This rental agreement is entered into by and between the renter, hereinafter referred to as “GUEST(S)” & K&S Real Estate Holdings LLC, hereinafter referred to as “OWNER.” This agreement constitutes a contract between the GUEST(S) and OWNER. Please read this Short-Term Rental Lease Agreement thoroughly. Any money received by OWNER for occupancy of the property indicates the acceptance of the terms and conditions of this Agreement. It is the responsibility of the GUEST(S) to be familiar with all policies within this Agreement. This occupancy will be in the form of a Short-Term Rental only and not constitute a permanent or primary residence or other tenancy. By staying at this property guests agree that they have a primary residence elsewhere and that this property cannot be used as a primary residence.
TERM OF LEASE: The lease begins at 3 p.m. EST on the “Check-in Date” and ends at 10 a.m. EST on the “Check-out Date.” OWNER will consider, but not guarantee, early Check-In or late Check-Out depending on property availability and cleaning schedule.
MAXIMUM OCCUPANCY: Maximum occupancy for this property shall not exceed stated number of persons at any time. If TENANT exceeds the maximum occupancy, TENANT(S) and any and all of their guests are subject to immediate removal and forfeiture of their security deposit and rental payment.
SMOKING: This is a NON-SMOKING property. No smoking is allowed inside of the Property whatsoever. Smoking is also prohibited on the Property’s porches.
PETS: No pets are allowed at or inside of the Property whatsoever without prior written consent from OWNER. If there is evidence of pets without prior written authorization, additional cleaning fees will be charged to the credit card on file.
RESERVATION DEPOSIT: A reservation deposit in the amount of one-half (1/2) the total reservation amount will be due immediately upon acceptance of reservation. The deposit becomes non-refundable sixty (60) days prior to the occupancy date. The occupancy date shall be the first day of the rental period. The total balance due including security deposit, if applicable, is due thirty (30) days prior to the occupancy date.
CANCELLATIONS: Cancellations are required to be in writing or by electronic means. TENANT shall be entitled to a full refund of all amounts paid if the reservation is canceled more than sixty (60) days prior to the occupancy date. TENANT shall not be entitled to a refund of the reservation deposit if the cancellation occurs within sixty (60) days of the occupancy date but before thirty (30) days of the occupancy date. TENANT shall not be entitled to a refund of any amounts paid if the cancellation occurs within thirty (30) days of the occupancy date. As an exception to the foregoing, TENANT shall be entitled to a refund of all amounts paid prior to cancellation in the event OWNER is able to re-rent the property for the same price during the same rental period. If after cancellation the property is rented during the original rental period for a time period shorter than the agreed upon rental period, or for lower rental amount, OWNER shall be entitled to deduct from the refund the difference between the amount of the original rental with TENANT (to include any and all taxes and fees) and the amount received from the subsequent rental. For all the reasons stated herein OWNER highly recommends that TENANT purchases a Travel Insurance Policy at their own expense.
FALSIFIED RESERVATIONS: Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit, and/or rental money, and the party will not be permitted to check-in.
MAINTENANCE: It is expected that major systems in and around the property will break down from time to time such as air conditioning, washer, dryer, refrigerator, etc. OWNER will attempt to repair the problem as soon as possible upon notice by the TENANT. OWNER assumes no liability to TENANT if such should occur as all products have a useful life and break down occasionally. All repairs are made within customary time periods.
REMOVAL POLICY: In addition to any other breach or violation of this Agreement, TENANT acknowledges and agrees that OWNER may remove or cause to be removed from the property any guest or occupant who, while at the property, illegally possesses or deals in controlled substances, violates any of the terms of this agreement, or who indulges conduct which disturbs the peace and comfort of neighbors or which constitutes a nuisance or which injures the reputation, dignity or standing of the property or anyone who fails to make a payment of rent at the agreed-upon rental rate and fees at the agreed-upon times or anyone who fails to check-out at the agreed-upon time unless an extension of time is especially agreed to by the OWNER and the TENANT prior to check-out. Any notice to vacate may be given orally or in writing by OWNER to TENANT or occupant. If any TENANT who is asked to vacate early has paid in advance, OWNER may retain any security deposit and rents paid without further notice as agreed upon liquidated damages, and in consideration for the execution of this Agreement OWNER reserves the right to proceed with a claim for damages.
END OF TERM: At the end of the term, the TENANT shall leave the premises clean and in good condition, remove all TENANT property, and shall be liable for the repair of any and all damages caused during their stay beyond normal wear and tear.
SUBLET: TENANT shall not sublet or assign this agreement to any other person or party.
REPRESENTATION: OWNER and its agents and employees are the agents and representatives of the property owner, pursuant to Florida law. The property owner is not responsible for loss, theft, or personal injury resulting from TENANT’S use of the subject property.
LIABILITY: By signing this Agreement, TENANT warrants that the TENANT, and all persons accompanying TENANT, to include guests, agree to hold harmless OWNER and his/her agents and assigns, from any liability due to injury, loss of life or loss of property by the tenant or any persons accompanying the TENANT.
HOLD HARMLESS AND INDEMNITY: TENANT is responsible for and shall indemnify the OWNER upon demand and hold them harmless from any and all claims, liability, demands, actions, causes of action, expenses, damages, losses or injuries sustained by any person including TENANT, TENANT’S family, agents, guests or invitees as a result of or arising from the TENANT’S occupancy of the subject property, including but in no way limited to claims arising from the use of any pool or water area which are part of the rental premises. TENANT shall also be liable and indemnify OWNER upon demand for reasonable attorney’s fees and court costs, including the cost of appeals, incurred by OWNER in enforcing any of the terms, covenants or conditions of this Agreement or which are sustained by OWNER as a result of or arising from or during TENANT’S subject occupancy and tenancy. By signing below, TENANT warrants that the TENANT, and all persons accompanying TENANT, agree to hold harmless the OWNER and their agents or assigns, from any liability due to injury, loss of life or loss of property by the TENANT or any persons accompanying the TENANT.
DISPUTE RESOLUTION: This agreement will be construed under Florida law. All controversies, claims, and other matters in question between the parties rising out of or relating to this agreement or breach thereof will be shall be settled by first attempting mediation under the rules of the American Mediation Association or other mediator agreed upon by the parties. Any dispute not resolved by mediation shall be settled by binding arbitration using the Real Estate Industry Arbitration Rules of the American Arbitration Association (https://www.adr.org) unless the parties mutually agree to use other arbitration rules. The arbitrator may not alter the terms of this contract nor award any remedy not provided for in this Contract. The parties shall be allowed discovery in accordance with the Florida Rules of Civil Procedure.
UNFORESEEN CONDITIONS: If any unforeseen conditions or problems with the property arise prior to or during TENANT’S stay, OWNER reserves the right to either refund TENANT’S payment, pro-rate or place TENANT in a comparable house with the same amenities, bedroom, etc. Such unforeseen conditions could be the following but are not limited to, hurricanes, storms, vandalism, flood, sale of the home etc. OWNER assumes no responsibility for such unforeseen conditions.
ACCESS: TENANT agrees to allow access to the house and property to OWNER and his/her agents upon 24 hours’ notice by telephone or in person. Agents include but are not limited to, plumbers, electricians, rental companies, pest inspection, etc. OWNER reserves the right to inspect the premises and property interior upon 24 hours’ notice to TENANT. TENANT agrees not to deny access. If TENANT refuses to allow access to OWNER or any agent designated by OWNER, OWNER reserves the right to terminate the TENANT’S rental agreement and TENANT will immediately vacate the premises upon demand by OWNER and will forfeit the rental payment.
ADDITIONAL TERMS AND CONDITIONS: TENANT expressly agrees that this Agreement is also subject to the Terms and Conditions Agreement provided to TENANT.
ADDITIONAL TERMS
SECURITY DEPOSIT: A security deposit is required to book this property.
HURRICANE EVACUATION: Should Hillborough County be placed on a mandatory hurricane evacuation order; TENANT(S) must vacate the property. If you have a special situation requiring assistance, please contact emergency services. Owner will provide a prorated refund.
CLEANING FEE: Cleaning fees are collected for this property. The cleaning is for a onetime post-departure cleaning. TENANT is required to leave premises clean and undamaged. Any additional cleaning over the previously collected amount will be billed to the credit card on file.
LINENS: Standard departure cleaning fee includes laundering of one sheet set for each bed and towel bath sets equivalent to maximum occupancy of the property. Beds do not have to be stripped at Check-Out.
DISHES: Please load and start dishwasher prior to departure. If property does not have a dishwasher, please wash and leave to dry on counter.
REFRIGERATOR/PANTRY: The refrigerator and pantry must be emptied at check-out. Unopened items can be left for housekeeping.
LOST AND FOUND / PERSONAL PROPERTY: OWNER is not responsible for any personal property lost, stolen, or damaged within the property. If TENANT(S) have lost an item during their stay, please notify OWNER as soon as possible. We will use reasonable effort to help locate the missing item. If we discover any personal property, OWNER will notify TENANT to arrange return. TENANT is responsible for shipping charges plus any applicable handling fee.
MINOR DAMAGE: Immediately report any damage to OWNER allowing us the opportunity to make any repairs or clean-up. Most accidents can be taken care of with little to no expense and allowing you to continue to enjoy your vacation.
TRASH: All interior and exterior trash must be collected and properly disposed in exterior receptacle cans at check out. Please place at the street if trash pick-up is scheduled for the day of or the day after your departure. Excessive trash and overflowing cans will result in additional fees and billed to the credit card on file.
FURNITURE: Furniture, to include patio furniture, is not to be moved or rearranged.
ALTERATIONS: TENANT shall not make any interior or exterior alterations to the property. Should any Property items need attention, please contact OWNER. If any un-permitted alterations are made, TENANT shall be liable for cost to bring the property back to its original condition.
DOORS, WINDOWS, A/C: All doors and windows must be shut and locked at your departure. A/C on 75.
REFRIGERATORS AND FREEZERS: Please do not store bait or chum in refrigerators or freezers. If discovered an additional cleaning fee will be charged to the credit card on file.
NOISE AND DISTURBANCES: TENANTS(S) agree to behave in a civilized manner, be a good neighbor, and respectful of the rights of your surrounding neighbors. OWNER has a zero-tolerance policy towards house, group, or bachelor/bachelorette style parties. If any complaints are received local law enforcement will be called. Should the issue giving rise to the complaint not be immediately corrected TENANTS(S) will be required to vacate the premises forfeiting, as agreed upon liquidated damages, the balance of the rental amount and any security deposit.
REBATES AND REFUNDS: TENANT is aware appliances and features will break or become inoperable. OWNER will use all reasonable means to repair the item. However, sometimes parts delivery will take a little longer than expected. We understand this is frustrating but out of our control. There will be no rebates or refunds given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities (e.g., phone, electric, water, cable, wifi, swimming pool) malfunction, construction in the area, insects inside or outside the home, or other maintenance problems.
CERTIFICATION: I or we, the TENANT(S), hereby certify and consent that I/we have read the entire Agreement and Terms and Conditions Agreement and agree to the terms and will comply with them during the course of this vacation rental.