In consideration of the rent received and the mutual promises herein, Joseph and
Joyce Ferrari, do hereby lease and rent property named above, and
under the following terms and conditions.
THIS LEASE MUST BE SIGNED BY TENANT AND RETURNED WITHIN 7 DAYS OF RECEIPT. Please retain one copy and return one copy to Owner.
CANCELLATION: In the event Tenant cancels his reservation of the leased property and said property is not re-rented during the entire term set out above, then all consideration previously tendered will be forfeited by Tenant and retained by Owner. All cancellations must be in writing. If the property is re-rented, then all consideration previously tendered by Tenant will be refunded to him, less a service charge equal to 12% of the total contract amount or $75.00 whichever is greater. The tenant shall not assign this agreement or sublet the property in whole or in part. All sublets must be handled directly by Owner.
Payment of Rent: We ask you confirm your reservation within seven days by sending an advance payment equal to one half of the rental amount. Upon verbal agreement a lease agreement will be forwarded to you to confirm your reservation. Return one copy to owner within 7 days upon receipt. The balance payment of your rent and the security deposit will be due at least 45 days prior to your check-in date. This can be personal check, money order, or cashierís check. We will not accept personal checks less than 30 days before your arrival. A $25.00 service charge on any returned check will be added to your balance.
The purpose of the security deposit is to protect the owner, property, and contents, plus the return of any keys and parking passes sent to you. The property will be inspected after your departures to ensure the property is left in proper order, clean and damage free. Your security deposit will be mailed back to you within 30 days following your departure, with any necessary deductions noted.
Check-in: Check-in time is 3:00 P.M. on the beginning date of your reservation. In order to allow sufficient time to prepare the property for your use, we ask that you do not request early occupancy. Keys will not be sent nor key code given out until entire balance due is paid in full and lease agreement is signed.
PETS: We do not allow pets. A pet found on the property is grounds for immediate eviction.
ACCOMMODATIONS: The cottage is equipped for normal housekeeping. It includes an electric coffee pot and toaster as basic kitchen equipment, a TV, cable hookup, phone, and microwave. All beds will have mattress pads, bedspreads, and pillows. You will have to bring paper products and dishwasher detergent with you. Bed linens as well as kitchen and bath linens are available in the cottage linen closet. The bed linens are washed by the cleaning crew. .If you use the bath or kitchen linens it will be your responsibility to wash them and place them back in the linen closet after use. For your protection there are smoke detectors. It is the responsibility of the renter to check the smoke detectors upon arrival to check if they are working properly.
MAINTENANCE: Please notify owner at 732-257-7581 of any difficulty you incur during your stay. There will be no rebates given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities, construction in the area, nor maintenance problems.
CHECK-OUTS: The cottage must be vacated by 10:00 A.M. on check-out day. Lessee is responsible for straightening all furniture, making beds, doing dishes and replacing them in cabinets, taking out trash, emptying and wiping out refrigerator, leaving the A/C set at 82 degrees (or the heat at 55 degrees in the winter), securing all doors and windows, and leaving the unit tidy, damage free and in good shape for the next renter. Any extra cleaning or excessive trash removal will be billed to the tenant at a minimum fee of $50.00.
DAMAGES: Please report any breakage or damages to us upon occurrence and settle the matter before you leave. If there is any damage done to the property the lessee does agree to be responsible for any damages done by himself, his family, or guests.
GRILLING: Grilling is not permitted except on concrete surfaces. Do not attempt to use grills on decks or near wooded areas, as you are responsible for any damages. Please be sure to clean the grill before you leave, so the next guest finds it ready to use.
TELEVISION: The cottage has cable hookup and two TVís. There is no guarantee given for the sets and no rebates will be given for malfunctions. Additionally, there will be no rebates for faulty VCR or DVD equipment.
PERMITTED OCCUPANTS: The tenant shall not permit the property to be occupied or used as a residence by more than the maximum number stated on the reverse side of this agreement. This includes the tenant, his family, and guests. Overcrowding of property or misrepresenting number in party is grounds for immediate eviction without refund. Absolutely no house parties, beer kegs, ATVís, or RVís allowed on premises. Violations will result in the termination of the lease and immediate eviction.
LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY: In the event the owner is unable to deliver said property to tenant under this lease agreement because of fire, mandatory hurricane evacuation, eminent domain or act of nature, or for any other reason whatsoever, tenant hereby agrees that ownerís sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Tenant pursuant to the terms of this lease, and Tenant expressly acknowledges that in no event shall owner be held liable for any consequential or secondary damages. The tenant agrees to release and indemnify the Owner from and against liability for injury to the person of the tenant or by any member of his household resulting from any cause whatsoever, except only such a personal injury caused by the negligent or intentional acts of the owner. Tenant shall not be entitled to any refund due to unfavorable weather, maintenance problems, area construction, early departure, or disruption of utility services after occupancy. Tenant agrees to be responsible for any repairs necessary due to their negligence. In the event of an ordered evacuation due to hurricanes or other storms, refund for the prorated amount of time from the ordered evacuation until the area is reopened will be made, following written request by tenant to owner.
In witness whereof, this agreement is executed, in two counterparts with an executed counterpart being retained by each party hereto. NOTICE: This is a legally binding contract. If not understood, seek competent advice.
This agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina.
This agreement shall be treated as though it were executed in the county of Dare, State of North Carolina, and were to have been performed in the county of Dare, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in courts in North Carolina. We consent to such jurisdiction and to extraterritorial service of process.