VACATION RENTAL LEASE AGREEMENT
This is a vacation rental lease agreement. The rights and obligations of the parties to this agreement 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 the property for a vacation rental.
Property Owners: Tom & Julie Fergus, PO Box 1123, Wolfeboro Falls, NH 03896. Tel/Text: 603 828-7606
This agreement is made by and between Thomas & Julie Fergus, hereinafter referred to as “Owner,” and the person or persons making this reservation and/or making payment for said reservation, hereinafter referred to as “Tenant”.
1. Designated Agent:
Property Owner and Tenants agree that the person or persons making this reservation and/or making payment for said reservation is hereby named the Designated Agent for Tenants for the purposes of all notices to Tenants and all service of process necessary under this lease. Such agent is expressly empowered on behalf of all Tenants listed to approve any changes in the lease necessary because of the replacement of any of the Tenants listed, by others who may assume part or all of the obligations of the Tenant being replaced and to act on these and similar matters on behalf of all Tenants unless or until replaced by mutual written agreement of Tenants and Owner. A check for return of the balance of the security deposit at the end of the lease will be made payable to whom such deposit is owed and returned to the Designated Agent at the conclusion of the lease and shall be deemed delivered on the date sent first class and postmarked. Tenants are responsible for the equitable division of the deposit in accordance with any arrangements which they made among themselves with regard to their various contributions to any rent payment, the deposit, or their individual responsibilities for damages, breaches or failure to perform any and all of the obligations jointly and severally assumed by Tenants under this agreement. It is expressly agreed that all Tenants shall hold Owners harmless for the failure of the designated-agent Tenant to perform his or her duties and shall look only to the designated-agent Tenant or to each other for redress of such failure.
2. Premises Rented: As noted in the invoice for payment.
3. Rental Period: As noted in the invoice for payment.
4. Check-in / Check-out:
Check-in time is after 3:00 PM for Cottage on High property in Wolfeboro. The Owner will use its reasonable efforts to have the Rental Property ready for occupancy by the Tenant at Check-in time. If Tenant is delayed for any reason and is unable to take possession at the Check-in Time, Tenant is responsible for notifying the Owner of planned check-in time. At Check-in time, the Tenant will be issued two (2) sets of keys for the Rental Property. Tenant is responsible for the cost of replacement and for the costs of re-keying and/or replacement of locks in the event that any keys are lost, misplaced, or not returned.
Check-out time is 10:00 AM on the scheduled date of departure. Tenant will be charged for an additional day’s rental if the property is not vacated by the Check-out time.
5. Payment: ADVANCE PAYMENT OF THE TOTAL AMOUNT DUE INCLUDING TAX, CLEANING FEE AND SECURITY IS REQUIRED PRIOR TO OCCUPANCY. When we receive your reservation inquiry, we will confirm the availability of your requested dates. If the dates are available, we will hold the dates for you and you will be sent this Vacation Rental Lease Agreement and an invoice. If your requested dates are more than 30 days in the future, we may require only a deposit of 50% of the full amount due. Please read the Lease Agreement. By clicking “Pay Invoice” you acknowledge you have read and agree to the terms of the Agreement. Provide an image of your Driver’s License with payment and your Reservation will be confirmed. YOU HAVE 5 DAYS TO PAY THE INVOICE AND PROVIDE AN IMAGE OF YOUR DRIVER’S LICENSE, OR YOUR DATES WILL BE RELEASED. If you paid a deposit of 50%, the balance payment is due and payable no later than 30 days prior to your arrival date. If the balance due is not received within 5 days of the balance due date, you will forfeit your deposit and your reserved dates.
6. Security/Damage Deposit:
A security/damage deposit is required, for a minimum of $500. The security deposit will be held until after the property is vacated in a timely manner; all rent and fees have been paid in accordance with the provision of this lease; all keys to the property have been returned; and after a determination of condition and an inventory of the contents of the Rental Property have been conducted. The security deposit will be refunded, less any deductions, within fourteen (14) days after Check-out. Amounts may be withheld to cover damage, additional cleaning and unnecessary service calls. Any problems or damage is to be reported upon Check-In. Unreported problems or damage will be assumed to have occurred during Tenant’s occupancy.
The Tenant shall pay the Owner total rent plus a security deposit plus New Hampshire Meals & Rentals tax of 9% on the total rent. The security deposit and cleaning fee are non-taxable. All prices are quoted in US Dollars and all payments hereunder shall be paid to Tom Fergus at the address given above. Payment can be made by cash, money order, cashier’s check, Visa, MasterCard, PayPal, or personal check. All non-US bank drafts and checks are subject to collection and processing fees. Tenant shall pay a service charge of $30.00 for any check returned by Tenant’s bank for insufficient funds.
8. Tenant’s Responsibilities before Check-out:
The house must be left in the same condition that it was upon check-in. Tenant is responsible for the following items at check-out:
(a) Return furniture to original locations (including porch) with cushions, pillows and chairs/sofas neatly intact and free of crumbs, stains, debris, hair, odors.
(b) Wash and put away all dishes, pots, pans, glassware and cutlery.
(c) Kitchen counters and dining tables should be free of food debris, crumbs and spills.
(d) Organize all games used during your stay.
(e) Remove all food and trash.
(f) Place trash in sealed plastic bags in designated trash receptacles.
(g) Cottage Guests: Strip all sheets and pillowcases and bring to laundry area. Fold and stack blankets and pillows on the beds. Thank you.
(h) Refrigerator should be clean of spills and purged of spoiled food.
(i) Outdoor grill should be cleaned and stored in original location.
(j) Bring all used towels and bathmats to the laundry area. (Brick House Guests place towels in laundry baskets and hampers)
(k) Close and lock all doors and windows.
(l) Turn off lights. Lower thermostat temperature to 60 degrees Fahrenheit (cold weather only).
9. Cancellation & Refunds: Cancellation applies only to reservations made and confirmed, prior to your arrival.
All payments are applied first to rent, then to NH State tax, cleaning and security. In the event your plans change prior to your arrival we will work with you to change your reservation to another time subject to the availability of the property. If you request a cancellation of this contract, regardless of the reason, a refund will be given only to the extent that another Tenant can be found to occupy the vacated dates reserved under this contract. The security deposit and cleaning fee will be refunded if you have paid the total amount due. If the Rental Property is re-rented for the same rate and time, the cancellation is subject to a $100.00 administrative fee.
10. Change of Reservation:
Any change of a confirmed reservation is subject to a $100.00 administrative fee and the consent of the Owner, subject to the availability of the requested dates.
11. Description of rental property:
Each NH Vacation Home Rentals properties are residential grade homes furnished with residential grade furniture, fixtures, and household items. The kitchens are furnished with residential grade appliances, and fully equipped with microwave, coffee maker, toaster, dishes and cooking utensils.
Amenities include: bed linens, comforters, towels, televisions, electronics, wireless broadband internet, cable TV. The Rental Property is privately owned and reflects the Owner’s personal taste. Certain areas in the Rental Property are locked for the Owner’s personal storage and are not included in this lease. These storage areas have been clearly marked with signs denoting them as private, and are strictly off-limits.
12. Notice of Repairs Needed:
If the Rental Property or any of the contents are damaged, not working, or otherwise in need of repair or replacement, the Tenant must promptly notify the Owner. The Owner will have a reasonable amount of time to make repairs. Efforts will be made to rectify any needed repairs as quickly as possible. The Owner is not responsible for any inconvenience or interruption of service due to breakage or malfunction of appliances, heat, plumbing, repairs, improvements, or any reason beyond the Owner’s control, and no refund will be given in this event. Tenant understands and agrees that the Owner may enter the Rental Property at any time for the purpose of making needed repairs. If the Tenant must vacate the premises because of damage not resulting from the Tenant’s act or neglect, and said damage is severe enough to render the premises uninhabitable, or repairs will require the premises be vacated, the Tenant will be refunded the rent for such period of time that the Tenant is unable to occupy the Rental Property, prorated on a per diem basis commencing on the date that the Tenant was forced to vacate and calculated to the date on which the Tenant was able to re-occupy the Rental Property or the end of the Rental Period, whichever comes first. If the Rental Property is totally destroyed, this Rental Agreement will terminate and the Tenant will pay rent up to the date of destruction.
No refunds or proration will be made for early departure. There is no early termination of the Lease Agreement. No refunds or proration will be made for the malfunction of appliances or other equipment. Owner shall not be liable for events beyond Owner’s control, which may interfere with Tenant’s occupancy of the Rental Property, including but not limited to acts of God, acts of government agencies, fire, strikes, war, weather, road conditions, power failure, etc.
14. Occupancy Restrictions: THIS IS NOT AN EVENT OR PARTY LOCATION
(a) Use: Tenant shall utilize the Rental Property solely for residential family use and for no other purpose.
(b) Guests: No other persons shall occupy the Rental Property at any time, except those registered with this Rental Agreement. Occupancy of the Rental Property is limited to number of occupants listed in the property listing agreement.
(c) Noise: The Tenant shall not make or permit any excessive, disturbing, or annoying noise in or on the grounds of the Rental Property by himself, his family, agents, servants, or visitors, nor permit such persons to do anything that will interfere with the rights, comforts, or conveniences of neighbors or other persons in the surrounding area. Noises carry far, and you must be aware of disturbing neighbors. There should be no outdoor “partying” after 10:00 p.m.
(d) Barbecues, Gas Grills: A gas grill is provided with the Rental Property. Tenant is responsible for providing fuel, although propane tank may have fuel when you check in. Outdoor cooking is allowed in the yard area only. All cooking surfaces must be left clean by Tenant upon departure.
(e) Pets: No pets of any sort are allowed in the Rental Property or on the premises at any time, including those belonging to visiting guests, except by written consent of the Owner, with a Pet Addendum attached to this rental agreement, and additional security deposit. Violation of this term will result in immediate eviction and forfeiture of all Rent and Tenant’s security deposit.
(f) Smoking: There shall be no smoking in the Rental Property.
(g) Consumption of Alcohol: There shall be no consumption of alcoholic beverages in or on the grounds of the Rental Property by any minor less than twenty-one (21) years of age.
(h) Illegal Drugs: There shall be no use of any illegal drugs by any Tenants, occupants, or visitors in or on the grounds of the Rental Property.
(i) Complaints: Any complaints to the Police Department concerning the behavior of the Tenant, Tenant’s family, other occupants, guests or visitors while occupying the Rental Property shall, at the Owner’s sole option, result in immediate termination of this Rental Agreement.
(j) Trash: Tenant is responsible for placing all trash in the designated trash containers for weekly trash removal. Trash must be sealed and bagged in plastic trash bags. Trash not properly disposed of will result in deductions from Tenant’s security deposit. It is important that trash be disposed of properly to prevent visits by wild animals or bears.
(k) Parking: Tenant is responsible for ensuring that all occupants and guests park their vehicles in the proper area and in such a manner as to avoid causing an impediment to neighbors. Parking of campers or motor homes is not recommended on the Rental Property.
(l) Telephone: There is no land line phone provided in the property.
(m) Tenant’s Personal Property: The Tenant will remove all personal property belonging to the Tenant or other occupants at the end of the Rental Period. Any property that is left on the premises becomes the property of the Owner and may be thrown out. Any expenses incurred for removal of Tenant’s property will be deducted from the security deposit.
(n) Lockout Policy: In the event the Tenant and/or other registered occupants are locked out of the premises, the Tenant must contact the Owner for a replacement key. If a locksmith is required, the Tenant will be responsible for payment of the locksmith’s invoice.
(o) Damage to Rental Property and Contents: The Tenant and all registered occupants of the Rental Property shall be liable for all damages caused during their occupancy. Cost of repairs and/or replacement shall be deductible from, but not limited to the security deposit and additional costs shall include attorney's fees and costs, if incurred in the collection.
15. Registered Occupants:
The person signing this agreement is the registered occupant. Each occupant over the age of eighteen (18) years shall be equally responsible for observing the Terms and Conditions specified in this Rental Agreement. Each adult occupant will be financially responsible for damage done to the Rental Property beyond normal wear and tear.
Tenant acknowledges that the Rental Property may not be sublet. Subletting shall immediately void this Rental Agreement with no refund due to Tenant.
17. Indemnification YOU ARE RESPONSIBLE FOR YOURSELF, YOUR GUESTS/FRIENDS, AND OUR HOME
Tenant indemnifies and holds harmless the Owner for any injuries, accident or otherwise which may be incurred or suffered upon the premises by Tenant, Tenant’s family or guests or anyone associated with Tenant for any cause whatsoever during the term of this Agreement. The Tenant’s personal property and vehicles are not insured by the Owner against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause.
18. Breach of Terms of Agreement
If Tenant or any person on the premises at Tenant’s invitation violates any of the terms of this Agreement, the Tenant and all registered occupants may be asked to vacate the property immediately, and NO refund shall be due to Tenant.
The Tenant certifies that Tenant is over eighteen (18) years of age, has read this Agreement, and understands that a breach of any terms can and will result in loss of the security deposit plus any additional costs.
In accordance with Section 14 (e) of the Vacation Rental Lease Agreement:
Pets: No pets of any sort are allowed in the Rental Property or on the premises at any time, including those belonging to visiting guests, except by written consent of the Owner, with a Pet Addendum attached to this rental agreement. Violation of this term will result in immediate eviction and forfeiture of all Rent and Tenant’s security deposit.
Guest is hereby permitted by the Owner, the following pet(s):
1 or 2 well behaved dog for dates outlined in the contract.
Tenants will clean up after their pets. Please contain your dogs! Do not let your dogs poop or pee on the mowed areas of the grass.
Dog Owners are expected to scoop and dispose of dog poop regardless of where on the property the dog goes.
Violations will result in deductions of your security.
Thomas & Julie Fergus