For example, “This Vacation Rental Agreement is being entered into by John Smith, “Guest”, and Jane Doe, “Homeowner”, this 12th day of May 2009. ”
For example, “The property is located at 1212 Main Street, Lakeview, MN 55555, is furnished, and includes a refrigerator, oven, stove, and dishwasher. ”
For example, “This lease begins on June 1, 2009 (“Check-in Date”) and ends on September 30, 2009 (“Check-out Date”). ”
For example, “Guest shall pay to Homeowner a deposit in the amount of $500 due upon execution of this Agreement, and then $1150 on the 1st day of each month, beginning on June 1, 2009, and ending on September 1, 2009. Payment shall be in cash or personal check or money order made payable to Jane Doe, and mailed to Jane Doe, 4981 Jefferson Blvd, Lakeview, MN 55555. "
For example, “All deposits will be refunded by check payable to the first Guest listed on this agreement within forty-five (45) days of Guest’s Check-out Date. If any amounts are subtracted from Guest’s refund of deposit, an itemized invoice will be provided to Guest along with the remaining deposit refund, if any. " If the homeowner allows guests to purchase a non-refundable deposit waiver in lieu of paying a security deposit, this information should be included in this section. (Note that some states prohibit non-refundable deposits. )[3] X Research source The contract should clearly state the guest’s responsibility to pay for damage in cases where no security deposit is collected and where the cost of the damage is greater than the security deposit.
The homeowner might recommend that the guest purchase travel insurance to cover the cost of an unexpected cancellation. For example, “Should Guest cancel his or her reservation, in writing, at least twenty-one (21) days prior to the Check-in Date, one hundred percent (100%) of the deposit will be refunded. All other cancellations will result in no refund of the deposit. Homeowner recommends that Guest purchase travel insurance to cover the cost of an unexpected cancellation. ” Cancellation may also be due to “force majeure”, as discussed below, meaning the Guests (or their travel insurance) could claim they did not “cause” the cancellation and thus are not responsible for missing the “no refund” deadline.
For example, “Upon receipt of each rent payment, Homeowner will communicate confirmation of receipt to Guest within 1 business day via telephone, email, or text message. "
Rules regarding pets. For example, “No pets are allowed,” or “All pets must be kept outside on leashes. " Rules regarding minors, parties, and overnight guests. Many landlords do not allow minors to rent the property, or allow tenants to throw parties or host overnight guests who are not listed on the Rental Agreement. Rules regarding smoking. For example, “Guest understands that the rental unit is a non-smoking unit, and agrees to smoke only in the outdoor designated smoking areas. " You might also state, in no uncertain terms, that Guests are not allowed to violate any criminal laws while on the premises, and that doing so may result in immediate forfeiture of the right to stay, subject to local procedures.
For example, “Guest shall leave the property swept and vacuumed, with washed appliances and bath fixtures, and trimmed lawn. " If the homeowner has provided pillows and linens, state who will be responsible for laundering those items. For example, “Guest shall launder all soiled linens prior to vacating the property. "
For example, “Homeowner may enter the property to inspect or make repairs between 9:00am and 5:00pm. Homeowner must give Guest twenty-four (24) hours’ notice of Homeowner’s intent to enter the property. Guests may waive the notice period by giving specific consent on a case-by-case basis. Homeowner shall always knock and wait to see if there is an answer before entering. "
Consider local laws regarding requirements for notice and termination of the lease and the potential for eviction proceedings to legally remove any tenants or guests who decide to overstay their welcome. Some states have separate laws for evictions from “short-term or vacation rentals” that might apply to your situation.
For example, “This agreement shall be governed by the laws of the state of Alabama. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Alabama, as applicable, for any matter arising out of or relating to this Agreement. "
For example, “Guest agrees to indemnify and hold Homeowner harmless from any liability for personal injury, property damage, or loss or theft of personal property sustained by or caused by Guest or parties invited onto the property by Guest. "
For example, “A party shall not be liable for any failure of or delay in the performance of this Rental Agreement if the Rental Property becomes uninhabitable or inaccessible due to causes beyond the party’s reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. If the Rental Property becomes uninhabitable or inaccessible prior to the Check-In Date, one hundred percent (100%) of the deposit will be refunded. "
For example, “Guest shall not assign his or her rights under this agreement, or sublet the property, in whole or part, to another party without the prior written consent of Homeowner. Homeowner retains the right to assign his or her rights under this agreement to a third party without further notice. "
For example, “If any provision of this Agreement is held by a court of law to be illegal, invalid, or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. "
For example, “This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous oral or written agreements concerning the subject matter. "
