Below you will find useful information about our rental terms and conditions:
1. 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. This Lease is valid only when accepted by the Landlord, and may be terminated by the Landlord upon the default of any payments or other obligations of the Tenant, as outlined in this Lease.
2. OCCUPANCY/USE/CARE OF PROPERTY: The maximum number of persons allowed including children is indicated on the confirmation page. The tenant shall take possession of and use the Property only as a private residence for not more than the maximum number of persons. The tenant shall not allow the Property to be used for any business, professional or unlawful purposes. 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-four (24) 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. Tenant agrees to return premises to Landlord, on expiration of this lease, in as clean and good condition as reasonable use will permit and to repair, replace or pay for any breakage or damage to the property, furnishings, and equipment. Tenant is only responsible for breakage or damage done by Tenant and/or their guests. Smoking is prohibited on or in the properties.
3. ACCEPTANCE OF PROPERTY: 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 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.
4. NON-LIABILITY OF THE REALTOR: The Landlord and the Tenant understand and agree that Coldwell Banker James C. Otton Real Estate and their Agents are not Property Managers or Rental Managers for the Property. The Agents are acting merely as Rental Agents in this lease transaction. The Agents 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. Tenant understands that all Tenant payments are the property of the Landlord. Coldwell Banker James C. Otton Real Estate has no authority to return any Tenant payment without the consent of the Landlord. Coldwell Banker James C. Otton Real Estate and their agents shall not in any event be held liable to the Landlord or Tenant for their fulfillment or non-fulfillment of any terms of this lease.
5. AMENITIES, APPLIANCES, REPAIRS: Tenant shall furnish paper products, linens, towels, beach tags, and personal items. The list of the propertys amenities can be found on the Coldwell Banker James C. Otton Real Estate website, though no warranties are given as to its accuracy. Appliances, air conditioning, and amenities are not guaranteed and refunds will not be given due to breakdown. Repairs will be made by the owner as soon as possible.
6. DEFAULT: Any default by the Tenant under the terms and conditions of this lease, including but not limited to unpaid rent, shall result in the termination of this lease and the premises must be vacated immediately with no refund to the Tenant.
7. CANCELLATION: In the event the Tenant wishes to cancel this lease, the Tenant may do so only upon consent of the Landlord. The cancellation request MUST BE IN WRITING by the Tenant to Coldwell Banker James C. Otton Real Estate The Tenant understands that if the Tenant cancels this lease the Landlord has the right to demand the full payment of rent in accordance with the terms of this lease. In the event the Landlord does not release the Tenant from the continued obligation to pay rent or the Property is not re-rented at full price, the Landlord may demand that the Tenant continue to remain obligated to pay the rental amount. Tenant agrees that all monies paid shall be held by the Landlord, not Coldwell Banker James C. Otton Real Estate Landlords are liable for all monies received. All cancellations are subject to a 10% cancellation fee to Coldwell Banker James C. Otton Real Estate The Tenant shall not sublet the premises without written consent of the Landlord.
8. VISITATION PERMISSION: The Landlord or Agent shall have access to the Property during reasonable hours to make repairs or to show for sale or rent.
9. AGENCY DISLOSURE: Rental Agent, as listed on the top of the confirmation page, as an authorized agent of Coldwell Banker James C. Otton Real Estate is working in this transaction as a Landlords Agent Only.
10. COMMISSION: Owner agrees to pay Coldwell Banker James C. Otton Real Estate their prevailing rate of commission, as previously agreed to in the Rental Listing Agreement, on this lease and any renewals within two years of the lease expiration to the herein named Tenant, his relatives, heirs, and assigns. If the Tenant, his relatives, heirs or assigns should purchase the leased property, or a portion of the building thereof, within two years from the expiration of the tenancy, Owner agrees to pay Coldwell Banker James C. Otton Real Estate a commission at their then prevailing rate of the purchase price. Said commission shall be due and payable at the time of settlement.
11. 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 evacuations, or other events that would be considered Acts of God or that are out of the control of the Landlord. The Tenant may purchase travel insurance through an independent insurance agency to cover these events. If the Tenant chooses not to purchase travel insurance, the Tenant may be forfeiting their ability to receive a refund if any of the above events occur. Travel insurance is a way to protect your vacation investment and should be considered.
12. NONREFUNDABLE TENANT PROCESSING FEE AND COMPENSATION DISCLOSURE: The Tenant agrees to pay Coldwell Banker James C. Otton Real Estate the sum set forth in this Lease a nonrefundable 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 Coldwell Banker James C. Otton Real Estate in processing the rental application of the Tenant. The Landlord and the Tenant understand, acknowledge and agree that Coldwell Banker James C. Otton Real Estate represents the Landlord Only in this transaction, and the commission set forth above as well as the Tenant processing fee represent compensation from both parties to this transaction.
13. VACATION RENTAL DAMAGE PROTECTION (VRDPP): This lease offers a premium for VRDPP that insures you for unintentional and accidental damages you or your guests 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 $1,500. You will still be responsible for any damages above the policy limit, and for any damages not covered by the VRDPP. 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 the lesser of the cost of repairs or the Actual Cash Value of such property up to a maximum benefit of $1,500. Certain terms and conditions apply. Full details of the VRDPP are contained in the Description of Coverage or Insurance Policy, and can be found on-line at www.vacationrentalinsurance.com/g10vrd. By submitting payment for this plan, you authorize CSA Travel Protection and Insurance Services to pay directly to Coldwell Banker James C. Otton Real Estate any amount payable under the terms and conditions of the VRDPP. Please contact Coldwell Banker James C. Otton Real Estate if you do not wish to participate in this plan or assignment. If Tenant does not wish to participate in the VRDPP, Tenant MUST notify Coldwell Banker James C. Otton Real Estate PRIOR to signing this Lease. Tenant shall then be required to pay a Security Deposit equal to the amount of rent being charged under this lease or $1,500, whichever is less. Please refer to the Security Deposit Clause in this Lease for more details.
14. SECURITY DEPOSIT: Security Deposit, if applicable, will be held by Coldwell Banker James C. Otton Real Estate in a non-interest bearing account and returned to the Tenant in accordance with applicable state law UNLESS THE LANDLORD NOTIFIES Coldwell Banker James C. Otton Real Estate, WITHIN TEN (10) DAYS OF THE LEASE TERMINATION DATE, OF DAMAGES OR OTHER REASONS TO WITHHOLD DEPOSIT.
Always feel free to call your rental agent should you have additional questions. Our office phone number is 800-220-4004 in Stone Harbor and 800-355-9990 in Avalon.
WE LOOK FORWARD TO SEEING YOU ON THE SEVEN MILE BEACH!