*We require a copy of your Photo ID. Please attach your scanned copy of your photo ID to this rental agreement (at the bottom of this form) or email it to rentalsontheocean@outlook.com or fax it to (252) 441-0732. To complete your Rental Agreement, please fill in each box and check the correct Hurricane Insurance box. Do not submit until you have read this agreement thoroughly. Feel free to contact us with any questions about this Contract. Then, use your mouse to sign the form and click “submit”.
You may print a copy for your records.
Rentals On The Ocean Rental Agreement
Rentals On The Ocean • 3022 S Croatan Hwy, Unit 24 • PO Box 1119 • Nags Head, NC 27959 • Phone: 252-441-5005 • Fax: 252-441-0732
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.
1. RENT/FEES. Prior to taking possession, Tenant agrees to pay the fee for the rental of the Property.
2. RENTAL TERM. Tenant agrees to lease the Property for a term commencing on the date at the bottom of this lease. Check-out is signified by Tenant notifying the Landlord and if applicable, returning of the property keys to the Lockbox and VACATING THE PROPERTY ON OR BEFORE 10:00 AM.
3. RESERVATION REQUIREMENTS. Once the Agent receives a reservation, the Tenant must sign and forward this Agreement and any required deposit within five days after the reservation request.
4. PAYMENT REQUIREMENTS. If your Rental Period is more than 30 days from the date you made your reservation, a deposit equal to fifty percent (50%) of the total rent, fees and taxes listed herein above, in addition to any security deposit required by Paragraph 5 of this Agreement, is required to secure reservation of the Property. The balance of the rent, fees and taxes is due no later than 30 days before the date of check-in. A $35.00 service fee will be charged for all return checks.
5. SECURITY DEPOSITS. Tenant may be subject to a security deposit or be charged extra fees in an amount to be determined at the sole discretion of the Agent. These fees or deductions from the security deposit will be made for, and include, a twenty percent (20%) administrative fee of such charges for excessive cleaning, damage to the property or its contents, missing linens or other items, moving or cleaning furniture, carpet cleaning, damage to the hot tub or its cover, pool equipment and/or any other special features that may be at the Property and for any damages pursuant to Paragraph 12 hereof. Damages include any loss of rentals due to the property being unavailable for rental due to damage done to the property or due to Tenant not vacating the property promptly at “Check out time”. Tenant shall be responsible for all charges in excess of the security deposit. Tenant will be notified in writing regarding said deductions and Tenant agrees that charges can be processed on Tenant’s credit card or Tenant agrees to send payment within ten (10) days of notification. Security deposits minus any deductions are refunded within forty-five (45) days of departure.
6. CANCELLATION AND REFUND POLICY. For customers that book directly. Refunds shall not be granted except as expressly provided in this Paragraph and Paragraph 12 of this Agreement. Cancellation requests must be made in writing no less than thirty (30) days before the scheduled check-in date. No refund will be given for timely cancellation requests unless the Property is re-rented for the period in which Tenant had agreed to rent the Property pursuant to this Agreement. If the Property is re-rented for the same rental amount as set forth herein, all money prepaid will be refunded except the five percent (5%) fee set forth in Paragraph 12 of this Agreement, and a $150.00 cancellation fee charged by Agent. If the Property is re-rented for a rental amount less than the rental amount set forth herein, the refund will be reduced by the difference between the rental amount set forth herein, plus the cancellation fee of $150.00, and the amount actually received. If a reservation is timely canceled and the Property is not re-rented for the period in which Tenant had agreed to rent the Property, all advance payments, except any security deposit, shall be kept by the Agent to cover its damages. If Tenant makes a cancellation request within thirty (30) days of the scheduled check-in date, Tenant shall not be entitled to any refund, shall remain liable for all sums due and owing pursuant to this Agreement, and Agent shall be under no obligation to attempt to re-rent the Property. If Agent does re-rent the Property for the period in which Tenant had agreed to rent the Property, Tenant shall be entitled to a refund as set forth above for timely cancellations. Refunds: Refunds will not be given for any act of God, early departure for any reason including an emergency, disruption of utility services, or maintenance problems, including but not limited to air-conditioning, appliances, or television failure. No amenities are guaranteed.
For customers that book on VRBO/Homeaway: Travelers who cancel at least 30 days before check-in will get back 100% of the amount they’ve paid. If they cancel between 14 and 30 days before check-in, they’ll get back 50%. Otherwise, they won’t get a refund.
For customers that book on Air BNB: Cancellation policy Strict: Full refund for cancellations made within 48 hours of booking, if the check-in date is at least 14 days away. 50% refund for cancellations made at least 7 days before check-in. No refunds for cancellations made within 7 days of check-in.
7. PETS. Pets are permitted inside the Property. A non-refundable pet fee per pet shall be payable without notice or demand prior to the first day of occupancy, and shall be made payable to Landlord and delivered to the address herein specified for the purpose of notices to Landlord unless otherwise directed in writing by Landlord. Tenant shall keep pet area clean and absent of debris and pet waste. Tenant shall be responsible for following all area laws including and not limited to excessive barking, roaming at large, and disturbing neighbors. Tenant may be subject to an additional charge for any waste not properly disposed of at the Property. Pets shall be kept at the property at Tenant’s sole risk. Agent/Owner is not responsible for any injury or death to pet, and Tenant is completely responsible for any damage to the Property caused by a pet.
8. RENTAL POLICIES. Attached as part of this Rental Agreement is the Vacation Rental Policies and Information Addendum which governs Tenant occupancy. Attached as part of this Rental Agreement is the Vacation Rental Policies and Information Addendum which governs Tenant occupancy. Per NC and Nags Head law we are not allowed to have campers/RV’s parked nor hooked up to any utilities at any short term rental properties. If you are found breaking any of these laws you will be asked to leave with no refund. We will only allow them as long as you do not hook up to any utilities.
9. MAXIMUM OCCUPANCY. Tenant should not permit the Property to be occupied beyond maximum occupancy. Maximum occupancy, unless otherwise provided, shall be deemed to be two persons per bedroom. Violation of this prohibition will result in eviction, in which case all monies paid shall be kept by Agent and no refund will be made to Tenant. The hosting of parties in the home, on decks, or anywhere else on the property beyond the maximum occupancy is a material breach of this Agreement, and shall subject the Tenant to an expedited eviction, as provided hereinafter.
10. SUBLETTING PROHIBITED. Tenant shall not be permitted to sublet the Property under any circumstances without the express written consent of Agent. Violation of this provision shall be deemed a material breach, and shall subject the Tenant and/or any other person occupying the Property pursuant to such an agreement to expedited eviction, as described herein.
11. USE OF PREMISES. Tenant may use the Premises for a vacation residence and for no other purpose without Landlord’s written prior written consent. Tenant shall not use or knowingly permit any part of the Premises to be used for an unlawful purpose. Tenant’s use of the Premises shall be in compliance with all federal, state and local laws, ordinances, rules and regulations. Breach of any of the provisions in this paragraph shall be deemed a material breach of this Agreement, and shall subject the Tenant to expedited eviction and liability for all actual damages incurred by Owner/Agent as a result of damages occurring as a result of Tenant’s breach.
12. MANDATORY EVACUATION. Tenant has the option of paying a fee in the amount of five percent (5%) of the total amount charged for rental of the Property less the amount paid by the tenant for a security deposit (the “Evacuation Fee”). If State or local authorities order a mandatory evacuation of an area that includes the Property, Tenant shall comply with the evacuation order. Upon compliance, if Tenant has paid the Evacuation Fee, Tenant shall be entitled to a refund from Agent of the rent, taxes, and any other payments made by Tenant pursuant to this Agreement, prorated for each night that the Tenant is unable to occupy the Property because of the mandatory evacuation order. Tenant shall not be entitled to a refund if, prior to Tenant taking possession of the property, the Tenant refused to pay the Evacuation Fee. Please note that we are not allowed to add this if there are named storms in the ocean.
13. DAMAGES/MAINTENANCE. Tenant shall, in accordance with N.C. Gen. Stat § 42A-32: (a) Keep that part of the Property which he or she occupies and uses as clean and safe as the conditions of the Property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the Property that he or she uses. (b) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner. (c) Keep all plumbing fixtures in the Property or used by the tenant as clean as their condition permits. (d) Not deliberately or negligently destroy, deface, damage or remove any part of the property or render inoperable the smoke detector provided by the Owner/Agent or knowingly permit any person to do so. (e) Comply with all of the obligations imposed upon the Tenant by current applicable building and housing codes. (f) Be responsible for all damage, defacement, or removal of any property inside the Property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or his or her Agent, defective products supplied or repairs authorized by the Owner and/or Agent, acts of third parties not invitees of the Tenant, or natural forces. (g) Notify the Owner/Agent of the need for replacement of or repairs to a smoke detector. (h) As this is a non-smoking unit, TENANT WILL REFRAIN FROM SMOKING OF ANY KIND, VAPING, BURNING INCENSE, OR DOING ANYTHING THAT CREATES A SMELL INSIDE THE PROPERTY. (i) Tenant agrees to the Vacation Rental Policies and Information Addendum. Breach of any of the provisions in this paragraph shall be deemed a material breach of this Agreement, shall subject the Tenant to expedited eviction and liability for all actual damages incurred by Owner/Agent as a result of damages occurring as a result of Tenant’s breach. Tenant will be notified in writing regarding Damage charges and Tenant agrees that charges can be processed on Tenant’s credit card or if a valid credit card is not available, Tenant agrees to send payment within ten (10) days of notification.
14. SWIMMING POOL: This is only for the 6 houses that have pools. Tenant SHALL NOT ENTER THE SWIMMING POOL AREA IF CLOSED BY LANDLORD. Tenant SHALL NOT ALLOW CHILDREN UNDER 12 IN SWIMMING POOL AREA WITHOUT ADULT SUPERVISION. Tenant SHALL NOT ALLOW PETS IN THE SWIMMING POOL AREA AT ANY TIME. Tenant SHALL NOT HAVE GLASS IN THE SWIMMING POOL AREA. Tenant SHALL NOT HAVE THE GRILL IN THE POOL AREA. Tenant SHALL CLOSE THE POOL UMBRELLA WHEN NOT BEING USED. DUE TO HIGH WINDS HAVING THE UMBRELLA OPENED WHEN YOU ARE NOT USING IT WILL CAUSE DAMAGES AND YOU ARE LIABLE FOR THOSE DAMAGES. Breach of any of the provisions in this paragraph shall be deemed a material breach of this Agreement, and shall subject the Tenant to EXPEDITED EVICTION and liability for all actual damages incurred by Owner/Agent as a result of damages occurring as a result of Tenant’s breach.
15. TRUST DEPOSITS. All deposits paid directly to us will not be disbursed until : (a) commencement of the tenancy; (b) a material breach by the Tenant; (c) the money is refunded to the Tenant; or (d) the termination of the Owner’s interest in the Property.
16. EXPEDITED EVICTIONS. Any Tenant who leases residential property pursuant to a Rental Agreement for thirty (30) days or less may be evicted and removed from the property in an expedited eviction proceeding if the Tenant does one of the following: (1) Holds over possession after his or her tenancy has expired. (2) Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement results in the termination of his or her tenancy. (3) Fails to pay rent as required by the agreement. (4) Has obtained possession of the property by fraud or misrepresentation. Any expedited eviction will proceed in accordance with N.C. Gen. Stat § 42A-24.
17. TRANSFER OF PROPERTY BY OWNER. (a) If the Owner voluntarily transfers the Property, Tenant has the right to enforce the Agreement against the grantee of the Property if Tenant’s occupancy under this Agreement is to end one hundred eighty (180) days or less after the grantee’s interest in the Property is recorded. If Tenant’s occupancy is to end more than one hundred eighty (180) days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within twenty (20) days after transfer of the Property, unless Agent is to continue as grantee’s agent, the grantee or the grantee’s new agent is required to: (i) notify Tenant in writing of the transfer of the Property, the grantee’s name and address, and the date the grantee’s interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Property subject to the terms of this agreement or receive a refund of any payments made by Tenant. (b) Upon termination of the Owner’s interest in the Property, whether by sale, agreement, death, appointment of a receiver, or otherwise, the Owner, Owner’s Agent, or real estate Agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the Owner’s successor-in-interest within thirty (30) days, and notify Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s occupancy under this Agreement is to end more than one hundred eighty (180) days after recordation of the interest of the Owner’s successor-in-interest in the Property, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within thirty (30) days.
18. OTHER NON-AVAILABILITY OF PROPERTY. In the event that the Owner is unable to deliver the Property to Tenant at check-in because of fire, eminent domain, bankruptcy, receivership, foreclosure, act of nature, double booking, delay in construction or any other reason whatsoever, except as specified elsewhere herein, Tenant’s sole remedy and maximum damages recoverable as a result of any of these conditions is the full refund of all funds previously received from Tenant less fees paid to third parties for the benefit of Tenant. If such an event occurs after check-in, Tenant’s recovery is limited to a pro-rated refund. If Tenant requests to be relocated in lieu of the above refund, and Agent is able to relocate Tenant, Tenant agrees to pay any difference in rental rate and applicable taxes. Tenant expressly acknowledges that in no event shall Agent or Owner be responsible for any expenses incurred as a result of moving.
19. WAIVER OF LIABILITY. Tenant agrees to indemnify (including the payment of reasonable attorney’s fees) Agent/Owner and keep Agent/Owner harmless from any and all liability, claims and loss for personal injury or property damage, or both, sustained or claimed to have been sustained by any person or persons, or property in, upon or about the Property caused or brought about by the negligence or willful acts of the Tenant, his or her agents, guests or invitees.
20. ATTORNEY’S FEES AND COSTS. Tenant shall be liable for any attorney’s fees, court costs, expert fees, or other expenses incurred by Owner/Agent as a result of Tenant’s default pursuant to this Agreement.
21. APPLICABLE LAW; JURISDICTION; VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. In the event of a dispute, Tenant consents, submits and waives all due process or any other objections to the exclusive jurisdiction and venue of state courts in Dare County, North Carolina or Federal Courts in the Eastern District of North Carolina. Tenant agrees that such courts constitute a convenient forum in that the Property that is the subject of this Agreement is located in Dare County, North Carolina.
22. ENTIRE AGREEMENT. Any stipulations, representations, promises or agreements, oral or written, made prior to or contemporaneously with this Agreement shall have no legal or equitable consequences and the only agreement made and binding upon the parties with respect to the leasing of the Premises is contained herein.
23. SEVERABILITY. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
VACATION RENTAL POLICIES AND INFORMATION
Addendum Parking: Please park in approved parking areas only.
Elevator: If you are staying in a cottage that is equipped with an elevator, the elevator has a safety mechanism that will not allow it to move until all doors are closed securely. Keep doors closed so that the elevator is operational at all times. Please do not allow children to play on the elevators.
Upon arrival to your cottage: Report any and all damages to the office immediately. All cottages are inspected after check out and damages and/or extra cleaning, if applicable, will be charged without prior notification.
Internet and Cable TV: Some of our houses have “unsecured internet”. If it is not, the Internet password is printed on the back of the Router. Do not change or add a password. If you do, you will incur extra fees. If you have problems, please unplug the cable box & modem. Wait 1 minute to let it reset. Then plug it back in. Shut down your computer or internet device and restart so that it can reestablish IP address with Wi-Fi. If you continue to have problems call our office at 252-441-5005.
Private Beach Access: Our private beach access is located beside the driveway of Windswept (8309). Go up the driveway and look for a posted sign “For Rentals on the Ocean Guests Only”.
Trash: Trash Pick-Up Days: Trash pickup “In-Season”(May 1-Sept. 30) is Monday and Thursday. Trash pickup in the “Off-Season”(Oct 1-April 30) is on Monday and Thursday.*Note: If you are in Peppers or Laughing Gull please put your trash in the community dumpster located beside Laughing Gull 1. Recycling: Is the blue can and is picked up on Monday.
Pets on the Beach: Dogs are allowed on the beach as long as they are kept on a leash. It is unlawful to leave pet waste on the beach or to dispose of it in the ocean. Pick up pet waste and put it in an outdoor trash container.
Arcade Games: The Arcade games are free to play. If a machine is not on when you want to play, flip the “on” switch located underneath the machine towards the front. Make sure the machines are plugged in. Please be respectful of these amenities and keep drinks & food away from them. Please return all pieces to the game before you leave.
Grill: There is a grill provided for each cottage. It is your responsibility to clean it & provide charcoal and lighter fluid to grill with. Grilling on the deck or porch is a fire hazard and is not allowed at any time. Grilling inside the pool area is not allowed at any time.
Fireworks: All fireworks are illegal at the Outer Banks.
Noise Ordinance law: There is a Noise Ordinance law in effect after 10:00 pm daily. Excessive noise that bothers citizens at any time may incur a fine from the Town of Nags Head.
Smoking, burning incense, or doing anything that leaves a smell is not allowed inside any of the cottages. You will incur an extra fee if this rule is ignored.
Locking yourself out. There is a $50 fee if we have to come back after 4:00 p.m. to let you in. *For your convenience, there is a lock box at Four Winds #1 and Four Winds #2 that you can use to store your key in. Please ask us for the combination code. (This is only for Four Winds #1 and Four Winds #2).
CHECK-OUT REQUIREMENTS
1. Check-out time is 10:00 am. Everyone must be out of the house by 10:00 (Four Winds #1 and #2 put keys in lock box at the houses) so that our staff may inspect and sanitize the cottage for our next guests. All Late Check-Outs will be charged an extra night’s stay.
2. Early checkouts: Please call to let us know if you will be leaving early or before our office is open.
3. Linens: Please strip your beds and place your linens at the lowest entryway of the cottage. We’ll pick them up from there!
4. Tenants are expected to leave the Property in the clean and orderly condition in which they found it upon arrival. If excessive cleaning is needed, you will incur extra cleaning fees.
5. Please make sure that you have not moved any furniture. If any furniture has been moved during your stay you will be charged a fee of $75 plus any damages done during moving.
6. Put all game parts and pieces back where they belong.
7. Wash all dishes on high heat and leave them in the dishwasher. If your house has more than one kitchen, return all items to the appropriate kitchen.
8. Remove all items from the refrigerator and freezer.
9. Trash: Put all trash in the outdoor trash container.
10. Pet waste: Pick up any pet waste in and around the yard and put it in an outdoor trash container. There is a $50 fee if we have to clean up any pet waste.
11. Close and lock all windows and doors.
12. Leave A/C set at 75 degrees for AC or Heat set at 70 degrees.
13. Check your cottage before you leave for any of your belongings. We are not responsible for items left behind.
14. Please make sure you notify us that you have left by 10 am.
*Ignoring any of the above lists may incur extra fees*
To accept this agreement, please fill in and sign the following:
