Rental Agreement
SHORT-TERM RENTAL AGREEMENT
4 Whitman Lane Black Mountain, NC 28711 (Dogwood Treehouse)
IN CONSIDERATION OF the Lessor leasing certain premises to the Guest and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:
Leased Property
The Lessor agrees to rent to the Guest the property, municipally described as 4 Whitman Ln, Black Mountain, NC 28711, USA (the "Property"), for use as short-term, non-primary, residential premises only. The Property is more particularly described as follows: Private detached 2-bedroom home with 2 full bathrooms.
Neither the Property nor any part of the Property will be used at any time during the term of this Lease by the Guest as permanent housing or to carry on any business, profession, or trade of any kind.
Any children staying with the Guest will be supervised as appropriate and will not cause excessive noise or disturb any neighbors or other guests staying at the Property.
Maximum Guests
The Guest agrees that they will have no more than 6 people staying overnight in the Property without the prior written consent of the Lessor.
Visitors
Subject to the maximum number of guests set out in this Lease, and in compliance with maximum occupancy limits established in applicable fire codes, visitors will be permitted in the Property subject to the following rules: Up to 4 visitors are allowed at the home within the hours of 7 am and 11 pm. They are not permitted to stay the night. Should the Lessor consider that the visitors are causing a disturbance or are otherwise not in compliance with this Lease, the Lessor may ask the Guest to remove the visitors, or the Lessor may terminate this Lease as set out in the Termination for Breach clause at the Lessor's option.
Term
The term of the Lease commences at 4:00 PM on the Check-in Date and ends at 10:00 AM (the "Check-Out Time") on the Check-Out Date. As determined by the booking.
The Guest may not stay on the Property after the stated Check-Out Time under any circumstances. If the Guest stays after the stated Check-Out Time, the Guest will be charged a late penalty as follows: $50 per hour - rounded up.
Under no circumstances will the Guest be permitted to stay for any additional nights at the Property unless otherwise arranged with the Lessor or allowed in this Lease contract.
Property Rules and Amenities
The Guest may keep the following pets on the Property during the Term of the Lease: Up to 2 dogs that must each weigh less than 50 lbs. The Guest is responsible and liable for any damage caused by the pets to the Property or common areas and for any injury caused by the pets. If the pets cause excessive noise or otherwise disturb any neighbors or other guests staying at the Property, the Lessor may either revoke this privilege and require the Guest to remove the pets from the Property or immediately terminate the Lease, without reimbursement to the Guest, as set out in the Termination for Breach clause of this Lease. If the Guest fails to remove the pets from the Property after being requested to do so by the Lessor for the reasons outlined in this clause, the Lessor may immediately terminate the Lease, without reimbursement to the Guest, as set out in the Termination for Breach clause in this Lease.
Subject to the provisions of this Lease, the Guest is entitled to the use of parking on or about the Property as follows: Parking space in front of the home.
Internet will be provided at the Property for the Guest during the Term of the Lease. Notwithstanding, access to the internet is provided as a convenience to the Guest, and such access is not integral to this Lease. No refund or discount will be given in case the internet is not functioning.
The Guest will not smoke anywhere in the Property nor permit any visitors to smoke in the Property. Smoking is prohibited and will result in immediate eviction and a minimum charge of $500.
The Guest will not vape anywhere in the Property nor permit any visitors to vape in the Property.
The Lessor agrees to supply, and the Guest agrees to use and maintain in reasonable condition, normal wear, and tear excepted, all furnishings and amenities in the Property.
More specifically, the following furnishings and amenities will be provided to the Guest: the property is furnished with king and queen beds, dressers, and nightstands in each bedroom. The kitchen is fully stocked with dishes and appliances for the Guest's use, including a fridge, stove, coffee machine, kettle, toaster, and microwave. The Guest is also free to use the provided coffee, tea, and condiments. The den has a couch, recliner chair, smart TV, and coffee table. The Guest can use the hot tub in the side yard. All linens and basic toiletries are provided. The Guest may use the air conditioner/heat and the wood-burning fireplace but must turn them off/adjust before they leave the house for any extended period.
Rent
The Guest will pay the Rent through the associated rental platform, as set out on the rental platform.
Guest Access
The Guest will access the Property as follows: Access to the property will be provided by a smart-lock system utilizing a code that will be provided via email before arrival.
Security Deposit
Upon the signing of this Lease, the Guest will provide the Lessor with a security deposit of $250.00 (the "Security Deposit") in the form of a pre-authorization 1 day before the Check-In Date. The pre-authorization will be released 7 days after the Check-Out Date.
During the Term of this Lease or after its termination, the Lessor may charge the Guest or make deductions from the Security Deposit for any or all of the following:
Repainting is required to repair the results of any other improper use or excessive damage by the Guest.
Unclogging toilets, sinks, and drains.
Replacing damaged or missing doors, windows, screens, mirrors, or light fixtures.
Repair cuts, burns, or water damage to linoleum, rugs, and other areas.
Any other repairs or cleaning due to any damage beyond normal wear and tear caused or permitted by the Guest or by any person whom the Guest is responsible for.
The cost of extermination where the Guest or the Guest's guests have brought or allowed insects into the Property or building.
Repairs and replacement are required where windows are left open which have caused plumbing to freeze, rain, or water damage to floors or walls; and
Any other purpose allowed under this Lease or the Act.
Any late fees incurred by the Guest will be deducted from the Security Deposit or recovered by any other legal means if the Security Deposit is insufficient to cover such fees.
Should the Guest cause any damages to the Property over the amount of the Security Deposit, the Lessor may attempt to recover the excess amount through any legal recourse available.
Within the lesser of 7 days after the termination of this tenancy and any period required by the Act, the Lessor will release the pre-authorization of the Security Deposit, less any proper deductions or with further demand for payment.
Pet Fee
Upon the signing of this Lease, the Guest will pay the Lessor a non-refundable pet fee of $125.00 (the "Pet Fee").
Termination for Breach
The Lessor may terminate the Lease immediately and without notice if the Guest violates or breaches any term of this Lease. Upon the Guest’s breach, the Lessor may require the Guest to vacate the Property, which the Guest must do immediately upon request. No rental costs will be reimbursed, and the Guest will be responsible for the payment of the entire Term of the Lease as stated in this Lease agreement.
Early Termination of Lease by Guest
The Guest may not terminate this Lease before the stated Check-Out Time. If the Guest leaves the Property before the Check-Out Time, the Guest is still responsible for the payment of the entire Term of the Lease as stated in this Lease agreement.
Lessor Access
The Lessor may enter the Property at any time in the case of an emergency to protect the Property. In cases of non-emergency, the Lessor may enter the Property upon reasonable notice to the Guest, at a reasonable time, and in compliance with the Act, to complete repairs, maintenance, or improvements, or to inspect the Property. The Guest shall not unreasonably withhold consent for the Lessor to enter the Property for the stated purposes. The Lessor shall not abuse the rights of access, harass the Guest, or otherwise infringe on the Guest’s right to quiet enjoyment of the Property during the Term.
Quiet Enjoyment
The Lessor covenants that on paying the Rent and performing the covenants contained in this Lease, the Guest will peacefully and quietly have, hold, and enjoy the Property for the agreed Term of the Lease, subject to any early termination as provided in this Lease.
Inspections
The Guest acknowledges that the Guest inspected the Property, including the appliances, furnishings, grounds, and all buildings and improvements, and that they are, at the time of the execution of this Lease, in good order, good repair, safe, clean, and tenantable condition.
Guest Improvements
The Guest may not make any improvements, alterations, or constructions to the Property. Improvements, alterations, and constructions include but are not limited to the following:
Applying adhesive materials or inserting nails or hooks in walls or ceilings.
Painting, wallpapering, redecorating, or in any way significantly altering the appearance of the Property.
Removing or adding walls or performing any structural alterations.
Changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units.
Placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice, or sign for advertising or any other purpose.
Affixing to or erecting upon or near the Property any radio or TV antenna or tower.
Utilities and Maintenance
All utilities and maintenance concerning the Property are included in the Rent and will be paid by the Lessor, except as otherwise provided in this Lease.
Notwithstanding any other term in this contract, the Guest will, at its sole expense, keep and maintain the Property and appurtenances in good and sanitary condition and repair during the Term of the Lease.
The Guest will leave the Property at the end of the Term in the same condition it was found at the beginning of the Term. If the Guest leaves the Property in a state that requires additional maintenance and repair, the Guest agrees to pay for the costs of returning the Property to the condition it was found before the Guest's stay.
Any major maintenance or repair of the Property that is not due to the Guest's misuse, waste, or neglect or that of the Guest's employee, family, agent, or visitor will be the responsibility of the Lessor and at the cost of the Lessor.
Cleaning Fees
In addition to the Rent, the Guest will be charged a cleaning fee of $150.00 (the “Cleaning Fee”) that will be due at the same time and in the same manner as the Rent. The Cleaning Fee will be used to cover the reasonable costs of the regular cleaning of the property required to put the Property back to the same condition it was in before the Guest’s stay. These regular costs do not include any excessive cleaning costs.
If the Property requires excessive cleaning, that is, above and beyond the regular cleaning generally required to return the Property to the state it was in before the Guest’s stay, due to any cause, such as from a party or large gathering, the Guest shall be charged for such excessive cleaning at a reasonable rate, which may be deducted from the Security Deposit and/or recovered from the Guest by any legal means.
Rental Rules
The Guest shall abide by the quiet hours applicable to the Property, which are from 11:00 p.m. to 7:00 a.m. The Guest must not make any unreasonable amount of noise that may disturb other tenants or neighbors during these quiet hours. If the Guest fails to comply with these quiet hours, the Lessor may terminate the contract for breach as set out in the Termination for Breach clause of this Contract.
The Guest agrees that they will not use the Property to host any parties (10+ guests), large gatherings, or events that will disturb other tenants or neighbors of the Property; that will violate the quiet hours stated in this Lease; or that will violate the maximum occupancy limits as stated in this Lease. Should the Lessor reasonably determine that the Guest has violated this clause by hosting a party, large gathering, or event, the Lessor may terminate the Lease as set out in the Termination for Breach clause of this Lease.
Trash
All trash must be bagged for city pickup.
Trash is picked up on Tuesday morning. Please place bagged trash in the container within the shed beside the parking pad.
Pets
We are happy to welcome your four-legged family members! Please help us continue this tradition by ensuring your pets follow the “Rover Rules”.
Please do not allow pets on furniture.
Report any pet damages so we can address them before the next guest arrives.
Clean up after your pet when walking in the neighborhood. Waste bags are provided to help keep Cheshire beautiful.
A pet crate has been provided in the basement closet. Perfect for pets prone to chewing, digging, scratching, or going to the bathroom in the house. Especially while guests are away from the home.
When wiping paws, please avoid using house linens, especially white or light-colored ones.
Buncombe County and the City of Black Mountain have strict leash laws. Please do not allow pets to roam freely.
Check-out Procedure (10 AM on Departure Day)
Please leave the home neat and orderly before departure.
Check for all personal belongings (chargers, clothing, items under beds, etc.).
Empty all personal food from the refrigerator and cabinets.
Wash and put away dishes, or load the dishwasher and start the cycle.
Gather used bedsheets and towels.
Ensure trash is properly bagged and disposed of.
Set the thermostat to:
55°F in cooler months
80°F in warmer months
Hot Tub
Children under the age of 6 are not allowed to use the hot tub.
Guests are prohibited from using the hot tub after 11 pm and before 7 am to avoid disturbing the neighbors. Guests who do so may have their rental terminated.
No glass containers or food are allowed in the hot tub.
Shower before using the hot tub.
Limit alcohol use while using the hot tub.
No jumping or diving into the hot tub.
Keep the cover on when not in use.
Grills
The use of any grill other than the gas grill provided by the Owner is prohibited.
Firearms
The discharge of firearms is prohibited.
Smoking
Smoking is prohibited and will result in immediate eviction and a minimum charge of $500.
Additional Fees
If any additional fees are charged during the Lease, or any amounts remain unpaid after the Term of the Lease, the outstanding amount must be paid to the Lessor within 7 days after check-out, in the method and at the location required by the Lessor.
Cancellation
If the Lessor cancels the booking any time before the Check-In Time, for any reason and through no fault of the Guest, the Guest will receive a full refund of all amounts paid, and the Guest will release the Lessor from any claims against the Lessor.
Upon execution of this Lease, the Guest agrees to be bound by the following cancellation policy: If the Guest cancels the booking, the following schedule determines the refund, based on which booking platform was used:
AIRBNB
Full refund if canceled more than 14 days before the start of the Term.
50% refund if canceled more than 7 days before the start of the Term.
No refund if canceled less than 7 days before the Term.
VRBO
Full refund if canceled more than 8 days before the start of the Term.
50% refund if canceled more than 4 days before the start of the Term.
No refund if canceled less than 4 days before the Term.
BOOKING.COM
Full refund if canceled more than 5 days before the start of the Term.
No refund if canceled less than 5 days before the Term.
DIRECT BOOKING (Website, Lodgify, etc.)
Full refund if canceled more than 10 days before the start of the Term.
50% refund if canceled more than 7 days before the start of the Term.
No refund if canceled less than 7 days before the Term.
Insurance
The Guest is hereby advised and understands that the personal property of the Guest is not insured by the Lessor for either damage or loss, and the Lessor assumes no liability for any such loss.
Lessor Liability
The Guest agrees to indemnify and hold harmless the Lessor and the owner of the Property where different from the Lessor for any claims of property damage and personal injury to the Guest or their visitors from any cause arising from the use of the Property.
The Guest is responsible for any person or persons who are upon or occupying the Property or any other part of the Lessor's premises at the request of the Guest, either express or implied, whether to visit the Guest, make deliveries, repairs or attending upon the Property for any other reason. Without limiting the generality of the foregoing, the Guest is responsible for all members of the Guest's family, visitors, servants, tradesmen, repairmen, employees, agents, invitees, or other similar persons.
Attorney Fees
If any action is filed concerning this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party's attorney fees.
Governing Law
This Lease will be construed by and exclusively governed by the laws of the State of North Carolina (the "Act").
Severability
If there is a conflict between any provision of this Lease and the Act, the Act will prevail, and such provisions of the Lease will be amended or deleted as necessary to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.
The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease. Such other provisions remain in full force and effect.
Amendment of Lease
This Lease may only be amended or modified by a written document executed by the Parties.
Assignment and Subletting
The Guest will not assign this Lease, nor sublet or grant any concession or license to use the Property or any part of the Property without the prior written consent of the Lessor. A consent by the Lessor to one assignment, subletting, concession, or license will not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. Any assignment, subletting, concession, or license, without the prior written consent of the Lessor, or an assignment or subletting by operation of law, will be void and will, at the Lessor's option, terminate this Lease.
Additional Clauses
Trip Insurance is not included with the booking or as part of this Rental Agreement. The Lessor highly recommends the Booking Guest to purchase separate Trip Insurance. Guest realizes they may forfeit all or a portion of their charges if the reservation is canceled without Insurance outside of their refund window.
Damages/Accidents to Rental Unit. Guest agrees to notify the Rental Agent immediately as to any damages or accidents that occur to the premises, to both real property and personal property during your rental period. If the Homeowner determines that no intentional wanton or willful misconduct was done, the Homeowner will repair/replace as needed up to $500. Any damage or accident that exceeds $500 will be the responsibility of the Guest, regardless of intent. DAMAGES MUST BE REPORTED IMMEDIATELY BEFORE CHECK-OUT TO REPAIR/REPLACE SAID DAMAGES. OTHERWISE, ALL DAMAGE COSTS WILL BE THE RESPONSIBILITY OF THE GUEST. PET DAMAGE IS THE RESPONSIBILITY OF THE GUEST.
Guest agrees to be responsible for any damages to the Premises during the period of occupancy, including damages to the furnishings and household items that result from the action or inaction of the Tenant, excluding, however, normal wear and tear. The purpose of the damage/cleaning deposit is to protect the dwelling contents from malicious or negligent damages and/or the dwelling being left abnormally dirty, resulting in excessive cleaning costs (i.e., carpet/furniture stains, incomplete check-out duties, etc.).
Unauthorized Use of Premises – If, in the sole discretion of the Homeowner, the Guest becomes objectionable or violates any terms of this agreement, the Tenant may be evicted without refund. Any group renting the Premises under false pretenses will be evicted without a refund. In the event, that a group exceeds the maximum number of people or in the event people are occupying the Premises other than those authorized, they will be required to vacate the unit without refund.
The homeowner will not be held responsible for noise or loss of view due to construction or for any amenities that are closed down for maintenance purposes or inoperable conditions.
Guests use the hot tub entirely at their own risk. The Guest or any person in the Guest’s party should not use the tub for more than 15 minutes at a time. Children under the age of 6 years are not permitted to use the tub. Guests are not permitted to use the hot tub after 11 pm or before 7 am so as not to cause a nuisance to neighbors. Guests doing so may have their rental terminated.
Use of the hot tub carries risks that may result in serious injury or death, and unsupervised use by children and minors is prohibited. Elderly persons, pregnant ladies, infants, and anyone subject to heart disease, diabetes, low or high blood pressure, strokes, epilepsy, allergies, or similar conditions should not enter a hot tub without first consulting a physician. It is prohibited to use the hot tub while under the influence of alcohol or medication. If you are taking medication of any kind or being treated for any illness, consult your physician before using the hot tub. For your safety, the hot tub should be kept at a temperature never above 104 degrees. An adult must always supervise children under age 15.
The tenant hereby assumes full responsibility for the risk of bodily injury, allergic reactions, infections, or any other illnesses or ailments and death or property damage due to the use of the hot tub. The responsibility is assumed in respect of himself/herself and all guests, children, and family who are permitted to use the hot tub by the Guest.
The tenant further expressly agrees that the foregoing release waiver and indemnity agreement is intended to be as broad and inclusive as permitted by law and that if any provision is held invalid, it is agreed that the balance shall notwithstanding continue in full legal force and effect.
Any dispute, controversy, or claim arising out of or related to this agreement, or the interpretation of this agreement shall be settled by mediation and then arbitration per the rules of the American Arbitration Association if mediation does not provide resolution.
Guest agrees to indemnify and hold harmless Homeowner from and against any liability for personal injury or property damage sustained by any person (including Guest’s guests) because of any cause, unless caused by the negligence or willful act of Agent or Owner, or the failure of Agent or Owner to comply with the North Carolina Vacation Rental Act. Tenant agrees that Agent, Owner, or their representative may enter the Premises to inspect the Premises, to make such repairs, alterations, or improvements thereto as Agent and Homeowner deem appropriate, or to show the Premises to prospective purchasers or tenants.
Mandatory Evacuation - If State or local authorities order a mandatory evacuation of an area that includes the Premises, the Tenant shall comply with the order. Upon compliance, the Guest will be entitled to the prorated rent for each night that the Guest is unable to occupy the Premises because of the order.
Damage to Property
The Lessor will provide and keep the Property in a habitable and safe condition during the Term of the Lease. If the Property should be damaged other than by the Guest's negligence or willful act or that of the Guest's employee, family, agent, or visitor and the Lessor decides not to rebuild or repair the Property, the Lessor may end this Lease by giving appropriate notice.
Care and Use of Property
The Guest will promptly notify the Lessor of any damage or of any situation that may significantly interfere with the normal use of the Property or any furnishings supplied by the Lessor.
The Guest will not engage in any illegal trade or activity on or about the Property.
The Parties will comply with standards of health, sanitation, fire, housing, and safety as required by law.
The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Guest will promptly notify the Lessor in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Guest. The Lessor will promptly respond to any such written notices from the Guest.
At the expiration of the Term of this Lease, the Guest will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use, and wear and tear excepted.
Prohibited Activities and Materials
The Guest will not keep or have on the Property any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Property or that might be considered hazardous by any responsible insurance company.
The Guest will not perform any activity on the Property or have on the property any article or thing that the Lessor's insurance company considers increases any insured risk such that the insurance company denies coverage or increases the insurance premium.
The Guest will not perform any activity on the Property that the Lessor feels significantly increases the use of electricity, heat, water, sewer, or other utilities on the Property.
Rules and Regulations
The Guest will obey all rules and regulations of the Lessor and any applicable condominium or homeowners' association rules and regulations regarding the Property.
Mediation and Arbitration
If any dispute relating to this Lease between the Parties is not resolved through informal discussion within 14 days from the date a dispute arises, the Parties agree to submit the issue first before a non-binding mediator and to an arbitrator if mediation fails. The decision of the arbitrator will be binding on the Parties. Any mediator or arbitrator must be a neutral party acceptable to both Parties. The cost of any mediations or arbitrations will be paid by the Guest.
A notice given in respect to this Lease will be deemed delivered when hand-delivered to the Party or the Party's agent or, if mailed, when mailed by certified mail, postage prepaid, to the Party's address as stated in this Lease or later agreed upon, on the date shown on the postmark of the envelope in which such notice is mailed.
General Provisions
All monetary amounts stated or referred to in this Lease are based in the United States dollar.
Any waiver by the Lessor of any failure by the Guest to perform or observe the provisions of this Lease will not operate as a waiver of the Lessor's rights under this Lease in respect of any subsequent defaults, breaches, or non-performance and will not defeat or affect in any way the Lessor's rights in respect of any subsequent default or breach.
This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assigns of each Party. All covenants are to be construed as conditions of this Lease.
All sums payable by the Guest to the Lessor according to any provision of this Lease will be deemed to be additional rent and will be recovered by the Lessor as rental arrears.
Where more than one Guest is executing this Lease, all Guests are jointly and severally liable for each other's acts, omissions, and liabilities according to this Lease.
The Guest will not tamper with locks, security systems, fire alarms, smoke detectors, carbon monoxide detectors, and the like. If any issues with the above occur, the Guest is to immediately contact the Lessor.
Any items left behind belonging to the Guest will be held by the Lessor for 30 days, after which the Lessor may dispose of the items without incurring any liability for such disposal. The Lessor will make all reasonable efforts to contact the Guest regarding the items as soon as the items are found by the Lessor. The Guest will be responsible for any costs arising from the disposal, holding, and return of the items.
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
This Lease and the Guest's leasehold interest under this Lease are and will be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the Property by the Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and all renewals or extensions of such liens or encumbrances.
This Lease may be executed in counterparts.
This Lease constitutes the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either Party except to the extent incorporated in this Lease.