date”), and end at 10am EST on _______________ (“Check-Out-Date”). Changes to the TERM of this agreement must be made in and agreed upon in writing.

 

V.  FINANCIAL TERMS:

A.  Security Deposit Hold:

Tenants will have a security deposit "hold" placed on their credit card in the amount of $300.00 2 days before arrival.  This hold will be released no later than 7 days after Check-Out-Date, unless damages or additional fees will need to be assessed in accordance with the Tenant Security Deposit Act.  Tenants will be notified by email if their "hold" will need to be extended in order to evaluate potential additional charges.  Landlord shall provide a full accounting of any charges against the "hold."  The "hold" shall be released as soon as possible, not to exceed 30 days.

 

VI.    Cancellation: 100% of paid prepayments refundable when canceled 14 days before arrival or earlier.  50% of paid prepayments are refundable when canceled 7 days before arrival or earlier.  0% refundable if canceled after.

VII.  Insurance: We encourage all tenants to purchase traveler insurance in case of unforeseen circumstances, accidents, or other issues that may prohibit tenants from traveling or fulfilling vacation rental terms:

VIII.  Tenant Duties:  Tenant agrees to comply with all obligations imposed on the Tenant by the North Carolina Vacation Rental Act, with respect to maintenance of the Property, including, but not limited to keeping the Property as clean and safe as the conditions of the Property permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Property that the Tenant uses; and notifying Landlord in writing of the need of replacement of or repairs to any smoke detector, and replacing the batteries as needed during tenancy. Tenant agrees not to use the Property for any activity or purpose that violates any criminal law or government regulation.  Tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of the Tenant’s tenancy.

1.  Occupancy: Tenant will not hold any parties or loud gatherings without prior written approval from the Landlord, violation of this shall be treated as a breach this Agreement.

2.  No more than 6 guests including the Tenant are permitted on the premises at any given time without prior written approval from either the Landlord, violation of this shall be treated as a breach this Agreement.

IX.  Landlord’s Duties: Landlord agrees to provide the Property in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Property, Landlord cannot provide the Property in a fit and habitable condition or substitute comparable property in such condition; Landlord shall refund to Tenant all payments made by Tenant.  Landlord shall conduct all activities regarding this Agreement without regard to the race, color, religion, sex, national origin, handicap, or familial status of any Tenant.

X.  Transfer of Property:

A.  If the owner voluntarily transfers the property, Tenant has the right to enforce this Agreement against the new owner of the Property if Tenant's occupancy under this Agreement is to end 180 days or less after the new owner's interest in the Property is recorded.  If Tenant's occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the new owner agrees in writing to honor this Agreement.  If the new owner does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed.)  Within 10 days after transfer of the Property, the new owner or the new owner's agent is required to (1) notify Tenant in writing of the transfer of the Property, the new owner's name and address, and the date the new owner's interest was recorded; and (2) advise Tenant whether Tenant has the right to occupy the Property subject to the terms of this Agreement or receive a refund of any payments made by Tenant.

B.  Upon termination of the owner's interest in the property, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, or owner's agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the new owner within 30 days, and notify Tenant by mail of such transfer and of the new owner's name and address.  However, if Tenant's occupancy under this Agreement is to end more than 180 days after recordation of the interest of the new owner in the Property, and the new owner has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to the Tenant within 30 days.

C.  If the owner's interest in the property is involuntarily transferred prior to the Tenant's occupancy of the Property, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days of the transfer.

XI.  Mandatory Evacuation: If State or local authorities order a mandatory evacuation of an area that includes the Property, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that the Tenant is unable to occupy the Property because of the order.

XII.  Expedited Eviction: If the term of this Agreement is 30 days or less, the expedited eviction procedures set forth in the North Carolina Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (1) holds over in possession of the Property after the term of this Agreement has expired; (2) commits a material breach of any provision of this Agreement (including any Addendum to this Agreement) that according to its terms would result in the termination of Tenant’s tenancy; (3) fails to pay rent as required by this Agreement; or (4) has obtained possession of the Property by fraud or misrepresentation.

XIII.  Indemnification and Hold Harmless; Right of Entry; Assignment: Tenant agrees to hold harmless Landlord from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by the negligent or willful act of the Landlord or the failure of the Landlord to comply with the North Carolina Vacation Rental Act. Tenant agrees that Landlord or their respective representatives may enter the Property during reasonable hours to inspect the Property, to make such repairs, alterations, or improvements as Landlord may deem appropriate, or to show the Property to prospective purchaser or tenants. Tenant shall not assign this Agreement or sublet the Property in whole or part without written permission of Landlord.

Addenda:

1. Tenant agrees that Tenant has received and read Appendix A (House Rules). Appendix A shall constitute an integral part of this Agreement.  Guests/Tenants in violation of items list in Appendix A are in material breach of this Agreement, and may incur additional fees or have their tenancy terminated.
2. Tenant agrees that Tenant has received and read Appendix B (Provided Items). Appendix B shall constitute an integral part of this Agreement.
3. Tenant agrees that Tenant has received and read Appendix C (Powder Horn Mountain User Informed Consent Waiver). Appendix C shall constitute an integral part of this Agreement.

Addendum A (House Rules)

1. Guests must electronically sign the Vacation Rental Agreement
2. Guests must submit a valid government issued photo ID via our portal.
3. Check-In time is after 4:00 pm, EST, and Check-Out time is before 10:00 am, EST.  Early check-ins or late check-outs are not permitted without written permission from the Landlord.
4. NO SMOKING/VAPING.  Violations are $250.00
5. Dogs (maximum of 3) are permitted with payment of pet fee. Dogs should be:  Up to date on rabies vaccinations, free of fleas & ticks, and leashed when outside the confines of the house.
6. Hunting in the community of Powder Horn Mountain is prohibited.
7. Fires:  With the exception of using the grill, outdoor fires of any kind are prohibited.
8. Quiet hours:  10pm - 7am, EST.
9. Loud noises including parties, discharging firearms, fireworks, or other obnoxious behavior will not be tolerated.  Tenant's violation of this policy may result in termination of the Tenant's tenancy at the discretion of the Landlord.
10. Any fees such as pay-per-view or telephone charges incurred during the tenant's stay will be passed on the tenant.
11. Furnishings:  All furnishings and furniture should remain in place as they are provided.  Please do not re-arrange the furniture.  Failure to leave furniture in place will result in an additional $100.00 fee.
12. Guests/Tenants wishing to utilize the Powder Horn Mountain Community Amenities must follow all rules and regulations as set forth by the Powder Horn Mountain Property Owner's Association.
13. Additional Cleaning Charges of $250.00 will be assessed for abnormal or disrespectful occupancy conditions.  Examples include, but are not limited to the following:
    • Pet Waste
    • Actions/Items:  such as glitter, glue, wax, silly string, tape, BB's, paintball damage
    • Unusually foul or excessive garbage left in or around the Property such as oyster shells, fish guts, strewn litter, vomit, and soiled diapers.

Addendum B (Provided Items)

 

1. Phone: A landline phone is provided for local, long distance, and emergency services. Any other use of the phone service that incurs fees during the tenant’s stay will result in those costs being billed to the Tenant.  Cell phone service may or may not be available. Satellite WIFI is provided via HughesNet for WIFI calling.
2. Internet: Is currently provided via a data limited satellite-based service. While this service is typically suitable for streaming, if multiple users are accessing the service at the same time speeds may be reduced. Once the allotted data has been used internet connections may become much slower.
3. Dishes, cookware, utensils, bed linens, blankets, towels, wash cloths, kitchen towels, iron, ironing board, and pillows are provided.
4. Consumable supplies such as coffee, cooking spices, toilet paper, trash bags, dishwasher detergents, soap, and toiletries are provided in small amounts. While most of our guests/Tenants will find these amounts sufficient to last their entire stay we do recommend that you be prepared to bring additional supplies as necessary.

Addendum C (Powder Horn Mountain User Informed Consent Waiver)

 

 

As a user/renter of Powder Horn Mountain, I/we hereby expressly release Powder Horn Mountain Property Owners’ Association, Inc., its employees and agents from all responsibility and liability for any injuries or damages that might be sustained while utilizing any of the facilities, amenities, and/or equipment on the premises. I/we agree that my/our party members and guests shall abide by all rules and regulations and shall be responsible for any damages or injuries incurred by my/our party and guests. Receipt of this document implies consent of all policies outlined therein.

 

Respectfully

Powder Horn Mountain

Management