This is a sample agreement for you to review. An agreement for your stay will be emailed to you.
NORTH CAROLINA VACATION RENTAL AGREEMENT
The Altamont, LLC
18 Church St.
Asheville NC 28801
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.
Number of Adults:
Number of Children:
Number of Pets:
Rate for Stay
IN CONSIDERATION of value paid and received and the mutual promises herein, the Altamont LLC, hereunder referred to as Landlord, of the subject property does hereby lease and rent to Tenant that certain property described above and under the following terms and conditions.
Check In/Check Out Times. Tenant agrees that check-in time is no earlier than %CheckInTime% and check-out time is no later than %CheckOutTime%. Landlord will use commercially reasonable efforts to have the Premises ready for Tenant’s occupancy at check-in time, but Landlord cannot guarantee the exact time of occupancy. This agreement does not create a tenancy or residence. Tenant must depart at the appropriate time. Failure to comply with these requests may result in deductions from Tenant’s security deposit. After all windows and doors are secured and Tenant’s party has vacated the premises keys reinserted into the lockbox.
No Smoking. There is no smoking throughout the building. Evidence of smoking in the unit will result in a $250 fee.
Pet Policy. Pets are only permitted in units designated as pet friendly. Landlord collects a $20 per night pet feet. Pets not disclosed in advance or in units other than the pet friendly units will result in a $250 fee.
Minimum Age. Landlord will not rent to vacationing students or persons under 25 years of age unless accompanied by an adult legal guardian or parent.
Noise. This is an old building and Tenant is asked to respect other guests by making sure that:
things are quiet by midnight (12:00AM),
no loud music,
do not slam doors.
Parties. Parties are strictly prohibited. Complaints may result in Tenant’s expedited eviction.
Lock Out. Backup keys are in the lockbox. Keys are meant to stay there in case of lockout. If Tenant is locked out and has removed keys from lock box a $200 fee will be charged to have someone let Tenant back into the unit.
Altamont Theatre. The music venue below has an agreement for a curfew. They generally end shows by 11:00. If Tenant or someone in Tenant’s party is an early riser then Landlord does recommend the third floor. By signing this Tenant acknowledges Tenant was notified.
Damage/Security Deposit. By signing this agreement Tenant are agreeing to accept charges to Tenant’s credit card in lieu of a security deposit. Charges will be made to Tenant’s card if:
Damage is done to unit or its contents, beyond normal wear and tear.
Charges are incurred due to contraband, pets or collection of rents or services rendered during the stay.
All debris, rubbish and discards not placed in waste baskets, and soiled dishes are placed in the dishwasher and cleaned.
All keys not left on the kitchen counter or in the lock box and unit is left locked.
Charges accrued during the stay (e.g. pay per view movies) not paid prior to departure.
Linens are lost or damaged.
The Tenant is evicted by the landlord (or representative of the owner) or the local law enforcement.
Payment. A credit card is required. Payment of the security deposit and the 50% of the rental fee and applicable taxes is due at the time of booking the reservation. The remaining 50% of the rental fee and applicable taxes is due fourteen (14) days prior to check-in. Landlord will use the credit card on file from the booking Tenant made on-line. If Tenant uses PayPal, there is a 3% service charge.
Cancellations. All cancellations must be in writing and are subject to a $50 administrative fee. A twenty-one (21) day notice is required for cancellation. Cancellations that are made more than twenty-one (21) days prior to the arrival date will incur no penalty beyond the administrative fee. Cancellations or changes that result in a shortened stay, that are made within twenty-one (21) days of the arrival date, forfeit fifty percent (50%) of the rental fee, up until 72 hours prior to check-in. Cancellations made within 72 hours prior to check-in will forfeit the entire rental fee, excepting cleaning fees. Early departure does not warrant any refund of rent. Upon cancellation Landlord will re-market property. If property is re-rented landlord will refund rent to tenant, not to exceed the amount received from the new rental. If property is not re-rented for the full time period of the canceled reservation monies paid will be prorated.
Disbursement of Rent and Third Party Fees. Tenant authorizes an advanced payment to landlord of up to up to fifty percent (50%) of the rent set forth above prior to Tenant’s occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, or a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant also authorizes landlord to disburse prior to Tenant’s occupancy of the Premises any fees owed to third parties for goods, services, or benefits procured by Landlord for the benefit of Tenant, including but not limited to any fees set forth herein payable to Landlord for reservation, transfer or cancellation of Tenant’s tenancy.
Trust Account. Any advance payment made by Tenant shall be deposited in a Trust Account with Paragon Bank located in Cary, NC. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to, the owner as it accrues and as often as is permitted by the terms of the account.
- Maximum Occupants. The maximum number of guests per unit is limited to %Rent.StdPersons% persons. An additional charge or $20.00 per person per night for guests in addition to %Rent.StdPersons% will be assessed.
No Daily Maid Service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate however is available at an additional rate. We do not permit towels or linens to be taken from the units.
Falsified Reservations. Any reservation obtained under false pretense will be subject to forfeiture of all payments, deposit and/or rental money, and the party will not be permitted to check-in.
Written Exceptions. Any exceptions to the above mentioned policies must be approved in writing in advance.
Parking. Off-street parking is currently available in the parking lots directly behind and beside the building on weekends. Please check rates on the sign posted at the entrance. Parking outside the stated hours may result in you vehicle being towed. You may park on the street on Sundays without charge. There are more private lots around the area. The garage under the Aloft hotel on Biltmore Avenue is a City garage.
Maintenance. Every effort is made to keep the home and its equipment in good working order. Please notify the Landlord of any difficulty you incur during your stay so repairs can be made. There will be no rebates given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities, construction in the area, or maintenance problems. Landlord or Landlord’s agent has the right to enter premises during tenancy to inspect and make repairs, with reasonable notice to Tenant. We strive to make repairs within 24 hours. Occasionally circumstances require a longer repair time. Please be patient.
Disputes. This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, and shall be treated as though it were executed in the County of Buncombe, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Buncombe County, North Carolina. You specifically consent to such jurisdiction and to extraterritorial service of process.
Expedited Eviction. A material breach of this Agreement by Tenant, which, in the sole determination of the Landlord, results in damage to the Premises, personal injury to Tenant or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of Tenant’s tenancy. If the tenancy created hereunder 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: (i) holds over in possession after Tenant’s tenancy has expired; (ii) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Tenant’s tenancy; (iii) fail to pay rent as required by this Agreement, or (iv) have obtained possession of the Premises by fraud or misrepresentation.
- Maintenance of Unit by Tenant. Tenant is to maintain the property in accordance with Section 42A-32 of the Vacation Rental Act, including, but not limited to, the following:
- Keep that part of the property which tenant occupies and uses as safe and clean as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that tenant uses.
- Dispose of all ashes, rubbish, garbage, and other waste as directed in the unit. Under no circumstances is trash to be left on porches, decks, or any other exterior location.
- Keep all plumbing fixtures in property or used by tenant as clean as their condition permits.
- Not deliberately or negligently destroy, deface, damage or remove any part of the property or render inoperable a smoke detector provided by the landlord or knowingly permit any person to do so.
- Comply with all obligations imposed upon tenant by current applicable building and housing codes.
- Be responsible for all damage, defacement, or removal of any property that is in tenant’s exclusive control unless the damage, defacement or removal was due to ordinary wear and tear, acts of the landlord or his agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces.
- Notify the Landlord in writing of the need or replacement of or repairs to a smoke detector, and replace the batteries as needed during tenancy.
Landlord duty to provide fit premises. If, at the time the Tenant is to begin occupancy of the property, the Landlord or agent cannot provide the property in a fit and habitable condition or substitute a reasonable comparable property in such condition, the landlord shall refund to the tenant all payments made by the Tenant Section 42A-31 of the VRA requires the landlord to:
- Comply with all current applicable building and housing codes.
- Make all repairs and do whatever is reasonably necessary to put and keep the property in a fit and habitable condition.
- Keep all common areas of the property in safe condition.
- Maintain in good working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by him upon written notification from the Tenant that repairs are needed.
- Provide operable smoke detectors, replace or repair the smoke detectors if the Landlord is notified by Tenant in writing that replacement or repair is needed, and annually place new batteries in a battery-operated smoke detector.
- Landlord shall conduct all activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant.
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 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 her or she has made.
- Within 10 days after transfer of property, grantee or grantee’s agent shall:
- Notify each Tenant in writing of the property transfer, the grantee’s name and address, and the date the grantee’s interest was recorded.
- Advice 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.
- Advise each Tenant of whether he or she has the 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, 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 the Tenant (and other fees owed to third parties not already lawfully disbursed) to the landlord’s successor-ininterest 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-ininterest has not agreed to honor the vacation rental, all advance rent paid by the Tenant must be transferred to the tenant within thirty 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 sixty days after the transfer. Cancellation by Owner Agent on behalf of owner of property, reserves the right to cancel agreement at any time prior to Tenant taking possession of the property. In such event, all payments made by Tenant to Agent will be refunded, and neither the management firm nor Landlord will be liable for any damages of any sort incurred by tenant as a result of such cancellation.
Mandatory Evacuation, 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 or local authorities, a prorated refund for each night that Tenant is unable to occupy the premises will be issued. If state road are open and Tenant chooses not to begin occupancy, no refunds will be given.
Entire Agreement and Severability. This Agreement is the entire agreement among the parties with respect to the subject matter hereof, and no representations or covenants, whether oral or written, have been made regarding the subject matter hereof except as provided herein. Every provision of this Agreement is intended to be severable, and if any term or provision hereof shall be declared illegal, invalid, or in conflict with North Carolina Law or the purposes of this Agreement for any reason whatsoever, or if the enforcement of any provision shall be waived, the validity of the remainder of this Agreement shall not be affected thereby.
Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify and hold harmless the 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 Landlord, or failure of Landlord to comply with the Vacation Rental Act. Tenant agrees that the Landlord or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, improvements or alterations thereto as Landlord may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Landlord.
Brian L. Lee
The Altamont LLC
I hereby agree to abide by the terms and acknowledge that I have authorized the funds below and for any damages and agree to pay as per the terms of my card holder agreement, with the credit card on file.
Signature:___________________________ Print Name:_______________________________ Date:____________