24.LEASE TERMS AND CONDITIONS
1. PETS:
PETS are NOT PERMITTED on or in the leased premises, unless approved in writing by the Landlord. In the event that a pet is discovered in violation of this rental agreement, the Tenant must
vacate with no refund forthcoming.
2. NON-SMOKING PROPERTY:
If the Landlord, cleaning service or inspection staff detects evidence of smoking in or on the premises, the entire cost of cleaning plus a $250 deodorizing fee will be charged to the Tenant and be payable upon receipt, via online payment or by check.
3. PAYMENT TERMS:
a. PAYMENTS DUE: All payments are due in our office by the dates indicated above via online portal, in-person, or by mail. Final payments are due in our office NO LATER THAN 30 DAYS PRIOR TO CHECK-IN. Reservations booked less than 30 days prior to check-in must be paid in full at time of booking via the Online Payment Service or with certified funds sent overnight delivery to our office. We cannot accept any personal checks for any payment due/paid less than 30 days prior to check-in.
b. ONLINE PAYMENT SERVICE: BHHS Fox & Roach Realtors offers, through a third party vendor, the ability for the Tenant to make payments via Online. Through the online portal, Tenant may pay using MasterCard, Visa, Discover, debit card and eChecks, Tenant can access the payment portal using the link located on our FoxRoachShore.com website. Tenant understands that the online payment vendor, not the Broker, charges a fee for their services which they add to the payment being made at that time.
c. MAILING & IN PERSON PAYMENTS: Tenants may also submit payment in the form of personal check, money order, or cash. Any payments made using a personal check must be received in our office NO LATER THAN 30 DAYS PRIOR TO CHECK-IN to be accepted. Any payments made after 30 days prior to check-in are to be paid in some form of certified funds (money order, bank check, cash, or through the online portal). d. RETURNED CHECKS: There will be a $35 fee charged to the Tenant for any check returned by the bank for NSF (insufficient funds), which must be paid before the Tenant can check-in.
e. CREDIT CARD CHARGE BACKS: Tenant will be responsible for all charges and attorney’s fees for collecting payments from Tenant directly should Tenant cancel a previously approved credit card charge without prior authorization from both the Landlord and the Broker.
f. ADVANCE RENTAL PAYMENTS: Tenant understands that all rental payments are “rent paid in advance” and not deposits. Tenant further understands that all monies paid as rent will be disbursed in a timely manner either to the Landlord, or to Broker for commission and fees, and will NOT be retained in our trust account.
4. CANCELLATION POLICY:
a. Prior to Receipt of Fully Executed Leases - All requests to cancel a rental reservation must be made in writing, via fax or email to your renting agent. If we receive a request to cancel your rental reservation prior to our receiving the fully executed copy of the lease from the Landlord, we will cancel the reservation and return rental monies paid, less the non-refundable Processing Fee.
b. After Receipt of Fully Executed Leases - If you must cancel your reservation after we have received the fully signed lease from the Landlord, you must notify us in writing via fax, mail or email, with your request to cancel. We will attempt to re-rent the property, but no refund will be given and you will continue to be responsible for the full amount of the rental under the terms, conditions, and due dates of this agreement, unless and until the property is re-rented at no loss to the Landlord. If you have purchased Travel Insurance (see #5 Travel Insurance for details), please refer to your policy for instructions.
c. If the Property is Re-Rented at NO Loss to the Landlord: then the total of any rent consideration paid to Broker will be returned to the Tenant, less a 15% cancellation fee, if and when the monies are paid by the Landlord to the Broker. Please note that the Processing Fee is non-refundable.
5. TRAVEL INSURANCE:
Refunds will NOT be given for cancellations or occupancy delays due to deaths in the family, medical emergencies, travel cancellations or delays, weather-related events or evacuation, loss of job or other events that would be considered acts of God or that are beyond the control of the Landlord. The Tenant may purchase TRAVEL INSURANCE as outlined below or via our website link to CSA Travel Protection and Insurance Services. Travel Insurance is HIGHLY RECOMMENDED and should be considered. You are a valued guest and we want to do everything possible to make your trip enjoyable and worry free. Guest Protect Rental Insurance reimburses for prepaid non-refundable expenses due to certain unforeseeable circumstances that may result in the cancellation or interruption of your vacation plans. Coverage is also provided for losses due to Travel Delays, Medical/Dental expenses, Emergency Medical Transportation, Travel Accident and Rental Car Damage. You may contact CSA Customer Service Department at (866) 999-4018, give them our producer code FTRIDENT, to purchase or click on the following link: www.vacationrentalinsurance.com/FTRIDENT
6. VACATION RENTAL DAMAGE PROTECTION (VRDP):
This lease includes a premium for the VRDP that insures you for unintentional and accidental damages you may cause to the rental property during your stay, provided such damage is disclosed and reported to your Rental Agent prior to check-out. The Policy will pay a maximum benefit of $3,000. You will still be responsible for any damages above the policy limit, and for any damages not covered by the VRDP. If during your stay an Insured Person causes any damage covered to real or personal property as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of the repair or replacement of such property up to a maximum benefit of $3,000. Certain terms and conditions apply.
Full details of the VRDP are contained in the Certificate of Insurance or Insurance Policy and can be found online at www.vacationrentalinsurance.com/g20vrd. The plan cost includes the insurance premium and assistance services fee. Insurance coverages are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231, for the operating name used in certain states, and other important information about the Travel Insurance & Assistance Services Plan, please see important disclosures at Important Disclosures.
By submitting payment for this plan, you authorize Generali U.S. Branch, New York, NY; NAIC # 11231Travel Protection and Insurance Services to pay directly to BHHS Fox & Roach any amount payable under the terms and conditions of the VRDP. Please contact your Rental Agent if you do not wish to participate in this plan or assignment.
If Tenant does not wish to participate in the VRDP, Tenant MUST notify the Rental Agent PRIOR to signing this lease. Tenants shall then be required to pay a Security Deposit equal to the amount of rent or $3,000, whichever is less. Please refer to the Security Deposit Clause in this Lease for more details.
7. NONREFUNDABLE TENANT PROCESSING FEE AND COMPENSATION DISCLOSURE:
The Tenant agrees to pay BHHS Fox & Roach Realtors the sum set forth above as a nonrefundable tenant processing fee. This payment shall be made upon the signing of this lease agreement. The Tenant agrees that this processing fee is totally nonrefundable and represents the efforts of BHHS Fox & Roach Realtors in processing the rental application of the Tenant. The Landlord and the Tenant understand, acknowledge and agree that BHHS Fox & Roach Realtors represents the Landlord only in this rental transaction and the commission set forth in the Commission Paragraph as well as the Tenant Processing Fee represents compensation from both parties to this transaction.
8. DECLARATION OF LICENSEE BUSINESS RELATIONSHIP:
BHHS Fox & Roach, REALTORS , as an authorized representative of BHHS Fox & Roach Realtors is working in this transaction as a Landlord's Agent only.
9. COMMISSION:
Landlord agrees to pay BHHS Fox & Roach Realtors a commission on this lease and any renewals within two years of a lease expiration to the herein named Tenant, his relatives, heirs and assigns. If the Tenant, his relative, heirs or assigns should purchase the leased premises, or a portion of the building thereof, within two years from the expiration of the tenancy, Owner agrees to pay BHHS Fox & Roach Realtors a commission of 6% of the purchase price. Said commission shall be due and payable at the time of settlement.
10. NON LIABILITY OF THE LANDLORD OR RENTAL AGENT:
The Landlord and the Tenant understand and agree that the Rental Agent is not a property manager or rental manager for the Property. The Rental Agent is acting merely as a rental agent in this lease transaction. The Rental Agent shall not be liable for any claims, demands, damages or costs in any manner relating either to alleged defects or problems with the Property or to any other circumstances surrounding the rental. In the event the Rental Agent has made a payment to the Landlord which the Tenant withdraws or otherwise cancels such that the Rental Agent never receives the funds, the Landlord agrees to reimburse the Rental Agent for any such funds. This agreement is entered into based upon Tenant's independent knowledge of the Property or the representations specifically contained in this Agreement and not or any representations made by the Landlord or its agents.
11. MEGAN'S LAW:
Under New Jersey Law, the county prosecutor determines whether and how to provide notice of the presence of convicted sex offenders in an area. In their professional capacity, real estate licensees are not entitled to notification by the county prosecutor under Megan's Law and are unable to obtain such information for you.
12. NEARBY CONSTRUCTION:
Since neither the Landlord or BHHS Fox & Roach Realtors or its agents can predict or control where or when construction may take place, the Tenant agrees that the Landlord, nor the Broker/Agent are responsible for any problems encountered as a result of nearby construction and there will be NO REBATES, REFUNDS, OR DISCOUNTS given for construction activities of any kind occurring near or adjacent to the property.
13. OWNER RESPONSIBILITIES and RENTABILITY:
By confirming acceptance of the Lease Agreement, Landlord certifies 1) that the property is in compliance with and conforms to all applicable ordinances and codes of the Borough, County and/or State, 2) a current license and municipal inspection have been obtained for the property, and 3) that the property includes all the amenities/features and bedding sizes as provided to us by the Landlord, see first page for a list of the amenities/features. If said leased premises are destroyed by fire or acts of God so as to be unfit for occupancy, either prior to or during the term of the lease, the Owner shall return an equitable prorated share of any rents that may have been paid in advance. The lease shall not terminate as a result of cosmetic defects or inoperable non essential appliances or as a result of off site conditions beyond the control of the Landlord.
14. ACCESS TO PROPERTY:
The Landlord or Broker/Agent shall have access to the property during daylight hours to make repairs or to show the Unit for Sale or Rent.
15. END OF TERM and SECURITY DEPOSIT:
The Tenant agrees to return the Property to the Landlord at the expiration of this lease in as clean as good condition as it was at the beginning of the lease term, except for normal wear caused by reasonable use. In addition, the Tenant agrees to repair, replace or pay for any breakage or damage to the Property, furnishings and equipment, and the Tenant authorizes deduction for these expenses, or any other amounts due from the Tenant, from the Security Deposit. All Security Deposits will be held in a non-interest bearing account. The Landlord shall have three (3) days from the completion of the tenancy to object in writing to the Rental Agent to the return of the security deposit to the Tenant and sixty (60) days from completion of tenancy in which to object to the return of the utility deposit. Failure to object within the time period(s) will result in an automatic return of the security deposit or utility deposit to the tenant. The Landlord is solely responsible for monitoring the condition of the Property and advising the Rental Agent in writing as to the disposition of the Security Deposit within the time period required. If damage, excessive utility bills, or other unpaid amounts have resulted from the actions of the Tenant, the Tenant is liable for said amounts, in full, and any appropriate amount will be deducted from the Security Deposit upon request of the Landlord. Any remaining balance will be refunded to the Tenant. The Tenant must notify Rental Agent in writing upon taking possession of the property of any damage to the Property at the time of check-in. Reports received at check-out of damage existing at the Property at time of check-in will not be considered valid.
16. TRASH and RECYCLING:
All the New Jersey coastal communities recycle their trash by law and the Tenant is required to separate their trash into the proper containers provided by the Landlord. Some communities have curbside pick-up of trash and recyclables, while others have rear yard/alley way pick-up. At check-in you will be provided with specific instructions and schedule for trash pick-up at your rental location. Failure to separate recyclables and placing containers out for the scheduled pick-up may result in a fine by the Borough or an Incidental Charge to the Tenant.
17. AMENITIES, FEATURES, MAINTENANCE and REPAIRS:
A list of the properties amenities and features are listed on page 1 of this Lease Agreement, though no warranties are given as to its accuracy. Sheets, Towels, Paper/Cleaning/Personal items and Beach Tags are NOT included and is the responsibility of the Tenant to supply their own, unless otherwise stated in this Agreement. Rental properties are owned and Maintained by individual Owners/Landlords and every reasonable effort is made by the Landlord to keep each property and its equipment in good working order.
It is the Tenants responsibility to NOTIFY THE BROKER AND/OR AGENT OF ANY DIFFICULTY THEY MAY ENCOUNTER UPON CHECK-IN OR DURING THEIR STAY so the Landlord may be notified. Appliances, air conditioning and amenities/features are NOT GUARANTEED and REFUNDS WILL NOT BE GIVEN DUE TO BREAKDOWN. Repairs will be made by the Landlord as soon as possible.
18. CHECK-OUT TIME and TENANT RESPONSIBILITIES:
Check-out time is 10:00 am and is strictly enforced. Please return all keys to our office. All rental properties are equipped and furnished to the Owner’s taste, and are set up for light housekeeping. Mattress pads, pillows, comforters, and cooking/dining utensils are provided. Tenants are to supply their own paper products, cleaning products, sheets, towels, and beach tags, unless otherwise specified. DEPARTING TENANT IS RESPONSIBLE FOR LEAVING THE UNIT IN “CLEAN AND GOOD CONDITION” BY COMPLETING THE FOLLOWING: Return all furniture to original positions, sweep/vacuum all floors, wash and put away all dishes, empty the dishwasher, empty the refrigerator, remake the beds after removing your personal bedding, take out the trash & recyclables and place in the property outside containers, check all rooms/cabinets/closets/under furniture for any personal items, close and lock all windows and doors. Return all of the keys that BHHS Fox & Roach provided you to the office. If there were any extra keys or storage/shower/garage keys already in the unit, they are to be left in the unit. Remotes for TVs, garage, stereos, cable, and all other supplies provided for your use during your stay are to be left in the rooms/locations that you found them. Failure to leave the unit in a Clean and Good Condition may result in an additional charge to the Tenant. Brokers, Agents, Landlords and their staff are not responsible for items left behind. Tenants are responsible for paying all shipping and handling charges for any items left behind.
19. DEFAULT:
Any default by the Tenant under the terms and conditions of this lease, including but not limited to, late or unpaid rent, shall result in the termination of the lease and the premises must be vacated immediately with no refund to the Tenant.
20. RENTAL:
The Tenant agrees to rent from the Landlord and the Landlord agrees to lease to the Tenant the Property. Landlord and Tenant understand and agree that the Property is a vacation rental. The tenant is a transient guest or seasonal tenant. The New Jersey Anti Eviction act does not apply to this rental. The Tenant shall take possession of and use the Property only as a private residence for not more than the maximum number of persons as indicated above. House trailers and recreational vehicles are not permitted on the Property. There shall be no alterations of the Property and no fixtures, appliances or air conditioners shall be installed without the written consent of the Landlord. The Tenant affirms that he/she is over twenty-five (25) years of age and minors will not occupy the property unless an adult is present. Unreasonable noise or disturbance by the Tenant may result in eviction. The Tenant shall not sublet the premises without written consent by the owner.
21. SIGHT UNSEEN RENTALS:
Opinions as to the condition of the Property vary from individual to individual and are very subjective. If the Tenant has not personally viewed or inspected the Property, the Tenant shall not rely on any opinion expressed by a third party, including the Rental Agent or the Landlord. The tenant bears the sole risk of renting the Property sight unseen and in not being satisfied with the condition of the Property at the time of check in. It is highly recommended that the Tenant personally inspect the Property before signing this Lease. The Tenant has not been promised anything as to the condition of the Property unless stated in this lease. The property is rented "as is".
22. ACCEPTANCE:
This lease must be signed and returned with the Initial Payment by the date indicated. This Contract may be executed in any number of counterparts, including counterparts transmitted by Email, Electronic Signature (DocuSign) or FAX, any one of which shall constitute an original of this Contract. When counterparts or facsimile copies have been executed by all Signature parties, they shall have the same effect as if the signatures to each counterpart or copy were upon the same document and copies of such documents shall be deemed valid as originals. The parties agree that all such signatures may be transferred to a single document upon the request of any party. Reservations cannot be guaranteed until the Initial Payment is received and lease is fully executed. This agreement is subject to the approval and written acceptance of the Landlord and may be terminated by the Landlord upon default of any payments or other obligations of the Tenant as outlined in this Lease.
