SHORT TERM RENTAL AGREEMENT
(Intended for occupancy of 30 days or less)
By requesting and accepting a reservation commitment, you understand and agree to the following rental agreement terms.
Total rental fees includes a city of Belmont 10% transient tax.
1.OCCUPANT: (Occupant) agrees as follows:
2.PROPERTY: Occupant rents, for vacation purposes only, the furnished real property and improvements described as:
800 Covington Road situated in Belmont, County of San Mateo, in the State of California (Premises). The Premises has 3 bedrooms, and 2 full baths. The property is furnished and includes: (Appliances) Stove, refrigerator, dishwasher, garbage disposal, microwave, clothes washer/drier, central heat/air; linens, towels, and silverware/dishes provided.
3.ARRIVAL AND DEPARTURE: Arrival: (Check-in Date) at 4:00 PM (Time) Departure: (Check-out Date) at 11:00 AM (Time).
4.AUTHORIZED USE AND GUESTS: The Premises are for the sole use as a personal vacation residence by not more than previously agreed number of adults and children. No other guests, visitors or persons are permitted. If the Premises are used, in any way, by more or different persons than those identified in this paragraph, (i) Occupant, Authorized Guests and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Occupant is in breach of this Agreement; and (iii) Occupant forfeits its right to return of any security deposit.
5.PAYMENTS: Occupant agrees to the following payments:
a.The Premises will not be held for Occupant until both the Reservation Fee and this (signed) Agreement by Occupant have actually been received. Once paid, the Reservation Fee is for services rendered in entering into this Agreement and is NONREFUNDABLE. Cancellations available only 60 days or more prior to arrival date or if Premises can be rented out again for the same period, less $100 cancellation fee.
b.PAYMENT SCHEDULE: Per agreement.
6.BALANCE DUE; LATE CHARGE: If any amount due is not received by the applicable Payment Due Date, Owner may, at Owners or Owners Representatives sole discretion, either terminate this Agreement and refund to Occupant all payments except the Reservation Fee, or impose a late charge of $00.00.
a.The security deposit will be [X] transferred to and held by Owner.
b.All or any portion of the security deposit, upon termination of occupancy, may be used as reasonably necessary to: (i) cure Occupants default in payment of rent, non-sufficient funds (NSF) fees or other sums due; (ii) repair damage excluding ordinary wear and tear, caused by Occupant or Occupants guests or licensees; (iii) clean the Premises; and (iv) replace or return personal property or appurtenances. Within three weeks after Occupant vacates the Premises, Owner shall: (1) furnish Occupant an itemized statement indicating the amount of any security deposit (i) received, (ii) withheld and the basis for its disposition, and (iii) withheld pending receipt of utility, phone, and cable bills; and return any remaining portion of the security deposit to Occupant.
c.No interest will be paid on the security deposit unless required by local ordinance.
d.If the security deposit is held by Owner, Occupant agrees not to hold Owners Representative responsible for its return. If the security deposit is held by Owners Representative and the security deposit is released to someone other than Occupant, then Owners Representatives only duty shall be to notify Occupant, in writing, where, and to whom the security deposit has been released.
8.CANCELATION; REFUND: If Occupant cancels or otherwise terminates this Agreement after the latest Reservation Fee Payment Due Date, all payments except the Reservation Fee will be refunded to Occupant. If Occupant cancels or otherwise terminates this Agreement after the latest Reservation Fee Payment Due Date, a Reservation Fee refund is subject to and contingent on finding a replacement Occupant for the same period.
9.HOLDING OVER: Occupant agrees there shall be no holding over or late departure without prior approval. Any unauthorized holding over by Occupant shall be subject to a charge of 1 and times the daily prorated rent (Holdover Rate) plus any additional damages incurred including, but not limited to, the cost of alternative housing for guests displaced by Occupants holding over. Late check-outs will be charged 50% of the Holdover Rate.
10.CLEANING: Premises will be delivered to Occupant in a professionally cleaned condition. Upon termination of occupancy, Occupant will deliver the Premises in the same condition less ordinary wear and tear. If Occupant does not return the Premises in the same condition, a(n) (additional) charge will be deducted from the security deposit.
11.HOUSEKEEPING: There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate.
12.NO PETS: Pets are not allowed. If an unauthorized pet is on the Premises, (i) Occupant is responsible for all damages caused by the pet (ii) Occupant, Authorized Guests, pet(s) and all others may be required to immediately leave the Premises, or be removed from it (iii) Occupant is in breach of this Agreement, and (iv) Occupants forfeits its right to return of any security deposit.
13.NO SMOKING: No smoking is allowed on the premises. If smoking does occur on the Premises, (i) Occupant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Occupant, Authorized Guests, and all others may be required to immediately leave the Premises, or be removed from the Premises; (iii) Occupant is in breach of contract of this Agreement; and (iv) Occupant forfeits its right to return of any security deposit.
14.NSF CHECKS: If a check is returned NSF, Occupant shall pay $25.00 as an NSF fee. Occupant agrees that this charge represents a fair and reasonable estimate of the costs Owner may incur by reason of Occupants NSF payment. An NSF check will result in cancellation of this Agreement if the required payment is not made by the applicable Payment Due Date.
15.CONDITION OF PREMISES: Occupant [ ] has [X] has not viewed the Premises prior to entering into the Agreement. Occupant shall, on arrival, examine the Premises all furniture, furnishings, appliances, fixtures and landscaping, shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Occupant the right to cancel this Agreement or receive a refund of any payments made.
16.PARKING: Parking is limited to 2 vehicle(s). Vehicles are to be parked in designated parking areas only. Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.
17.UTILITIES: Owner is to pay for all utilities except as follows: [X] Occupant agrees to pay for all electric/gas (PG&E) which exceeds $150 per month.
18.RULES; REGULATIONS; NO COMMERCIAL USE: Occupant shall not, and shall ensure that guests and licensees of Occupants shall not: (i) disturb, annoy, endanger, or interfere with neighbors in proximity of the Premises; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
19.MAINTENANCE: Occupant shall properly use, operate and safeguard the Premises include, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Occupant shall immediately notify Owner or Owners Representative of any problem, malfunction or damage. Occupant shall pay for all repairs or replacements caused by Occupant, guests, and licensees of Occupant, excluding ordinary wear and tear. Occupant shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner. Occupant shall pay for repair or drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
20.STORMS & ACTS OF GOD: If there is a storm, flood, mudslide, earthquake, land/brush fire or other natural disasters, no refunds will be given unless: (i) the state or local authorities order mandatory evacuations, (ii) the day that the authorities order a mandatory evacuation order, we will refund: any unused portion of rent from a guest currently registered; any unused portion of rent from a guest that is scheduled to arrive, and wants to shorten the stay, to come in after the mandatory evacuation order is lifted; any advance rents collected or deposited for a reservation that is scheduled to arrive during the evacuation order period.
21.ALTERATIONS: Occupants shall not make any alternations in or about the Premises including, but not limited to, moving furniture, painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials.
a.Owner and Owners Representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alternations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Occupant has complied with the terms of this Agreement; or (iii) in case of emergency.
b.Owner and Owners Representatives and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, tenants, mortgagees, lenders, appraisers or contractors.
23.NO ASSIGNMENT OR SUBLETTING: Occupant shall not assign any interest in this Agreement or sublet any part of the Premises. If this Agreement is assigned or the Premises or any part thereof is sublet, (i) Occupant, Authorized Guest, assignee(s), sublessee(s) and all others may be required to immediately leave the Premises, or be removed from it; (ii) Occupant is in breach of this Agreement; and (iii) Occupant forfeits its right to return of any security deposit.
24.UNAVAILABILITY: If for any reason beyond the control of Owner or Owners Representative, the Premises is unavailable, Owner or Owners Representative may substitute a comparable unit or cancel this Agreement and refund in full to Occupant all payments made.
25.OCCUPANTS OBLIGATION UPON TERMINATION OF OCCUPANCY: Upon termination of occupancy, Occupant shall: (i) give Owner all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Owner empty of all persons; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Owner in the same condition less ordinary wear as received upon arrival.
26.PERSONAL PROPERTY AND INJURY:
a.Owner Insurance: Occupants or guests personal property, including vehicles, are not insured by Owner against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of other, or any other causes. Owner does not insure against personal injury to Occupant, guests or licensees due to any reason other than the condition of the Premises.
b.Occupant Insurance: Owner recommends that Occupant carry or obtain insurance to protect Occupant, guests and licenses and their personal property from any loss or damage.
c.Indemnity and Hold Harmless: Occupant agrees to indemnify, defend and hold harmless Owner and Owners Representative from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damages or injury to Occupant, Occupants guests or licensees or their personal property.
27.MEDIATION: Occupant agrees to mediate any disputes or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
28.DATA BASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at: (URL HIDDEN) Depending on an offenders criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Landlord nor Brokers, if any, are required to check this website. If Tenant wants further information, Tenant should obtain information directly from this website.)
29.JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Occupant, each one shall be individually and completely responsible for the performance or all obligations under the Agreement, jointly and individually with every other Occupant.
30.TRANSIENT OCCUPANCY: Occupant is renting the Premises as a transient lodger for the number of days specified in paragraph 3 from the Owner who retains full legal, possessory and access rights.
31.KEYS; LOCKS: Upon arrival, (or [ ] _________________________) Occupant will receive: [X] 2 key(s) to Premises. Occupant acknowledges that locks to the Premises [ ] have [X] have not been rekeyed. If Occupant rekeys existing locks, or opening devices, Occupant shall immediately deliver copies of all keys to Owner or Owners Representative. Occupant shall pay all costs and charges related to loss of any keys or opening devices. Occupant may not remove locks, even if installed by Occupant.
32.OTHER TERMS AND CONDITIONS, including ATTACHED SUPPLEMENTS: [X] Reservations not confirmed until signed Agreement and payment is received. [X] This is a non-smoking unit. Smoking at property inside, or outside, will result in forfeiture of security deposit. [X] Quiet hours: 10:00 PM to 6:00 AM. Cancellations available only if Premises can be rented out again for the same period, less $100 cancellation fee. [X] There is a storage room (above the single car garage) and storage shed (in back yard), located at/on the Premises which are not accessible to Occupant or part of the subject Premises of this Agreement. [X] Occupant is not allowed to use the fireplace located on the Premises. Occupant is responsible for any fees/fines incurred as a result of using the fireplace on (No Burn Days) and these fees/fines will be deducted from the Occupants security deposit.
33.ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Occupant are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of California. California shall have personal jurisdiction over the parties and the county in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.