INSPECTION: It is extremely difficult to fully describe properties over the telephone or internet. Therefore, we strongly urge each Tenant(s) to personally inspect a property before placing a deposit. Tenant(s) acknowledges that they have personally inspected the demised property, and accept it in “as is” condition, or if they have not inspected the property, they waive the right to withhold rent for any alleged deficiency in the premises or to otherwise claim that the property has been misrepresented to them either by Owner or Agent. Both Tenant(s) and Owner agree that to the best of their knowledge and belief the premises comply with the statutes, rules and regulations of government authorities. Tenant(s) agrees that the premises are in good, sound and reliable condition. If Tenant(s) is not personally acquainted with the condition of the premises, Tenant(s) will immediately make an inspection thereof upon taking occupancy and will immediately notify Agent in writing if they determine any weaknesses that may result in injury to them, their family and guest(s). Tenant(s) further agrees to indemnify Coldwell Banker Premier, Agent/and or/Owner for any injuries, accidental or otherwise, that may be incurred or suffered upon the premise for any cause whatsoever during the term of this lease.
ADVANCED PAYMENT: 1/2 of the rental rate shown on page 1 of this Residential Lease Agreement, plus Trip Cancellation Insurance, if selected, the Processing Fee, and this signed Lease Agreement must be returned to Coldwell Banker Premier within ten days of the date you communicated to agent to reserve the property, unless otherwise noted on page 1. If Lease Agreement and advance payment are not returned to Coldwell Banker Premier within the allotted time, the reservation will be automatically cancelled without notice. Advance payment may be made by check, e-check, credit card, or money order. Should the Tenant(s) desire to use a credit card to make any payments they will be accessed a 2% convenience fee on the amount charged. Any credit card or e-check payments may only be made by a Tenant(s) whose name and signature appear on this Lease Agreement, whose full address has been provided Agent, and who is authorized to make payments from such account.
BALANCE DUE: All remaining amounts, including taxes, security deposit or vacation rental damage protection insurance fee if applicable, and any and all fees for goods or services as shown must be received by Coldwell Banker Premier 30 days prior to arrival. If the balance is not received 30 days prior to arrival, Coldwell Banker Premier shall have the right, without further notification, to deem the reservation canceled. A $50 handling fee will be charged for all returned checks. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED WITHIN THE 30 DAY PERIOD PRIOR TO CHECK IN. For reservations made less than 30 days from check in, all funds, or TOTAL as shown on form are due immediately. ALL RESERVATIONS MUST BE PAID IN FULL PRIOR TO CHECK-IN AND POSSESSION OF THE PREMISES. Funds received by Coldwell Banker Premier will be processed through its rental escrow account. Any interest accruing on this account shall accrue to Coldwell Banker Premier.
TAXES: All accommodations or lodging/rental taxes required by the City of Rehoboth Beach, Dewey Beach, Lewes, Henlopen Acres, or any other applicable municipality, or other Governmental Authority are charged to the Tenant(s).
PETS/SMOKING: Pets are not permitted in our rental properties unless authorized in writing. Pets on premises will be cause for immediate eviction with no refunds. Additionally, Tenant(s) shall be charged a de-infestation charge of not less than $125.00. Smoking in properties leased as "Non Smoking" shall result in a $200 fine to the Tenant(s). Charges, fines or damage resulting from pets or smoking are not covered by the vacation rental damage protection insurance. Any request for assistance animals must be made in writing in advance, and will be approved or denied on a case by case basis only after an application and supporting documentation is supplied, and an individualized evaluation is completed and reviewed by Agent and/or Owner.
CANCELLATIONS & DEFAULT: Rental deposits and payments are non-refundable. Tenant(s) may ask in writing that the property be re-rented so long as the lease is not in default. Tenant(s) will be required to enter into a written re-rent authorization with Agent. A re-rent fee of 15% of the total rent will be due if said property is re-rented. If property is not re-rented, the full deposit will be forfeited, and balance of rent and applicable fees are also due and payable. Owner is to be paid in full before Tenant(s) is to be paid under re-rentals. ASSIGNMENT AND SUBLET: Tenant(s) is not permitted to assign or sublet this Lease Agreement without express written permission. DEFAULT: Time is of the essence on all payments. If Tenant(s) defaults for 24 hours on any payment, or gives Agent a check, draft, or money order which is not immediately collectible, Owner and/or Agent may, without suit, court order, or notice to Tenant(s) re-enter and take possession of the premises or terminate lease if possession has not occurred. Tenant(s) shall forfeit all monies paid prior to such default, and in addition, shall be liable for such other damages as may be collected by law. In the event Tenant(s) shall violate any provisions of the Agreement resulting in successful legal action by Agent and/or Owner, Tenant(s) shall reimburse the prevailing party for all attorney fees.
SECURITY DEPOSIT & DAMAGES: Each property has its own security deposit and/or damage insurance policy. Any damage to the property other than normal wear and tear is the responsibility of the Tenant(s). The Owner or Owner’s cleaning crew will report all damages. Tenant(s) is liable for any and all damages to the premises, furnishings, equipment, and household items therein, which occurred during the tenancy. Excess cleanings for weekly rentals shall be no less than $75.00. Agent is hereby irrevocably authorized to deduct any reported damages and thereafter to return any security deposit (less deductions) to the Tenant whose name first appears on Page 1 of the Residential Lease Agreement. Agent is authorized to charge any damages not covered by the security deposit or vacation rental damage protection insurance to the credit card(s) on file used in connection with this Lease Agreement. Agent shall be authorized to charge Tenant(s) a $75.00 lock out assistance fee at their discretion. In the event of multiple Tenants or Co-signers on this Lease Agreement each shall be jointly and severally liable.
CLEANING: Our goal is to have each weekly property cleaned between 10:00 AM & 3:00 PM. Because it will occasionally be necessary to clean beyond these times, we reserve the right to clean the premises until 6:00 PM on day of check-in. Tenant(s) shall place trash and recyclables cans out for pick-up at the designated areas in accordance with community pick-up schedule. Failure to do so may result in an additional cleaning fee. Tenant(s) agrees to peacefully and without delay surrender the property at the expiration of this lease in as good condition as it was at the commencement, reasonable wear and tear excepted. All vehicles and Tenant(s) possessions must be removed from the property by 10:00 AM on the date of expiration of this lease. Neither the Agent nor Owner assume responsibility for items left by Tenant(s) upon vacating.
SALES SHOWINGS: In the event that the property is being offered for sale, Tenant(s) may be asked to allow access to the property with reasonable notice, for the purpose of sales showings.
LINENS AND PERSONAL/PAPER PRODUCTS: Tenant(s) shall furnish bed sheets, towels & blankets. Pillows, mattress covers and bedspreads are provided. Tenant(s) shall provide their own supply of paper and personal products, as well as any beach gear.
POOLS AND EQUIPMENT: Properties listing swimming pools or outside hot-tubs will usually have them available from mid-June until Labor Day. Pools and hot-tubs may not be available at other times and cannot be guaranteed. Use of fireplaces is limited to the off-season. The use of grills on balconies, decks or indoors is strictly prohibited.
SEASONAL TENANTS:(Memorial Day to Labor Day, plus additional days) In the event this Lease Agreement is for a Seasonal Rental, a separate Seasonal Rental Lease Addendum containing additional terms, conditions and payment schedules shall be attached hereto and made a part of hereof. Should a conflict exist between this Residential Lease Agreement and the Seasonal Rental Lease Addendum, the Seasonal Rental Lease Addendum shall govern.
POSSESSION: In the event that the Owner is unable to deliver said Property to Tenant(s) under this Lease Agreement prior to occupancy because of fire, eminent domain, act of nature, double booking, delay in construction or any other reason whatsoever, Tenant(s) hereby agrees that Agent & Owner’s sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Tenant(s). Agent shall make such refund promptly. Pursuant to the terms of this lease, Tenant(s) expressly acknowledges that in no event shall Agent or Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred, as a result of moving, for any damage, destruction or loss. If Agent is able to relocate Tenant(s), Tenant(s) agrees to pay any difference in rental amount.
RISKS: Tenant(s) understands that there are inherent risks associated with any property, including risks associated with any special feature, such as spa, hot tub, sauna, Jacuzzi, pool, etc. Tenant(s) certifies that they are thoroughly familiar with how to properly use premises, including all special features included therein or thereon. Tenant(s) will be responsible to explain how to use each and every feature of the dwelling to Tenant(s)’ guests. Tenant(s) agrees to defend, indemnify, and hold harmless Owner and his Agent from and against any and all damages, loss, liability or expense including, without limitation, attorney fees and legal costs, suffered directly or by reason of any claim, suit or judgement, brought by or in favor of any person or persons, including without limitations minors, for damage, loss or expense due to, but not limited to, bodily injury and/or property damage sustained by such person or persons which arises out of, is occasioned by, or is in any way attributed to Tenant(s)’ use or occupancy of the premises or acts or omissions of Tenant(s) or guests, invitees or licensees of Tenant(s), including without limitation friends and relatives of Tenant(s), except to the extent caused by the sole negligence of Owner. Tenant(s) further agrees that Tenant(s) is responsible and liable for, and will pay upon request, any damages that occurs to the premises or any portion thereof due to Tenant(s)’ and/or their guest’s misuse and/or negligent use of the premise or any portion thereof.
NO REFUNDS: Except as otherwise provided herein, Tenant(s) shall not be entitled to any refund or rebate due to acts of nature, delay in check-in, unfavorable weather, disruption of utility services, including internet service if applicable, malfunctioning or missing equipment/appliances/furnishings, surrounding construction and associated noise, inconvenience or disturbances due to beach replenishment efforts, empty propane gas cylinders for fireplaces or gas grills or any other situation occurring not under Agent’s control. Agent cannot guarantee Properties listed as “Non Smoking” have not had previous smokers or that there does not exist any smell of smoke, nor can Agent guarantee that “No Pets” properties have not previously had pets. Tenant(s) covenants and agrees to vacate upon a mandatory evacuation order or if Agent in Agent’s sole discretion, deems it in the best interest to vacate. TRIP CANCELLATION INSURANCE IS HIGHLY RECOMMENDED HELP PROTECT AGAINST CERTAI UNEXPECTED EVENTS. Tenant(s) shall be responsible for insurance on Tenant(s)’ personal property.
DISCLAIMER: Every effort has been made to insure that the information in this Lease Agreement, Rental Brochure, and any online advertising including affiliated websites is correct. Agent will not be responsible for any errors contained therein.
INSPECTION AND REPAIRS: Inspections and Repairs to the property, its fixtures, appliances, furnishings and facilities during the rental period may be made by Owner, Agent or Agent’s representative. In the event a mechanical deficiency in the property is discovered by Tenant
(s), Agent shall have a reasonable time after notice of same to correct said deficiency. Tenant(s) acknowledges that repairs, refunds, rebates, etc. are at the discretion of the Owner.
OCCUPANCY AND EVICTION: Occupancy is limited to the number on Page 1 of the Lease Agreement. Exceeding the occupancy limit shall be cause for immediate termination of the Lease and Eviction. EVICTION: In the unlikely event that a Tenant(s) violates community/city ordinances, condo/HOA rules, becomes objectionable to neighbors, creates damage to the leased property, or otherwise violates the terms and conditions of this Lease Agreement, the Agent at their sole discretion and without suit or court order, may evict Tenant(s) with immediate effect. Only if property is re-rented will the Tenant(s) be entitled to a prorated refund minus commission and any additional applicable marketing fees.
AGENCY: Coldwell Banker Premier is acting under Delaware law as statutory agent for the Owner/Lessor ('s). The duties of a statutory agent are disclosed in Delaware's Consumer Information Statement (CIS), a copy of which will be provided by the agent to Tenant(s), upon request. Agent has no liability to either party for the performance of any terms or covenant of this Agreement. Tenant(s) acknowledges that all properties leased/rented through Broker are privately owned. A service fee may be paid to Coldwell Banker Premier for administration of additional services such as linen packages, travel insurance and optional vacation rental damage protection policies.
SOME OF THE ABOVE ITEMS AND CONDITIONS MAY BE ALTERED ON TENANCIES COVERED BY THE DELAWARE LANDLORD TENANT CODE. LEASES OF 120 DAYS OR LESS ARE CONSIDERED "TRANSIENT LODGINGS" NOT GOVERNED BY THE DELAWARE LANDLORD-TENANT CODE.