This is a SAMPLE Lease

The lease that you sign may differ in material ways from this sample. Please read your lease carefully

Data from your agreement will be filled into the fields called out by {brackets}

 

VCJ Property, LLC Lease

VCJ Property, LLC

220 MacFarlane Dr. #902s    Delray Beach, FL    33483-6821

 Tel: (401) 575-0328 * fax: (888) 675-3294 *    info@vcjproperty.com

 

(The Term of This Lease Can Not Exceed 30 Days Duration without the specific written permission of Landlord)

THIS IS A LEGALLY BINDING CONTRACT, READ IT CAREFULLY – IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE

 

Lease, made, {ZCURDAT},  by and between owner {ONAME}, hereafter called LANDLORD, and ‎{CFULL} of {CADDRS}, C: {CPHONE}, E: {CEMAIL}, hereafter called TENANT. 

Witnesseth, that the LANDLORD hereby leases to the TENANT the living areas of {PDISPNAME} as specified by booking {BID}, located at:

{PADDRS}          

This lease will begin at {BCHECKINTIME} on {BARRDAY} {BARR} and end at {BCHECKOUTTIME} on {BDEPDAY} {BDEP} and for such term, the TENANT agrees to pay as rent {BTRENT} which includes the reasonable consumption of utilities and normal refuse service. TENANT shall pay additional rent of $500 per hour for entering the premises early or departing the premises late. Please respect our cleaners and our check-in and check-out times. 

 {BCTAB}

Third-Party Booking

You may have booked with an OTA (“Online Travel Agency”). You will then owe us rent and cleaning and owe the OTA money for their services. Taxes can be collected by either party and are then paid to the state. If you booked with an OTA you will, for example, owe a Guest Fee {BTGUESTFEE} to  {BSOURCE}. 

You have already agreed to our lease as part of their booking process. You also have agreed to sign this lease to commit us both to this rental which may include other forms such as Lead Paint disclosure and Bicycle forms. This lease is the controlling legal agreement between us and supersedes any agreements unless specifically appended and agreed in writing. Payments are only considered made as of the date when good funds in US Dollars are received into LANDLORDS bank account.

Schedule of Payments 

You used {BSOURCE} to book the {PPUBNAME}. If you used an OTA, such as Airbnb, then the OTA schedule will prevail.

All payments must be made on time by the TENANT for the full amount – see Section 24.
For special situations, such as funds availability, you can make a payment of  $1,000 and then, ten days later, the balance of the first payment.

A fee of 4% will be added for any payments made over thirty days late. 
Bank Transfer and Credit Card fees are your responsibility to pay if they reduce the funds due to the LANDLORD.

SECURITY DEPOSIT/CLEANING FEE. The property will be rented in a clean and neat condition. TENANT agrees to leave the property in the same clean and neat condition. The cleaning fee covers an estimated turnover cleaning. If additional cleaning is needed, the cost of additional cleaning will be deducted from the TENANT’S security deposit. TENANT also agrees to a security deposit hold on their credit card in the amount of {BSDAMT}, from  {BSDRS} day(s) before arrival, and released  {BSDRL} after departure. The LANDLORD, or his agent, will submit to TENANT an itemized list of damages caused during TENANT’S occupancy and return the security deposit, less any damages, and other lawful deductions. The security deposit is not to be considered prepaid rent and if damages exceed the security deposit the tenant will be liable for such additional expenses. These may include additional cleaning charges incurred beyond the estimated cleaning fee*, excessive utility usage, telephone calls, or cable charges for pay-per-view or additional trash removal. All utility usage is recorded and monitored weekly. Running the heat or AC with the windows and doors open will cause excessive utility use. 

The LANDLORD hereby notifies the TENANT that only the LANDLORD is the person authorized to receive notices of violation of the law and to accept services of process. 

The parties hereto in consideration of these presents agree as follows:

1. Occupancy; That no more than {BNGUEST}  persons shall occupy said premises for living purposes only. The Premises may not be used for any gatherings or events unless approved in advance in writing. Undeclared guests are subject to twice the per person per night rate.
2. Fires & Safety; SMOKING, VAPING, FIRES, OR FIREWORKS are not allowed anywhere on the premises. The Abode Alarm includes a camera and motion detector. Noise sensors (privacy-safe), exterior cameras, and interior video cameras that point outside are in use for the comfort of our neighbors and for the safety of our guests and their belongings. Guests may not disable any alarm devices or security cameras. Disabling will prevent the smoke and CO2 detectors from working and is a breach of this lease. False alarms from improper use of the alarm may cause a charge against the tenant’s security deposit. 
3. Animals;  TENANT shall not keep or bring onto the premises Pets (“animals or pets of any description”) without paying a fee, and placing a credit card on file for a security deposit. The failure to disclose the presence of a Pet at the time of booking may result in; a doubling of the Pet fee, the forfeiture of the security deposit, or eviction. If eviction occurs, all monies herein shall be forfeited. Tenant agrees that this clause is evidence of Landlord’s reasonable accommodation to Tenant. The Pet Addendum, attached to this document, is inactive until a pet fee is paid and a credit card has been placed on file. If a pet is brought onto the premises TENANT gives permission for LANDLORD to charge TENANTS credit card for the pet fee.
4. Damages; Subject to section 10 of this lease, the TENANT shall be responsible for all damage or breakage and/or loss to the premises, except normal wear and tear and unavoidable casualty that may result from occupancy. TENANT shall communicate the house rules, Manual, and checkout time with their guests and visitors. TENANT shall inspect the premises upon arrival and report any preexisting damage to the LANDLORD within 6 hours of the start of this lease, such notice is to be by email with pictures. Furniture shall not be moved. Damage or stains to the floors or tables is not considered normal wear and tear. The minimum charge for damage is $100.  
5. Preparation;  The LANDLORD will prepare the premises for occupancy and the TENANT shall maintain it in good order for the full term of this lease and vacate the premises peaceably and quietly leaving it in like condition in which the occupancy was taken. TENANT has paid an estimated fee against the actual cleaning charges for turning over the property. Additional cleaning costs will be charged to TENANT as added rent. Any special requests for amenities or preparation must be made in writing 30 days prior to the start of the lease.
6. Manual; The Manual or online link is available to the TENANT at the end of this lease. The Manual states the rules and procedures for the use of the premises. TENANT agrees to be bound by the same, and any material breach of the rules and procedures for the use of the premises will be deemed a default of this lease. 
7. Linens; The LANDLORD supplies bed linens, towels, and extra blankets but the overuse of these can result in additional cleaning charges. Starter amounts of sundries and paper products are provided.
8. Eviction; If the TENANT defaults and/or otherwise fail to comply with any item in this lease, the TENANT agrees to vacate said premises upon receipt of proper notice from LANDLORD and/or upon proper commencement and final adjudication of proceedings authorized and/or required by the applicable laws and regulations of the Commonwealth of Massachusetts.
9. Entry; The TENANT agrees to allow the LANDLORD or his agent to reasonably and freely enter and view the premise: A) to inspect the premises; B) to perform maintenance, make repairs and improvements thereto; C) pursuant to a court order; D) to protect the premises if it appears that said premises have been abandoned by the TENANT; E) with 24 hours notice to show the same to a prospective TENANT or PURCHASER. If TENANT shall refuse entry to LANDLORD or LANDLORD’s agents then TENANT shall be responsible for any and all expenses related to said refusal.
10. Condition During Rental;  TENANT and LANDLORD agree that should the premises be destroyed by fire or another casualty so as to become unfit for human habitation or, in the LANDLORD’s sole opinion, requires repair or work so as to interfere with the quiet enjoyment of the premises then these presents will thereby be ended, with a refund to the TENANT for any rent or payments unused. TENANT is reminded that this vacation rental is on an island and repairs, especially appliance repairs, may take longer than on the mainland. Services and devices such as the Internet, cable, appliances, electronics, and phone services are provided but not guaranteed. A refund for any inconvenience is at the sole discretion of the LANDLORD.
11. Regulatory Control;  LANDLORD agrees, subject to the provisions of paragraph ten (10), that if the premises acquire a condition that amounts to a violation of the law which may endanger or materially impair the health, safety, or well-being of the TENANT, or becomes unfit for human habitation; upon proper notice to or discovery by the LANDLORD thereof, the rent or a just portion thereof according to the nature and extent of the condition will be suspended or abated until the condition is remedied, if such a remedy is reasonably possible during the lease term; provided, however, that said condition or violation of law was not caused by the TENANT or others lawfully upon said premises at TENANT’s invitation.

    TENANT agrees that, at TENANT’s expense, to promptly obey and comply with all present and future laws, orders, rules, requests, and directions of all governmental authorities, LANDLORD’s insurers, Board of Fire Underwriters, or similar groups; provided, however, that the foregoing will not be deemed to require TENANT to cause any alterations or improvements to be made to the house or its systems.  Notices received by TENANT from any authority or group must be promptly delivered to LANDLORD where time is of the essence.  TENANT may not do anything which may increase LANDLORD’s insurance premiums.  If TENANT does, TENANT must pay the increase in premium as added rent.

12. Broker; TENANT has not engaged a real estate broker or other 3rd parties for this lease. Any claims for commission or fees will be solely the TENANT’S responsibility unless agreed to in advance and acknowledged by both parties in writing.  Any commission agreement shall extinguish within 180 days of the end of the tenancy.
13. Sublease and Change of Ownership; TENANT shall not assign, sublet or permit said premises or any part thereof to be used by others (except the TENANT named herein, the TENANT’S spouse, children, guests, and visitors for temporary visits) without the prior written consent of the LANDLORD in each instance.  In the event of a sale or conveyance by LANDLORD of LANDLORD’S interest in the Leased Premises, LANDLORD shall be released from any future liability under this Lease, with the successor in interest to Lessor to be solely liable to TENANT. 
14. COVID Clause:  The parties recognize that the government’s response to the worldwide COVID-19 virus pandemic may interfere with the short-term rental industry. If, due to any governmental action, Landlord cannot deliver or TENANT cannot travel to the premises then LANDLORD shall provide, at LANDORD’s option, either a refund or a rebooking option to TENANT.
15. Cancellation; If TENANT cannot occupy the premises for the original lease period (“Term”) then TENANT must notify Vacation Rental MV, LLC by email properly replied to by LANDLORD. TENANT is still required to pay all of the lease’s original rent (“Rent”) but not cleaning or taxes. LANDLORD shall then make a good faith effort to re-rent the Term. LANDLORD shall refund to TENANT any funds collected over and above the Rent for the Term, less a cancellation fee of 25%. Refunds shall be made as soon as possible and generally no later than 10 days after the Term.
    TENANT is strongly advised that they should purchase trip insurance to cover their trip (rent, airfare, car rentals, etc.) against a cancellation or travel interruption.  If LANDLORD has provided a “Right of First Refusal” to another party and TENANT has given a deposit of less than 1/2 of the total amount due then LANDLORD may cancel this agreement by returning all funds paid to LANDLORD by TENANT. There are no refunds for a change in the number of occupants.
16. Security Deposits;  LANDLORD may require TENANT to place on deposit with LANDLORD a security deposit to be held in trust against any damage or violations of this lease. The Security Deposit is not to be considered prepaid rent, nor will any damages claimed (if any) be limited to the amount of said security deposit. The security deposit, and/or written accounting of damages, shall be sent to TENANT within 60 days (30 days if this lease shall extend for more than 100 days) of the departure of the TENANT.
17. Lead Paint; The TENANT acknowledges that TENANT has received and executed a short-term rental exemption notification per M.G.L. Ch. 111 Section 199B and Regulations 105 CMR 460.100(D).  The TENANT agrees to indemnify, defend and hold the LANDLORD harmless from all costs, losses, expenses, and claims arising from any personal injury, bodily injury, or death caused by or resulting from the existence of lead paint at the Premises.  The TENANT acknowledges that houses built before 1978 may contain lead-based paint which can be harmful to children under the age of six.  This indemnification will survive the termination of this Lease.
18. Entire Agreement; Modifications. This Lease (including the Tenant Manual and any exhibit or attachment hereto) constitutes the entire agreement between LANDLORD and TENANT with respect to TENANT’s lease of said premises and supersedes any prior agreements or discussions whether written or oral.  No provision of this Lease may be amended or otherwise modified except by an agreement in writing signed by the parties hereto.
19. Severability; If any provision of this Lease or the application thereof to any person or circumstance will be invalid or unenforceable to any extent, the remainder of this Lease and the application of such provisions to other persons or circumstances will not be affected thereby and will be enforced to the greatest extent permitted by law.
20. Vacation Rental;  The LANDLORD and TENANT state that the rental of these premises is for a vacation or recreational purpose as expressed in Massachusetts General Law C. 186 15B (9). Any taxes due are the sole responsibility of TENANT who shall deposit funds with either OTA, LANDLORD, or AGENT to ensure their timely payment.
21. Counterparts and Signatures; This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original as against any party whose signature appears thereon, and all of which will together constitute one and the same instrument.  This Agreement will become binding when one or more counterparts hereof, individually or taken together, will bear the signature of all of the parties reflected hereon as the signatories.  The transmission of a signed counterpart electronically or by Telecopier will be treated as the delivery of the original thereof.
22. Interference; LANDLORD will not be liable for any interference with the quiet enjoyment or view caused by the routine maintenance of the property nor the construction on any parcel of land not owned by LANDLORD.  None of the foregoing events will cause a reduction of the rent or allow TENANT to cancel the Lease.
23. Successors and Assigns; the words “LANDLORD” and “TENANT” as used herein will include their respective heirs, executors, administrators, successors, representatives, assigns, and/or agents and, where applicable, their officers, members, partners, and employees. If more than one party signs as TENANT hereunder, the agreements of the TENANT herein will be joint and several obligations of each such party.
24. Conditions Precedent;  Notwithstanding any provisions herein to the contrary, at the sole option of the LANDLORD, the whole of this Agreement is subject to the condition that LANDLORD will have received good funds from the TENANT by no later than the dates set forth herein for such payments, time being of the essence.  If LANDLORD does not receive such funds LANDLORD will have the right, at its option, to treat this Lease as if it had never been entered into, whereupon neither party will have any rights or obligations hereunder except that LANDLORD will refund to TENANT any amounts of money theretofore paid by TENANT.
25. Deposits; Any deposit(s) paid by the LESSEE shall be held in trust for the LESSEE in a non-interest-bearing escrow account by VACATION RENTAL MV, LLC, and shall not be disbursed to the LESSOR until the LESSEE has taken occupancy of the property under the terms of the Contract.
    Notwithstanding any other provisions of this contract, the parties agree and acknowledge that the performance of this contract is subject to termination without liability if it would be illegal or impossible for either party to perform under the contract. If either party uses this section as a basis for termination without liability, that party shall deliver a written notice to the other party within 10 days of the event causing impossibility. If it becomes illegal or impossible to perform under the contract, the LESSOR shall offer the LESSEE: (1) alternate comparable dates at the same terms and conditions as the original contract to be used within one year of the original arrival date, or (2) a refund, less the following expenses as provided in the contract: Processing Fee and any commissions received before termination of the lease agreement.
26. Interference; LANDLORD will not be liable for any interference with the quiet enjoyment or view caused by construction on any parcel of land not owned by LANDLORD.  None of the foregoing events will cause a reduction of the rent or allow TENANT to cancel the Lease.
27. Indemnification;  The TENANT agrees to indemnify, defend and hold the LANDLORD harmless from any injury, loss, or damage suffered by the TENANT or by any invitee or guests of TENANT that occurs at the Premises or in any common area during the Occupancy Term, except for any injury, loss or damage caused by the gross negligence or unlawful act of the LANDLORD or for which the LANDLORD is statutorily liable.
28. Default;  Upon default by TENANT of any of its obligations hereunder, the LANDLORD may pursue any remedies given in this Lease or under the law.
29. Headings;  The Section headings used in this Agreement are for convenience of reference only and are not to be taken into consideration in the interpretation hereof.

TENANT MUST SIGN THIS AGREEMENT VIA ELECTRONIC SIGNATURE ACCEPTABLE TO THE LANDLORD TO CONFIRM OUR AGREEMENTS.
IF NOT SIGNED VIA ELECTRONIC SIGNATURE TENANT MAY PRINT AND SIGN THIS LEASE.

By: __________________________________________________________        ________{ZCURDAT}______

  Signature of Tenant                          Date

 

By: __________________________________________________________        ______{ZCURDAT}________

  Signature of Tenant – IF 2nd party                                                              Date

             

Booking ID: {BID}
Notes: {BNOTES}

Appendix A Lead Paint

SHORT-TERM VACATION OR RENTAL EXEMPTION NOTIFICATION

 

Signature of Owner or Agent Performing Visual Inspection as of 10/16/2022

Number of Days Rented or Occupied (Not to Exceed 31 Days) unless extended by specific permission of Landlord

Signed by the tenant by using eSigning or by printing, signing, and sending via email

_____________________________________ Signature of Tenant or Occupant with Child Under Six Years of Age (if not electronically signed)	________________________________ Signature of Owner or Agent Presenting Notification to Tenant
Date

If peeling paint is present in the dwelling unit, the owner is not exempt from the obligations of the Lead Law. Any peeling is to be reported to Landlord within 24 hours of noticing such a condition.

THIS FORM MUST BE COMPLETED FOR A VALID EXEMPTION

CLPPP FORM 94-1

Property Address: 80 North Water Street, Edgartown MA 02539

The aforementioned lease is not valid without this form signed, dated, and returned to the landlord.

Appendix B

Bicycle Agreement

The Captain Morse House owns bicycles for the exclusive use of our guests. If you wish to use the bicycles stored at the Captain Morse House during your stay you may do so as long as you agree to these simple rules. If these rules are not agreeable to you then neither you nor any of your guests may use the bicycles and any such use by you or your guests will be considered a violation of your lease.

1.  There are provided locks that should be used whenever the bikes are not in your immediate control. The combination for the locks is 1980.

2.  The tenant aforementioned is 100% responsible for the theft, damage, flats, and routine maintenance. The replacement cost of the bikes is $700 per bike plus accessories.

3.  If a bike is left at the house damaged rather than taken to a shop for repair there will be a charge of  $50  for bringing it in for repair. If there is any damage you must notify me via email.

4.  No one is allowed to use a bike without wearing a  helmet.

5.  Bicycles are not to be used on loose sand. Bikes with sand on the chain or gears will be professionally cleaned by a bicycle shop at a cost of $150.

6.  When not in use all bicycles are to be stored inside their designated storage shed, never outside.

7.  Each person who uses a bike agrees to hold harmless the landlord, Captain Morse House, the Rental Agent, and VCJ Property, LLC and assigns from any injury or accidents to you or others while using the bicycles. 

8.   Each person who uses a bike agrees to inspect the bike for proper operation before use and not to use any bike that is not in good working order concerning shifting, gears, brakes, steering, and other components.

9.     If you notice any pre-existing damage to any bicycle you must report it within 24 hours of your arrival at the house otherwise the bicycles will be considered to be in perfect condition with no prior damage.

Agreed and Accepted by tenant using eSigning or by printing, signing and sending via email or mail
‎
‎
‎Signature _____________________________________________________ Date________________

                       (if not electronically signed)   

Booking ID: {BID} 
Notes: {BNOTES}

{PXADDCLAUSE}

‎TENANT Name:  _{CFULL}   Lease Start Date: {BARRDAY} on {BARR}

Property Manual: {PINSTMAN}

Pet / Animal Addendum Activation

[ ONLY ACTIVE IF A PET FEE HAS BEEN PAID ]

A PET IS ALLOWED ON THE PREMISES ONLY IF A PET FEE IS PAID AND A CREDIT CARD IS PLACED ON FILE.

If a Credit Card is on file and a pet fee paid then this ADDENDUM is ACTIVATED and made a part of this LEASE for BOOKING {BID} made on {ZCURDAT}, 

TENANT has, as of this date, indicated that they are bringing {BNPET} Pets to the premises.

If this PET ADDENDUM is NOT Activated then the Tenant is not allowed to bring a Pet to the premises. See paragraph 3 of the lease above.

Pet / Animal Addendum

TENANT desires to bring his or her Pet (“pet or animal of any description”) onto the PREMISES aforementioned and made part of that certain LEASE for BOOKING {BID},  made on {ZCURDAT}, by and between {POWNERNAME}, the LANDLORD, and ‎{CFULL}, the TENANT for the PREMISES located at {PADDRS}. The RENTAL PERIOD is from {BCHECKINTIME} on {BARRDAY} {BARR} and ending on {BCHECKOUTTIME} on {BDEPDAY} {BDEP}.

LANDLORD is willing to allow TENANT’S Pet onto the PREMISES for the RENTAL PERIOD as long as TENANT observes the following rules and conditions and TENANT agrees to take responsibility for any damages caused by TENANT’S Pet. 

TENANT MUST: 

1. Bring your own water and food bowls, a supply of towels for drying, and bedding.
2. Guarantee their Pet to be clean, to the extent they have been bathed and groomed, nails trim, and hair trimmed appropriately for the breed and the time of year.
   
3. Make sure their Pet is free of ticks and fleas. The area is loaded with these insects. Pets should have been taking anti-flea and tick medication or wearing fresh medicated collars.
   
4. Make sure their Pet is current for all vaccinations for rabies, distemper, and any other vaccinations required by Massachusetts law.
   
5. Keep their Pet off of any furniture in the PREMISES.
   
6. Keep their Pet out of neighbors’ yards.
   
7. Keep their Pet from chewing rugs or furniture on the PREMISES or using furniture as a scratching post.
   
8. Do not leave pets alone and unattended inside the PREMISES unless secured in a pet crate.
   
9. Keep their Pet from urinating, defecating, disturbing, or digging in the yard.
   
10. Keep their Pet from barking to the extent that they disturb the tranquility of the PREMISES or NEIGHBORS.
    
11. Pick up after their Pet, any waste or excrement. Owners should dilute any urine expelled onto the grass to avoid grass burns.
    
12. Not willingly allow their Pet to enter the PREMISES if they are wet and/or dirty. Paws and coats must be free of sand after a trip to the beach.
    
13. Generally be responsible for any action by their Pet that disturbs the tranquility of the PREMISES which includes and is not limited to, attacking or acting aggressively towards people, neighbors, neighbors’ pet(s), visitors, contractors, wildlife, vehicles either on the PREMISES or elsewhere while staying at the premises.
    

TENANT agrees that any additional cleaning and/or repair and replacement charges incurred as the result of damage caused by TENANT’S Pet will be deducted from the SECURITY DEPOSIT and that such additional charges may not be limited to the amount of the SECURITY DEPOSIT. 

1. Entire Agreement; Modifications. This Lease (including the Tenant Manual and any exhibit or attachment hereto) constitutes the entire agreement between LANDLORD and TENANT with respect to TENANT’s lease of said premises and supersedes any prior agreements or discussions whether written or oral.  No provision of this Lease may be amended or otherwise modified except by an agreement in writing signed by the parties hereto.
2. Severability; If any provision of this Lease or the application thereof to any person or circumstance will be invalid or unenforceable to any extent, the remainder of this Lease and the application of such provisions to other persons or circumstances will not be affected thereby and will be enforced to the greatest extent permitted by law.
3. Other Laws;   Wherever applicable this agreement does not alter or replace any local, state, or federal laws applying to properly licensed or documented Assistance Animals when brought with notice to the premises.

TENANT MUST SIGN THIS AGREEMENT VIA ELECTRONIC SIGNATURE ACCEPTABLE TO THE LANDLORD TO CONFIRM OUR AGREEMENTS. IF NOT SIGNED VIA ELECTRONIC SIGNATURE TENANT MAY PRINT AND SIGN THIS LEASE.

 

By: ___________________________________________________________________________

      Signature of Tenant (if not electronically signed)                                                           Date

BOOKING ID:{BID}

Ver: VCJ Prop Rev: 2023-03-07