SHORT TERM RENTAL AGREEMENT
Modcabins, Asheville North Carolina
The parties agree this form may be signed electronically
This Short Term Rental Agreement, the “Agreement,” is made by and between Mae Creadick, “Owner of Modcabins,” of Buncombe County, NC and “Guest” ___________________________as outlined in an online booking through Airbnb, VRBO/Homeaway, or Flipkey/TripAdvisor, as of the date booked on the relevant site. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
- Property. The rental property is located at __________________ Asheville NC 28805. The property is fully furnished and includes amenities including but not limited to bath and bedroom linens, fully-stocked kitchen, washer/dryer, flat screen TV, books and games, porch fireplace, hot tub, outdoor furnishings and fire pit with grill.
- Rental Party: The rental party shall consist of no more than 2 adults and 2 children, unless expressly agreed otherwise by owner.
- Term of the Lease. The lease begins at 4:00 p.m. on the Check-in Date agreed to via the online booking site, and ends at 11:00 a.m. the Check-out Date to via the online booking site.
- CHECK-IN/CHECK-OUT TIMES. CHECK-IN TIME IS AFTER 4 P.M. EST AND CHECK-OUT IS 11 A.M. EST. Due to high demand for the cabins and lengthy cleaning procedures between guests, we cannot accommodate early check-ins or late check-outs.
- MINIMUM AGE: We will not rent to persons under 25 years of age unless Guest has approval of Owner, or is accompanied by an adult legal guardian or parent, unless otherwise agreed to by owner.
- Rental Rules: Guest agrees to abide by the Rental Rules attached as Exhibit A at all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the rules.
- Access: Guest shall allow Owner access to the property for purposes of repair, trash removal, landscaping work and inspection. Owner shall exercise this right of access in a reasonable manner.
- Rental Rate and Fees: Rental Rates and Fees are specified through the online booking site, already agreed to between the parties, and incorporated into this rental agreement by reference.
- Cancellation Policy: The cancellation policy of the relevant booking site shall apply to this agreement. We highly recommend guests purchase travel insurance to cover unexpected cancellations or damages. You can purchase reasonably priced travel insurance at one of the suggested sites: travelguard.com/vacationrental/ www.vacationrentalinsurance.com/ www.rentaltravelinsurance.com/ www.vacationprotection.com
- Refunds: If Guest wishes to cancel a reservation, the relevant booking site refund policy shall apply. Weather conditions in the mountains can vary drastically. A 4×4 vehicle or chains are recommended for travel to the mountains during weather events. This property is easily accessible in a 2-wheel-drive vehicle. Owner is not responsible for guest’s inability to reach the property due to bad road conditions, or improper equipment. Guest agrees he or she is responsible for having a proper vehicle or equipment to travel to the property during weather events. PLEASE NOTE: We have a strict cancellation policy. Please purchase travel insurance.
- DAMAGE DEPOSIT. The damage deposit of the online booking site shall apply to this agreement. The Guest will not be charged provided the following provisions are met.
a. No damage is done to the cabin or its contents, outdoor property, hot tubs or landscape.
b. No charges are incurred due to contraband, smoking, pets or collection of rents or services.
c. All soiled dishes are cleaned, debris, rubbish and discards are removed from the cabin and surrounding area and placed in outdoor garbage containers. Do not empty ashes from fireplace as this is a fire hazard. Evidence of pets have been removed including pet waste and fur, and pets did not use cabin furnishings or linens. All keys are returned to their original location, and unit is left locked with windows closed, heat/ac units left on at 60 degrees during cold weather, and 80 degrees during hot weather.
d. All charges accrued during the stay are paid prior to departure.
e. No property is lost or damaged.
f. No early check-in or late check-out without prior approval of owners.
g. The renter is not evicted by the owner (or representative of the owner) or law enforcement.
- Insurance: We encourage all renters to purchase traveler insurance to protect your travel plans and investment, as well as damages to the cabin that exceed the $200 damage deposit. Below are some references you may contact to purchase well-priced insurance: travelguard.com/vacationrental/ www.vacationrentalinsurance.com/ www.rentaltravelinsurance.com/ www.vacationprotection.com
We are not affiliated with, nor do we endorse any of these companies, rather they have been suggested vendors from VRBO or Airbnb.
- Phone and Wireless: We provide free wireless internet access during your stay. The username and password will be available upon check-in. Guest agrees to bring their own cell phone to use via wireless service during their stay as there are no telephones on site.
The parties agree to the terms of this Short Term Rental Agreement, as evidenced by the signatures (typed signatures acceptable) set forth below, which the parties agree may be electronically signed and emailed or messaged to the other party.
Owner Signed: M. Mae Creadick, Cell: 828-808-7514
Guest Signed: _________________________________________
Guest Cell # during stay, and Mailing Address: ____________________________________________________________
PET ADDENDUM FOR MODCABINS, LLC.
- With permission of the owner, it is agreed Guest may bring ______ pet(s), ______________________________________________________, weighing approximately __________________. We LOVE puppies, but as their behavior is unpredictable, they are not allowed on the property.
- Owner does not charge a pet fee as long as guest abides by this agreement, and leaves no trace of the pet after departure.
- Guest agrees the pet will not be allowed on furniture, in hot tub or shower, and Guest will not use cabin towels for pet. Guest will bring food/water bowls, towels and bedding to accommodate the pet. Pet food should not be left outdoors.
- Guest agrees the pet will be kept leashed outdoors for the safety of the pet from wildlife, and safety of neighbors and other guests on the property.
- Guest agrees to clean up after their pet both inside and outside. Guest will remove pet fur from the cabin and pet waste from around the property and place bagged pet waste in garbage cans at the top of the driveway. Any excessive cleaning due to pet, or damage caused by pet will be taken out of the security deposit. If the security deposit is not sufficient to cover damage, Guest agrees he/she will promptly pay Owner for any damage caused by pet.
- No pets will be allowed on the property that have a history of property damage or harming people or other pets. Guest confirms that ______________ has no history of property damage or harming people or other pets.
- All pets must be current on vaccinations. Guest confirms that ____________________ is current on all shots and vaccinations.
- Only Guest’s pet is allowed on the property.
- Guest agrees to keep his/her pet under control at all times, so that the pet does not disturb other guests or neighbors. For example, guests must keep their pet from barking between normal sleeping hours of 9pm and 9am.
- Guest agrees they will not leave their pet unattended outdoors and will not allow pet to bark continuously outdoors or indoors with windows open, which disturbs neighbors. Guest agrees to keep the pet with them while away from the cabin for long periods during the day or at night. The Shope Creek area has active bears that have been known to harm pets, and it is not safe to leave pets tied up at the cabin unattended.
- Guest assumes any and all liability for any damage pet causes, or harm pet causes to the property or person of others. Guest agrees to hold Owner harmless for any damage or injury their pet causes others. Owner recommends Guest obtain renter’s insurance that covers pets. Some suggestions include http://www.travelguard.com/vacationrental/ http://www.vacationrentalinsurance.com/ http://www.rentaltravelinsurance.com/
- Approval of the pet is conditioned on Guest’s continued compliance with this policy.
Guest Signature: _________________________________________
Guest’s Name and Address
Exhibit A–RENTAL RULES
So that we may provide the best experience for you and our future guests,
we ask that you agree to the following rules
- Secure Property and Garbage: Our cabin is located in a small mountain community in Asheville. You may see friendly neighbors as well as a variety of wildlife. Although Asheville is very safe, please remember to lock the doors and windows when you leave the cabin. Do not leave food or garbage outside as this may attract unwanted critter visits.
- No Smoking: All of our cabins are 100% smoke-free. Smoking is not allowed inside or outside the cabin. This includes all types of smoking. An additional cleaning fee of $200 will be charged to a guest who violates this policy.
- No Overnight Guests: People other than those in the Guest party set forth above may not stay overnight on the property. Any other person on the property is the sole responsibility of Guest.
- Assumption of Risk: This cabin is privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. Owners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premises.
- Property Damage: Please keep the property and all furnishings in good order. If property inside or outside the cabin is damaged, please notify Owner so that repairs can be made, or items can be replaced before the next guest arrives. We understand accidents can happen. Guest agrees to replace property he or she damaged.
- Appliance Use: Only use appliances for their intended uses. Do not remove the wall-mounted remote for the minisplit heat and AC units.
- No Pets: No pets unless you have a signed and approved Pet Addendum.
- Parking: Parking for two vehicles is provided in designated spaces next to each cabin. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.
- 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. We stock the cabins with enough bath and paper products for your first two nights; Guest is responsible for the remainder.
- Fireplace and Fire Pit: Guests must provide their own firewood, available at local grocery stores. Guest agrees to exercise extreme caution using porch fireplace and fire pit. Fireplace screen must be used at all times. Fires will not be burned during “no burn” periods as recommended by local officials. Guest agrees he or she will not leave fires unattended. Guest agrees he or she will extinguish fires using ashes or baking soda, and not dispose of hot ashes from fireplace or fire pit, as this is a fire hazard.
- Water and Septic: PLEASE do not flush anything other than septic safe toilet paper down the toilet. No baby wipes or feminine products should be flushed at any time. If it is found products have been flushed and clog the system, Guest will be charged damages for repair
- Kitchen Sink. There is no garbage disposal at the cabin. Please do not put any food, grease or other items down the sink that are likely to clog up the system.
- Storms: No refunds will be given for storms. Mountain roads can be curvy and steep and can be snowy or icy; please use caution and come prepared with 4×4 and/or chains to navigate Asheville roads. The city roads are generally well maintained. We do not refund due to road conditions or other effects from storms or other events.
- Garbage: Please remove garbage when full and when you check-out. The garbage can and recycling can are located at the top of the driveway. If mobility issues prevent you from removing garbage, please notify Owner so that we may accommodate you. Do not leave garbage on the porch which will attract unwanted critters.
- Hot Tubs: Hot tubs are not to be used by children without adult supervision. Do not bring bath products, food, drinks or toys into hot tubs. Follow all hot tub rules posted on-site. Hot tubs are cleaned and treated prior to each guest’s arrival. Guests are responsible for any damages caused to the hot tubs.
- Outdoor Spaces: Modcabins property is divided into three portions for use by separate cabins. Please respect the space of the other guests, stay within the cabin’s designated areas, and be mindful of your noise level. Quiet hours begin at 10pm – this is strictly enforced by property management. Sound is amplified in this mountain valley, so house parties, outdoor music and fireworks will not be tolerated on the property. Feel free to host late gatherings at one of the great bars or restaurants in Asheville, and Uber back to the cabins. Downtown is only 6 miles away.
- Use of Loft: Some cabins offer a loft accessible by a ladder which is not suitable for small children or adults with mobility issues. Note also the loft ceilings are very low. Due to low ceilings and smaller beds, the loft is only suitable for children. For younger children, the loft should be used with adult supervision only. Please exercise extreme caution when using the loft ladder and loft. Ladder weight limit is 250 lbs. Only one person at a time should use the ladder. Guest agrees that smaller children and adults over 250 lbs, or persons with mobility issues, will not use the loft and only use the downstairs bedroom. By consenting to these rules, you agree that you accept the conditions of the cabins. Modcabins, its owners and affiliates, are not liable for any personal injuries resulting from staying in or using the cabins. The signer indemnifies and holds Modcabins, is owners and affiliates, harmless against any and all such claims, including attorney’s fees incurred in defense of such claims.
- Bridge and Creek: The cabin is accessible by a new concrete vehicle bridge with a weight limit of 25 tons. Guest agrees to not exceed this weight when crossing the bridge in his or her vehicle. The cabin is located on property along the beautiful Shope Creek at the foot of Pisgah National Forest. Like any body of water, Shope Creek can be dangerous, especially during storms when the water moves very quickly and a person can be swept away in moments. Guest agrees to supervise children at all times at the creek and bridge, and exercise extreme caution with the bridge and creek. Guest agrees there will be no trespassing on the foot bridge located near the property, but which is the property of our neighbor across the creek.
- Telephone: Modcabins does not provide telephones in the cabins. Therefore, guest agrees to bring a cell phone to the cabin for use in the event of an emergency. Our wireless service will allow guests to have cell phone service, but in the surrounding mountains and hiking trails, there is often no cell service.
- Liability: And here’s the extra fine print… Modcabins accepts no liability and will not pay any compensation where the performance of its obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond its reasonable control including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, fire or failure of electric power, gas, water, or other utility service, plant machinery, computers, vehicles or collapse of building structures. Modcabins will not be responsible for the loss or damage of any property left in or around a cabin other than as required under North Carolina law. Modcabins will not be liable for any indirect, consequential loss or pure economic loss (whether caused by the negligence of the company, its employees, contractor, agents or otherwise). The company’s total liability shall not exceed the value of this contract. Nothing contained in these terms and conditions may be read or construed as excluding any liability for death or personal injury caused by Modcabins’ negligence or liability for fraud or fraudulent misrepresentation. These terms and conditions will be governed by and construed in accordance with the laws of the state of North Carolina, without regard to conflict-of-laws principles.
Thank you and we hope you enjoy your stay.
NOTICES REQUIRED BY NC VACATION RENTAL ACT
N.C.G.S.§ 42A-15. Trust account uses.
A landlord or real estate broker may require a tenant to pay all or part of any required rent, security deposit, or other fees permitted by law in advance of the commencement of a tenancy under this Chapter if these payments are expressly authorized in the vacation rental agreement. If the tenant is required to make any advance payments, other than a security deposit, whether the payment is denominated as rent or otherwise, the landlord or real estate broker shall deposit these payments in a trust account in an insured bank or savings and loan association in North Carolina no later than three banking days after the receipt of the these payments. These payments deposited in a trust account shall not earn interest unless the landlord and tenant agree in the vacation rental agreement that the payments may be deposited in an interest-bearing account. The landlord and tenant shall also provide in the agreement to whom the accrued interest shall be disbursed.
N.C.G.S. § 42A-16. Advance payments uses.
(a) A landlord or real estate broker shall not disburse prior to the occupancy of the property by the tenant an amount greater than fifty percent (50%) of the total rent except as permitted pursuant to this subsection. A landlord or real estate broker may disburse prior to the occupancy of the property by the tenant any fees owed to third parties to pay for goods, services, or benefits procured by the landlord or real estate broker for the benefit of the tenant, including administrative fees permitted by G.S. 42A-17(c), if the disbursement is expressly authorized in the vacation rental agreement. The funds remaining after any disbursement permitted under this subsection shall remain in the trust account and may not be disbursed until the occurrence of one of the following:
(1) The commencement of the tenancy, at which time the remaining funds may be disbursed in accordance with the terms of the agreement.
(2) The tenant commits a material breach, at which time the landlord may retain an amount sufficient to defray the actual damages suffered by the landlord as a result of the breach.
(3) The landlord or real estate broker refunds the money to the tenant.
(4) The funds in the trust account are transferred in accordance with G.S. 42A-19(b) upon the termination of the landlord’s interest in the property.
(b) Funds collected for sales or occupancy taxes and tenant security deposits shall not be disbursed from the trust account prior to termination of the tenancy or material breach of the agreement by the tenant, except as a refund to the tenant.
(c) The tenant’s execution of a vacation rental agreement in which he or she agrees to the advance disbursement of payments shall not constitute a waiver or loss of any of the tenant’s rights to reimbursement of such payments if the tenant is lawfully
N.C.G.S.§ 42A-17. Accounting; reimbursement.
(a) A vacation rental agreement shall identify the name and address of the bank or savings and loan association in which the tenant’s security deposit and other advance payments are held in a trust account, and the landlord and real estate broker shall provide the tenant with an accounting of such deposit and payments if the tenant makes a reasonable request for an accounting prior to the tenant’s occupancy of the property.
(b) Except as provided in G.S. 42A-36, if, at the time the tenant is to begin occupancy of the property, the landlord or real estate broker cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the landlord and real estate broker shall refund to the tenant all payments made by the tenant.
(c) A vacation rental agreement may include administrative fees, the amounts of which shall be provided in the agreement, reasonably calculated to cover the costs of processing the tenant’s reservation, transfer, or cancellation of a vacation rental.
(d) A vacation rental agreement may include a cleaning fee, the amount of which shall be provided in the agreement, reasonably calculated to cover the costs of cleaning the residential property upon the termination of the tenancy. (1999-420, s. 1; 2005-292, s. 1; 2012-17, s. 6.)
N.C.G.S.§ 42A-19. Transfer of property subject to a vacation rental agreement.
(a) The grantee of residential property voluntarily transferred by a landlord who has entered into a vacation rental agreement for the use of the property shall take title to the property subject to the vacation rental agreement if the vacation rental is to end not later than 180 days after the grantee’s interest in the property is recorded in the office of the register of deeds. If the vacation rental is to end more than 180 days after the recording of the grantee’s interest, the tenant shall have no right to enforce the terms of the agreement unless the grantee has agreed in writing to honor those terms, but the tenant shall be entitled to a refund of payments made by him or her, as provided in subsection (b) of this section.
Prior to entering into any contract of sale, the landlord shall disclose to the grantee the time periods that the property is subject to a vacation rental agreement. Not later than 10 days after transfer of the property, the landlord shall disclose to the grantee each tenant’s name and address and shall provide the grantee with a copy of each vacation rental agreement. In lieu of providing the grantee a copy of each vacation rental agreement, where the landlord or the landlord’s agent utilizes a standard form vacation rental agreement, the landlord may provide the grantee with a copy of the part of each vacation rental agreement that contains information unique to the tenancy, the amount to be paid by the tenant, and the parties’ signatures, along with one copy of the rest of the standard form vacation rental agreement. However, the landlord shall not be required to provide the grantee with copies of the vacation rental agreements if in anticipation of acquiring the property the grantee has engaged the landlord’s rental agent to continue to manage the property after the transfer and the landlord authorizes the rental agent to provide the information to the grantee and the grantee approves. Not later than 20 days after transfer of the property, the grantee or the grantee’s agent shall:
(1) Notify each tenant in writing of the property transfer, the grantee’s name and address, and the date the grantee’s interest was recorded.
(2) Advise each tenant whether he or she has the right to occupy the property subject to the terms of the vacation rental agreement and the provisions of this section. NC General Statutes – Chapter 42A 5