Seasonal Lease Contract
THIS AGREEMENT, entered into this <day> day of <month>, <year> between
<property owner name>
<house numer> <street>, <town>, <state>, <country>, <zip code>
hereinafter called the LANDLORD,
<house numer> <street>, <town>, <state>, <country>, <zip code>
hereinafter called the TENANT.
Landlord does lease unto the Tenant the property described as:
<town>, <state> <zip code>
in <town> – <community>.
TO HAVE AND TO HOLD said property beginning at 4:00 pm on <arrival month> <day>, <year> and ending at 10:00 am on <departure month> <day>, <year> . Tenant agrees to pay the following sums:
Rental Fee $ per confirmation
Application Fee $tbd
Departure Cleaning $tbd
Sub Total Rent $tbd
Sales & Bed Tax $tbd
Service Fee Booking Channel $tbd
Security Deposit (refundable) $tbd
Total Balance Due$tbd
The Total Rent, Tax and Security Deposit shall be payable as follows:
<month> <day>, <year> (paid)$tbd
<month> <day>, <year> (paid)$tbd
A late charge in the amount of the greater of $25.00 or five percent (5%) of the face value for each lease payment made more than 5 days after due date will be charged to tenant. Payments must be made with U.S. funds only by checks or wire transfer. All bank fees are payable by the Tenant.
All monies due hereunder shall be payable to Mayr & Company Realty – Escrow Account (“Rental Agent”) at 4761 West Bay Blvd, Suite 305, Estero, FL 33928. Telephone 239-213-8322 (direct) or 239-300-7879 (office).
The Landlord agrees to pay the following charges: All utilities, trash pick-up, water/sewer, wireless internet, basic cable, lawn and pool maintenance, property maintenance fee and interior maintenance.
The Tenant agrees to pay for the following on top of rent: Taxes on the period leased (both state and tourist tax), transfer and application fees, departure cleaning fee.
TENANT REPRESENTS AND WARRANTS TO LANDLORD, AND LANDLORD ACKNOWLEDGES AND AGREES, THAT IT IS THEIR INTENTION THAT TENANT'S OCCUPANCY WILL BE SEASONAL AND TEMPORARY.
THE PARTIES FURTHER AGREE AS FOLLOWS:
The Tenant accepts the property in present condition and agrees to keep it clean and in good state of repair. Tenant will inspect and notify Broker within 2 business days of any defects inside of the property noticed. Tenant agrees to replace all articles of personal property damaged or broken during the lease, pay the cost of repairing any damage to the property caused by the use or negligence of the Tenant or Tenant’s guests, and at the termination of this lease to promptly surrender the property to the Landlord in as good condition as said property was at the execution of this Lease, ordinary wear and tear and loss or damage by fire or acts of God excepted. Landlord acknowledges that there is a difference between damage and normal wear and tear and that the Tenant shall not be charged for normal wear and tear caused by normal every day usage.
The Property will only be occupied by Tenant’s family consisting of <amount guests> persons and periodical guests. All occupancy must be in accordance with any applicable homeowner’s association rules and regulations.
For the duration of the lease any notices and demands to the Tenant shall be given to the property address, then to his home address. Any notices or demands to the Landlord shall be given to the Landlord in care of Mayr & Company Realty, 4761 West Bay Blvd, Suite 305, Estero, FL 33928, or via Agent's Alexander Mayr’s email address supplied to Tenant.
No part of the property will be sublet to others nor shall this lease be assigned or transferred in any way without the written consent of the Landlord.
Pets are only allowed on the property with owner approval.
Smoking is not permitted by tenants nor their guests under any part of the Total Square Footage of the premises as not permitted by the Landlord.
Landlord, his agents and employees shall have the right to enter the property at all reasonable times and upon reasonable notice for the repair, improvement, care and management of the property, and for the purpose of showing the property to prospective tenants or buyers with adequate notice of 24-48 hours.
Landlord shall have the property professionally cleaned at the Landlord's expense, prior to the Tenant's arrival and agrees that Rental Agent may make arrangements for such cleaning. Any additional cleaning is to be paid for by Tenant, who will be charged against the security deposit placed on this property.
Upon departure, the property will be professionally cleaned at the Tenant's expense.
Tenants are to report any property defects noticed within 2 business days after their arrival. Upon departure, the property will be professionally cleaned at the Tenant’s expense from the cleaning fee collected. If ADDITIONAL cleaning is necessary or charges incurred for carpet and upholstery cleaning, it is agreed by the parties to come out of the security deposit, if necessary, at the end of the lease.
The Security Deposit shall stand as security for Tenant’s performance of all lease obligations. The Landlord shall notify the Tenant by certified mail of any claims against the security deposit within fifteen (15) days of lease expiration as required by Chapter 83 of the Florida Statutes. After all claims have been decided, the reminder of the security deposit shall be returned to the Tenant within thirty (30) days of the owner's notice of intention to impose a claim for damages. The Rental Agent is irrevocably authorized to deduct and pay from the security deposit any telephone, or other unpaid bills of the Tenant relating to Tenant's occupancy. The Rental agent shall have no liability to either party, other than gross negligence, or misdelivery of the security deposit. The security deposit and exit cleaning fee will be held by Mayr and Company Realty, LLC in a non-interest bearing Escrow account at Bank of America in Naples, FL 34108.
NOTE. Additional pool heating can be requested at time of booking or direct with owners on a day by day basis upon arrival. Please understand that it is not possible to guarantee the temperature of the pool which to some degree is dependent on the local weather. Gas heat pumps are more efficient at heating the water of pools and spas in all temperature ranges. Typically, a swimming pool at a vacation home in Florida that is heated by a gas heat pump will heat to the operating temperature (75-85 degrees Fahrenheit) within 1 day. Spa pools will warm to their operating temperature within 15 minutes. Guests should note that on vacation homes offered with gas heated pools, the pool heat charge is higher than on electrically heated units as the fuel costs are higher. Electrically heated pumps will warm a pool on a Florida pool home to the operating temperature of 75-85 degrees Fahrenheit in 24-48 hours - depending upon the ambient air temperature. Please note that electrical pool heaters utilize a heat exchange pump. If the outside temperature at your vacation home drops below 55 degrees Fahrenheit, then the pool heater will not operate, and the pool will not be heated. If the overnight temperature drops below 50, the pool may not be able to return to the operating temperature range during the following day. If the temperature drops to 50 degrees or less, this temperature cannot be guaranteed as the pool heaters will not be very effective. In this event, NO refund will be given to the guests. A display showing the daily temperature high and low is available at the rental office for guests during pool heat season. Guests should also note that spa pools provided on vacation homes with electric heat pumps are not hot-tubs, and are not always designed to heat higher than the temperature of the pool. If a guest specifically wishes to have a hot-tub, then they should select a vacation home from our range that has a gas heater and spa pool. All tenants should note that pool heat cannot be guaranteed, as sometimes mechanical devices fail, or environmental factors will not allow the pools to be heated. Guests must notify the rental agent of failure of pool heat on the day, so that the temperature or the equipment can be checked by personnel. In the event that pool heat purchased by the guest fails to heat the pool to the specified temperature range between 75-85 degrees Fahrenheit, the landlord will refund the pool heat for the days it is not provided on request. Guests who book their vacation rental through the owner will need to contact the owner for clarification of the owner’s policy on pool heating.
NOTE: Guests are not permitted to interfere with the workings of the pool nor are they allowed to change any settings that control the pool heat. The pool heat is set at a temperature that is suitable for the Floridian climate. If guests have concerns regarding the pool or the temperature they must contact the Management Company to address these concerns. Random inspections of the pool controls will be made by the Management Company, if there is any evidence found that these have been tampered with, this will warrant the complete with holding of the guests security deposit
Tenant agrees to indemnify and hold harmless the Landlord and Rental Agent from claims, suits or damages of any kind, from or related to any acts or omissions of Tenant or Tenant's guests. Tenant agrees to indemnify and hold Rental Agent and its employees harmless from damages and losses unless due to Rental Agent's gross negligence. Tenant agrees to look solely at the Landlord in the event of a legal dispute regarding this agreement or the premises.
The property is a private owned home and used personally by Landlord and his family. Therefore Landlord's liability for injuries Tenant or his guests suffers during the rental period in said property upon body, health or life is waived by Tenant.
Tenant’s personal property kept upon the property, or in any storage rooms or other areas, shall be kept there at the sole risk of the Tenant and the Landlord shall, in no event, be liable for any loss, destruction, theft of, or damage to, such property. The Tenant shall be responsible for procuring its own insurance to cover against liability and against the possibility of such loss.
It is unknown, if there are hazards that affect the premises. Broker does not have the technical expertise to advise you of their significance or to ascertain whether they are present or not. Hazardous substances in homes can include cleaning chemicals, paint, lawn and garden chemicals and a variety of indoor air pollutants that can accumulate in improper ventilated buildings. Hazardous substances outside of homes include those found in contaminated land, water, landfills or other disposal sites, and industrial air and water emissions. Some of the more common hazards are asbestos, ground water contamination, lead based paint, urea formaldehyde, foam insulation (UFFI) mold, mildew and radon gas. Any property build prior to 1978 may contain a lead-based paint hazard.
RADON GAS: Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from your county public health unit. Broker makes no representations about the existence of Radon Gas on the subject premises.
Tenant shall keep the property in a neat and clean condition and shall undertake regular housekeeping at Tenant’s expense where so required. Tenant shall properly dispose of all trash in containers provided. Tenant shall not store boats, motorcycles, scooter, trailers, RV’s or inoperable vehicles on the property. Tenant will have access to the garage for up to two cars, furthermore there is ample parking space on the driveway for two cars. Tenants may store bicycles inside of the garage during their stay.
Landlord shall be responsible for maintaining and repairing the structural components of the residence including appliances, functioning electrical wiring, outlets, and plumbing in reasonable working condition. Landlord shall be responsible for repairing major appliances provided by the Landlord unless such repair is a result of the Tenant’s misuse. Landlord shall not, however, be required to begin the making of any maintenance or repairs unless and until the Tenant has given notice to the Landlord of the nature of the repairs needed.
Landlord acknowledges this lease was procured by Mayr & Company Realty, LLC with commission due according to agreement with Broker. Landlord agrees to recognize Mayr & Company Realty as the procuring cause of any extensions or options exercised by paying an agreed for the lease term(s). Tenant acknowledges that the undersigned broker is paid by the owner in respect to this lease and therefore there is an agent/brokerage relationship with the owner. The tenant acknowledges such an agreement and relationship by signing this agreement.
In the event that the above-described property is sold during the term of this lease, the sale shall in no manner affect the rights and privileges given the Tenant in this lease, including the right to occupy the property for the full term of the lease. Upon any such sale, Landlord may transfer the security deposit and any prepaid rent to the benefit if the new owner, in which case the new owner shall be solely responsible to the Tenant for any lease obligations accruing thereafter.
If the property is sold by the Landlord to the Tenant or to any entity controlled by the Tenant, during the term of this lease or during any extensions or renewals of this lease, or within one (1) year thereafter, Rental Agent shall be deemed the procuring cause of such sale ant the Landlord will pay Rental Agent a commission in the selling price equal to six percent (6%) of the sales price unless otherwise agreed.
Should the property be substantially destroyed or damaged by fire, hurricane or other casualty so as to be unfit for occupancy or use, then this lease may be terminated by either party and rent shall only be paid to the date of casualty.
Rental Agent shall not be liable to either party for the condition of the property or for its failure to discover any defects in or damage to the property. Any inspections provided by the Rental Agent shall be made as an accommodation to the parties and Rental Agent shall have no liability for the same. If Rental Agent is in doubt as to the party entitled to receive the security deposit or prepaid rent, Rental Agent may interplead the disputed sum with the local court and be paid its costs and attorney's fees in connection with such interpleader.
Tenant shall comply (if applicable) with the rules and restrictions of the Homeowner’s Association and Master Association respectively. Landlord shall not be responsible for any utility interruptions, surges or failures.
Tenant covenants and agrees that if default shall be made in payment of the rent as aforesaid, or if said Tenant shall violate any of the covenants of this lease, then the said Tenant shall become Tenant at sufferance, hereby waiving all rights of notice and the Landlord shall be entitled to immediately re-enter and retake possession of property.
Bookings canceled at least 60 days before the start of the stay will receive a 100% refund (minus $295.00 cancellation fee to Rental Agent). If Tenant cancels less than 30 days prior to move-in, then Landlord (through his Rental Agent) will attempt to find another tenant for the unexpired term of the lease. If no replacement tenant is procured, all monies will be due and paid deposits will be forfeited to Landlord. If a new tenant is procured, Landlord will credit against the balance due from tenant any rentals received from the new tenant for unexpired term of the lease (less any commission's payable plus $295.00 service fee to Rental Agent). If Landlord receives more than the amount due under this lease, landlord shall refund to Tenant such excess up to the amount prepaid by Tenant.
Landlord may cancel this agreement at least 90 days prior to check-in date and all advanced funds will be refunded to Tenant. Owner or Rental Agent shall not be responsible for any cost Tenant may occur for travel or other arrangements in the event of cancellation by Landlord or Tenant.
Time is of the essence in respect of all time periods contained in this agreement.
The security deposit and all rent shall be paid to Rental Agent. Rental Agent shall deposit the same into a non-interest bearing escrow account.
In the events any claims and/or disputes arise from this contract, said dispute shall be governed by the laws of the State of Florida and decided by its courts. Should it become necessary for Landlord or Rental Agent to employ an attorney to enforce the terms and conditions of this agreement, Tenant shall be responsible for all cost and attorney fees including, but not limited to: an in house attorney of the broker whether or not a suit is filed.
The singular number will be construed to mean the plural when the context hereof shall so require. If any provision of this lease should be found to be unenforceable, the remaining clauses shall still be of full force and effect. This lease shall only be effective when it is signed by the Landlord and Tenant.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the dates set forth herein below.
TENANT SIGNATURE Date
TENANT SIGNATURE Date
LANDLORD SIGNATURE Date
LANDLORD SIGNATURE Date
Mayr & Company Realty, LLC
Licensed Broker: Alexander & Tina Marie Mayr
The following general procedures are common when reserving a property for the season:
Your vacation property is a privately-owned residence. The owner and management appreciate your cooperation in maintaining the home and surrounding property in the best condition possible. Please familiarize yourself with the Rules and Regulations you have received.
Key Pick up – We will advise you prior to your arrival as to the location for key pick-up.
Please let us know if you will be arriving. We will make arrangements for pick up at one of our other offices, or will meet you with your keys.
Check-In Time is 4 :00 PM. This is to ensure that the cleaning services have adequate time to clean your vacation residence. You will find a card in your vacation property indicating the company responsible for cleaning the unit and their telephone number. Please contact them with questions regarding the cleaning upon your arrival. If you would like to arrange for additional cleaning during your stay, please contact them directly for rates and scheduling.
Check-Out Time is 10:00 AM thus allowing time to ready the property for the next tenant. If you plan on checking out earlier, we would greatly appreciate a call, so that we may schedule an earlier cleaning.
Key Return – Please return keys to the proper agent. If departing before or after business hours, please contact us and we will make arrangements.
Upon Departure – Please leave your vacation residence as neat as possible.
Please inform us immediately if any carpet stains occur. PLEASE DO NOTattempt to clean them. The use of the wrong cleaning agent may set stains and cause more damage.