10% OF ALL OCTOBER RENTALS WILL GO TO BEACH FOOD PANTRY. Wonderful vacation home directly on the Currtiuck Sound. Sweeping sunset views from the top floor deck and private pier. Five bedrooms with plenty of space for family and friends. Short walk to community pool and clubhouse. Can walk or bike to beach. Kayaks (for adults) are available for use during your stay.
Located in Monteray Shores, with access to the community clubhouse, pool and tennis courts.
This is a Vacation Rental Agreement under the NC Vacation Rental Act, N.C.G.S. 42A. The rights and obligations of the parties to this agreement are defined by law and include unique provisions permitting expedited eviction of Renter. Payment of money or taking possession of the Property after receipt of the agreement is evidence of your acceptance of this Agreement and your intent to use this property for a vacation rental. This contract represents a real estate transaction and constitutes agreement between the Renter and Owner to rent the property. Renter acknowledges that Renter will occupy the Property and is a minimum of 25 years old representing a family group.
1. LIABILITY. Renter understands that the accommodation is a privately owned dwelling with the Owner’s furnishings, and Owner shall not be responsible for providing any additional furnishings or equipment. If the air conditioning system or other appliances become inoperable, Owner will exert efforts to have them serviced. However, Owner cannot guarantee the time required to accomplish repairs. RENTER ACKNOWLEDGES WAIVER OF LIABILITY, including but not limited to, hot tub, whirlpool, sauna, outdoor/indoor pool (open seasonal, call for dates), elevators, if so equipped, bicycles, kayaks, boats, grills and any other recreational equipment (collectively, the “Special Features”). Renter understands there are special risks that may be involved in using the Special Feature. In particular, but without limitation, Renter understands that there are potential risks that the Special Features may present dangers to children who are not carefully supervised, as well as the danger of any person using the Special Features for too long a time, has health problems, or is intoxicated or using any kind of drugs or medication, or uses the Special Feature if pregnant. The Renter agrees to explain the risks of using the Special Feature to any guests he or she may have at the unit and to be fully and solely responsible for any accidents his/her guests may incur. Renter understands the risks discussed above and agrees that he/she will assume all responsibility for Renter and their guests for the consequences of those risks. Renter agrees to waive any claim whatsoever against Owner for accidents or claims arising from use of any Special Feature. Renter agrees to indemnify Owner for any claims made by Renter or Renter’s guests arising from Renter’s or Renter’s guest’s use of any Special Feature. Renter also understands and agrees that Renter is responsible and liable and will pay Owner upon request for any damages that occur to the Property or to any Special Feature through Renter’s or Renter’s guest’s misuse and/or negligence. Tenants may not use the gas grill on or under the Property’s wooden decks or in the house. Any kayaks should be used in Currituck Sound only. Kayaks may only be used by experienced kayakers aged 18 or over. Renter is responsible for explaining this policy to Renter’s group, including the need to wear a life-jacket at all times while in or near the water. Use of kayaks is prohibited if Renter or any of Renter’s guests have a special medical condition or while under the influence of alcohol or drugs. Liability to Owner under this Agreement and at law is limited to rental monies paid by Renter to Owner.
2. INDEMNIFICATION AND HOLD HARMLESS. Renter agrees to indemnify and save harmless Owner for any claims, injuries, liabilities, theft, damages, costs and expenses whatsoever (including, without limitation, legal costs) arising from, related or in connection with Renter’s or Renter’s guest’s use and occupancy of the Property and the Special Features.
3. USE. Locked areas such as owner’s personal storage areas are exempt from this Lease and are off limits to Renter. Entry into these areas is prohibited and can result in charges to Renter. Renter is responsible for all internet activity, where applicable, and agrees that no illegal copyrighted materials may be downloaded. Renter understands that no refunds will be given for Internet connectivity issues or lack of service.
4. DISRUPTIVE BEHAVIOR. Property is rented to responsible GROUPS only. NO HIGH SCHOOL OR COLLEGE GROUPS ARE PERMITTED, REGARDLESS OF AGE. Any group whose behavior creates a disruption or interferes with their neighbor’s peaceful enjoyment of their property will not be allowed to stay and no refund of Rents will be made. Any group misrepresenting themselves may be denied occupancy and no Refund of rents will be made.
5. DEPARTURE AND ARRIVAL. It is agreed that Owner and its agents, for the purpose of inspection, clean-up and repair, may enter the Property at 10:00 a.m. on the day of departure and may remain on the premises until 6 p.m. on the day of arrival if necessary. Owner will make every effort to have the leased property available by 3 p.m. Renter acknowledges that Owner’s agents may need to access the Property during the leased period for general repairs and maintenance.
6. HURRICANE REFUNDS. Pursuant to Senate Bill 974, G.S. 42A-36, there are no refunds to inclement weather including hurricanes.
7. SECURITY DEPOSITS. Renter may be subject to a security deposit in an amount set forth above. Deductions can be made 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. Renter will be notified in writing regarding said deductions. Security deposits are refunded within 45 days of departure in accordance with NC law, or check will be destroyed. Whether or not a security deposit is required, Renter is responsible for any damage to the Property due to negligence. Renter will be notified in writing and Renter agrees to send payment within 10 days of notification.
8. ACCOMMODATIONS CAPACITY - The advertised bedding includes adults and children and must be strictly observed. Exceeding this occupancy is grounds for eviction without refund. Occupancy shall not exceed the amount allowed by law.
9. PETS. No pets are allowed in the Property. If pets are discovered in a home not allowing pets, Renter may be evicted immediately and security deposit if applicable will be forfeited. Pet damages will be charged to Renter.
10. NO ASSIGNMENT. Renter understands that he may not sublet or assign this Agreement. Renter agrees that he will not use, nor permit the use of the premises for any unlawful or disorderly purposes, nor commit or permit a nuisance to be committed therein. NO FIREARMS, EXPLOSIVES OR FIREWORKS PERMITED ON THE PROPERTY.
11. DEFAULT AND HOLDOVER RENT. Renter understands that if Renter or any member or members of Renter party violate any of the conditions or provisions in this Agreement, Owner may terminate this Agreement and enter the Property. If Renter is in violation of this agreement, contract will be terminated without refund. If a court of competent jurisdiction shall find any portion of this Agreement invalid, such decision shall have no effect on the remainder of this Agreement. The court of jurisdiction is Dare County or Currituck County. If Renter refuses to depart from the Property on the date indicated on this Agreement, Renter will be charged rent of $500 per day in addition to any legal costs necessary to evict Renter. Renter is aware that expedited eviction pursuant to GS 42A-24 is allowed.