Once you select your home, you will be provided with payment options. You can select from 1, 2, 3 or 4 installments, depending on how close to arrival you are booking. Click here for details about our Easy Payment Installment Plans.
Your signed lease and initial payment amount is due in our office within 2 days from the reservation date. If we do not receive your deposit and signed or e-signed lease within 2 days, your reservation will be cancelled.
The balance of your rental money is due in our office at least 30 days prior to your arrival. Your copy of the lease agreement is your final billing notice. You will not receive another balance due notification prior to arrival, so please mark your calendar.
If you are making a reservation less than 30 days in advance, we require payment within 24 hours of making the reservation. Payment methods for reservations made less than 30 days in advance are restricted to credit and debit cards. We cannot accept personal checks within 30 days of your arrival date.
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Methods of Payment:
Surf or Sound Realty accepts personal checks, cashier's checks, certified checks, money orders, debit cards and credit cards (VISA, MasterCard and Discover). A $75+tax convenience fee is charged for credit card payments.
If you are making a reservation less than 30 days in advance, we require payment within 24 hours of making the reservation. Payment methods for reservations made less than 30 days in advance are restricted to credit and debit cards. We cannot accept personal checks within 30 days of your arrival date.
Reservations made from outside the U.S. also require confirmation by credit card and electronic signature or fax. Payment must be made in U.S. funds via credit card or by debit card, money order or cashier's check payable by a U.S. bank.
All advance rent monies will be deposited in an interest bearing trust account with First National Bank located at 41934 Highway 12, Avon, NC with interest accrued to Surf or Sound Realty.
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Partial Week Rentals:
The majority of our homes are available for partial week reservations (3 nights minimum). Partial week rentals may only be reserved within 7 days of arrival for stays between Memorial Day and Labor Day and within 14 days of arrival for all other times of the year. The rates for 3, 4 and 5 night stays are 60%, 75% and 90% of the non-discounted weekly rate respectively. (Security Deposit, Pet Fees and Vacation Rental Protection Plan remain the same) The rate for 6 nights is the same as the weekly rate. The minimum rental rate for any stay is $375.
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Taxes and Fees:
A 6.75% state sales tax and a 6% county occupancy tax are required on all rents and other fees associated with the reservation except Travel Insurance and the Vacation Rental Protection Plan. Taxes are subject to change without notice.
A non-refundable Home Service Fee of $95 to $1,195 (based on number of bedrooms), plus tax, is applied to each reservation to offset the cost of cleaning to ensure your home is guest-ready.
The only other charges are optional such as insurance, dog fees, pool heat or credit card fees if you elect not to pay by check or debit card. This is just one more way we are trying to make booking your vacation with us simple and care-free.
Vacation Rental Protection Plan:
Knowing there is coverage for accidents will help you relax and enjoy your vacation. In lieu of a $5,000 cash security deposit, we provide a Vacation Rental Protection Plan. This non-refundable $95 plan covers accidental damage within the home with a coverage limit of $5,000. It does not cover theft or willful misconduct. You must notify Surf or Sound Realty of any damage that occurs during your occupancy or this coverage will be void. Coverage is effective at time of check-in and ends at time of check-out.
Vacation Rental Protection Plan insurance is provided by Tern Financial Group, Inc. Surf or Sound Realty receives a commission from the insurance company.
Click here to read what our lease says about accidental rental damage insurance.
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Family Groups and Age Requirements:
Homes are rented to family groups only. No fraternities, sororities, church, school, civic, or other non-family groups are permitted. Additionally, all family members less than 27 years old must be supervised by at least two accompanying adults 35 years of age or older at all times during the tenancy.
Click here to read what our lease says about family groups and age requirements.
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Many of our homes allow dogs to come with you on vacation. Towards the end of the bulleted amenities list for each home, we indicate if the home is Dog Friendly or Pets not Permitted. Those marked as Dog Friendly allow one housebroken dog, unless additional dogs are pre-approved at time of reservation. A $200 per week non-refundable Dog Fee (plus tax) is required for each approved dog. All additional dogs must be approved and may require additional paperwork. Any other pets on the premises of a “Dog Friendly” home or any pet on the premises of a non-“Dog Friendly” home is strictly prohibited, a material breach of the lease, and grounds for expedited eviction and forfeiture of all rents and fees paid. Any non-declared pets in “Dog Friendly” homes will be charged the $200 per week non-refundable dog fee as well as a $200 non-declared pet fee, for a total of $400 per dog. Bringing a pet into a non-“Dog Friendly” home will incur the same $400 fee per dog plus the cost of flea treatment and carpet and upholstery cleaning. All such fees and costs will be charged to the payment method on file. All dogs, including approved dogs, are strictly prohibited in the pool and spa.
Click here to read what our lease says about pets.
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ALL GUESTS MUST CHECK OUT BY 10:00 A.M. If you check out before our office opens, please leave the keys in our drop box.
If your rental home offers Keyless Entry, you do not even need to stop by our office on your way out. We do ask that you please call the office to let us know you have vacated the property.
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Mail and Packages:
For liability reasons, we can no longer accept shipments of packages to our offices on our guests’ behalf. Please coordinate deliveries to occur at your rental home while you are here. The street address for your home can be found on the property details page of your rental home on our website. Thank you for your understanding.
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If you are renting a home that does not provide linens for the dates of your vacation, you don't need to purchase or pack linens. You can rent bed linens and bath towels for your stay from Surf or Sound Linens, and have them delivered to your home for your check-in.
Place your order conveniently online at:
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Some of our owners expressly request that guests not smoke at their homes. This is primarily due to health complications that they or family members have associated with residue left from cigarette, cigar, or pipe smoke. Please do not reserve a non-smoking home if anyone in your party smokes. If our cleaning/inspection staff detects evidence of smoking within a non-smoking home, then the entire cost of cleaning and deodorizing will be charged to the credit card on file.
Click here to read what our lease says about smoking in a non smoking home.
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Surf or Sound offers a mid-week cleaning service with 24 hours advance notice. This service is available Monday through Friday. The fee for this service ranges depending upon the size of the home. Mid-week cleaning for hot tubs and pools is also available. The fee for mid-week cleaning of hot tubs is $75.00 + tax ($80.06), the average mid-week cleaning for a pool is $100.00 + tax ($106.75).
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Our homeowners provide telephones for your convenience and safety. Most are equipped with blocks to prevent long distance calls without the use of a calling card. In no event should guests charge or accept a long distance call on the cottage phone. A $20 collection fee will be added to any toll call that appears on the owner's bill for the dates of occupancy and will be charged to the credit card on file.
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RVs, Campers and Tents:
RVs, campers, camping trailers, tents or other accommodations of any type are not permitted on the premises of your rental home. Contact our office if you need to find parking for any vehicles or trailers matching these criteria.
Click here to read what our lease says about mobile homes, tents, RVs and campers.
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If you should have to cancel your reservation for any reason, please email email@example.com immediately. Your cancellation request must be submitted in writing. We will make every effort to re-rent the home, but if we are unable to do so, the full rental amount, including taxes and all applicable fees, is due and payable. If we re-rent the home at your same rental rate all monies you’ve paid (less the $200.00 cancellation fee, Travel Insurance Plan premiums, if purchased, late fees, credit card fees, if charged, and all applicable taxes) will be returned only if and when full payment is received for the new reservation. Tenant agrees to make all normally scheduled payments by the payment due date until the home is re-rented, including those payments automatically scheduled per a selected payment plan. Tenant understands and agrees that they may not assign this agreement to another party or sublet the home in whole or part. In order to re-rent the home for you it may be necessary to reduce the rental rate. We reserve the right to adjust the rental rate for the sublease at our discretion. Any discounts in the rental rate will reduce your refund. This cancellation policy does not apply to pre-reservations.
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There are no refunds due to the failure of non-essential items such as internet, cable, air conditioners, hot tubs, pools, TVs, washer/dryers, dishwashers, microwaves or other convenience items. However, we will make every reasonable effort to have such items repaired as quickly as possible.
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Hurricanes, Evacuations and Inaccessibility:
Evacuation and Travel Insurance:
Our policy, like those of other rental companies on the Outer Banks, is that we provide no refunds due to voluntary or mandatory evacuations, as a result of man-made events, acts of nature, or inaccessibility for any other reasons such as road closures, suspension of ferry service, etc.
Instead, we strongly recommend the purchase of travel insurance as noted during the booking process. The insurance amount is shown during your booking process and on your lease and is non-refundable. You may elect coverage by selecting it in the booking process and paying the adjusted amount. Insurance cannot be purchased after final payment has been made. Coverage will not be provided if you purchase the plan after the hurricane has been named by the National Weather Service. Surf or Sound Realty receives a commission from the insurance company. The Travel Insurance terms and conditions are made and administered by the insurer (please refer to a copy of their Insurance Policy for specific information).
We offer travel insurance to protect your vacation investment. You can purchase travel insurance from RedSky when booking a reservation. The cost will be included in your initial payment. We are here to help you with any questions about adding travel insurance to your vacation but, we cannot guarantee coverage. If you have questions about coverage, please contact RedSky at 866-889-7409.
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TERMS AND CONDITIONS
This is a vacation rental agreement under the North Carolina Vacation Rental Act, which can be found in Section 42A of the North Carolina General Statutes, and many of the terms and conditions of the agreement are governed by those statutes. Surf or Sound Realty strongly encourages you to read the Act, which for your convenience may be found on our web site (www.surforsound.com). Also, incorporated within this agreement by reference, in addition to the terms set forth below, are the “Standard Terms and Conditions of Surf or Sound Realty” and “Rental Policies”, copies of which may be found on our website (www.surforsound.com). The “Standard Terms and Conditions of Surf or Sound Realty” contains information regarding (I) the manner in which funds are received, deposited, and disbursed in advance of Tenant’s occupancy of the Premises (II) administrative fees permitted under G.S. 42A-17(c) (III) the rights and obligations of the Landlord and Tenant under G.S. 42A-17(b) (IV) the applicability of expedited eviction procedures (V) the rights and obligations of the Landlord or real estate broker and the Tenant upon the transfer of the rented Premises (VI) the rights and obligations of the Landlord or real estate broker and the Tenant under G.S. 42A-36 and (VII) miscellaneous obligations of the Landlord and Tenant. North Carolina law shall govern this agreement.
1. The Premises are offered without respect to the race, color, religion, sex, national origin, handicap, or familial status of any party or prospective party to the Agreement.
2. Advance Rent Payments Tenant understands and agrees that advance payments up to 50% of the rental amount may be disbursed to the property owner (Owner) prior to occupancy. Monies received for insurances and other fees due Agent may be disbursed prior to occupancy. All monies received by Agent in connection with rental of Premises are deposited in an interest-bearing trust account with First National Bank, PO Box 770, Avon, NC 27915 with interest payable to Agent. Agent is not liable to Tenant for any refunds that Owner does not return to Agent.
3. Cancellations If you wish to cancel your reservation after we have received your initial payment, your cancellation must be in writing. We will make every effort to re-rent the Premises, but if we are unable to do so, the full rental amount, including taxes and all applicable fees, is due and payable. If we re-rent the Premises at your same rental rate all monies you’ve paid (less a $200.00 cancellation fee, Travel Insurance and Vacation Rental Protection Plan Insurance premiums, late fees, credit/debit card fees, and all applicable taxes) will be returned only if and when full payment is received for the new reservation. Tenant agrees to make all normally scheduled payments by the payment due date until the Premises are re-rented, including those payments automatically scheduled per a selected payment plan. Tenant understands and agrees that they may not assign this agreement to another party or sublet the Premises in whole or part. In order to re-rent the Premises, it may be necessary to reduce the rental rate. Agent reserves the right to reduce the rental rate for the sublease at its own discretion. Any reductions in the rental rate will reduce your refund.
4. Payments We do not send out billing notices. If a payment is not received by its scheduled due date in accordance with this lease, a $35 plus tax late fee will apply and we will consider the lease breached. We may also cancel the reservation and re-rent the Premises (see paragraph 3 “Cancellations”). Checks should be made payable to Surf or Sound Realty. Agent will charge a $75 plus tax convenience fee for all credit card charges, and checks returned unpaid. Tenant specifically agrees that the signing of this Lease and initial payment constitutes acceptance of all Terms and Conditions, makes this Lease contractually binding and completes this purchase. Tenant agrees that purchase takes place at time of payment, not at time of possession/occupancy of the Premises. TENANT SPECIFICALLY WAIVES ALL RIGHTS TO CREDIT/DEBIT CARD CHARGE BACKS.
5. Taxes A 6.75% state sales tax and a 6% county occupancy tax are required on all rents and other fees associated with the reservation except for Travel Insurance and Vacation Rental Protection Plan Insurance premiums. Taxes are subject to change without notice.
6. Vacation Rental Protection Plan Purchase of this $95 plus tax plan is mandatory and excludes the Tenant from paying for damage to Premises deemed accidental in the sole discretion of Surf or Sound Realty. The fee does not exempt Tenant from theft, intentional damage, gross negligence or unauthorized utility charges. If there is previous damage to Premises, it must be reported to our office upon Tenant’s arrival or Tenant will be held responsible. Tenant must notify Surf or Sound Realty of any damage to Premises during their occupancy. Tenant shall be responsible for all unreported damages and any items found missing from Premises following their occupancy. Damages not covered by this insurance, including unauthorized utility charges, including satellite and cable television, will be the responsibility of the Tenant. Tenant hereby authorizes any such costs or charges to be charged against the credit/debit card used to make any previous payments associated with this reservation. Vacation Rental Protection Plan insurance is provided by Tern Financial Group, Inc. Agent receives a commission from the insurance company.
7. Check-In Check-in time is 4:00 pm - 6:00 pm. To avoid delays in cleaning and inspection of the Premises, it is essential that you do not go to the Premises before it is ready for occupancy and you have received the KABA door entry code. Taking possession of the property before it is released for occupancy will result in additional delay. Surf or Sound Realty makes every effort to prepare all units for occupancy by 6:00 pm. However, due to our high standard of cleanliness, it may be necessary to delay check in until after 6:00 pm, especially during times of high demand. Tenant understands and agrees that there will be no refund or discount for such late occupancy.
8. Early Check-In Availability is limited. Agent offers a limited number of early check-ins each week. If approved, the non-refundable early check-in fee is $200-$600 plus tax. Approved Tenants will gain access to a minimum of the lowest living area of the home and pool area (if applicable), including use of a full bathroom and a refrigerator by 1:00 pm on check-in day. If there is no refrigerator or full bathroom on the lowest living level, Tenant will have access to the next nearest bathroom and kitchen refrigerator.
9. Home Service Fee A non-refundable home service fee of $95 to $1,195 plus applicable taxes, is applied to each reservation.
10. Check-Out Our cleaning and inspection staff depends upon your timely departure so they can prepare the Premises for the next scheduled Tenants. Tenant is responsible for removing all personal belongings and completion of the check-out procedures. Premises must be vacated by 10:00 am on the day of check-out or Tenant will be in material breach of this agreement as well as subject to a late check-out fee of $200.00 per hour. In the event Tenant does not check out on the scheduled check-out day, Tenant will be charged the full rent for the next rental week and subject to immediate expedited eviction. Items left by Tenant on the property after check-out are not the responsibility of Agent. Tenant hereby authorizes any such costs or charges due under this paragraph to be charged against the credit/debit card used to make any previous payments associated with the reservation. No refunds will be given for early departure.
11. Occupancy The maximum number of guests permitted may not exceed the intended occupancy of the Premises. The hosting of parties, which would increase maximum occupancy at the Premises, is a violation of the vacation rental agreement. Occupancy limits are strictly enforced. Over-occupancy constitutes a material breach of this agreement and is subject to immediate expedited eviction and forfeiture of all rents and fees paid.
12. Rules of the House Tenant hereby acknowledges that they have read the terms and conditions of this Agreement as set forth herein, the “Standard Terms and Conditions of Surf or Sound Realty” and “Rental Policies” as can be found on our web site (www.surforsound.com) and agree to be bound by all terms and conditions contained therein.
13. Family Groups and Age Requirements Surf or Sound Realty rents to Family Groups only. A family group is defined as immediate and extended family (parents, children, grandparents, siblings). No fraternities, sororities, college, school, church, civic or other non-family groups are permitted. Additionally, all family members less than 27 years of age must be supervised by at least two accompanying adults 35 years of age or older at all times during tenancy. The supervising adults must also be present at check-in and remain for the duration of tenancy. In the event Agent determines at check-in or thereafter that Tenants are not a family group or do not meet the specified age requirements, Tenant will be in material breach of the lease and will be denied access to the Premises or be subject to immediate expedited eviction and will forfeit all rents and fees paid to Surf or Sound Realty. Tenant agrees to furnish proper photo identification upon request to verify that they are the Tenant as set forth herein, that they are a family group, and that they meet the specified age requirements. These rules are strictly enforced!
14. Animals Animals of any kind are not permitted at most of our homes. Most homes allowing dogs only permit two housebroken dogs (restrictions may apply) unless additional dogs are disclosed and pre-approved at time of reservation. An additional $200 per week non-refundable dog fee plus all applicable taxes is charged for each approved dog. Any non-declared or unapproved dogs will be charged the standard $200 per week non-refundable dog fee as well as a $200 per week non-declared dog fee for a total of $400 per dog per week plus applicable taxes. The dog fee may not be removed from the reservation or otherwise refunded after check-in. A dog or animal of any kind on the Premises of a non-dog house is absolutely prohibited, a material breach of this agreement, grounds for immediate expedited eviction, will cause forfeiture of all rents and fees paid, and will be subject to the same $400 per dog per week fee as wells as the cost of full carpet cleaning and flea treatment. This rule is strictly enforced! Agent reserves the right to inspect Premises without notice to verify compliance. Dogs are strictly prohibited in the pool or spa.
15. Smoking/Vaping in a Non-Smoking/Vaping Home Almost all homes are non-smoking/vaping. If any member of your vacation party smokes or vapes, we respectfully request that you not reserve a non-smoking/vaping home. If our cleaning/inspection staff detects evidence of smoking/vaping within a non-smoking/vaping home, Tenant will be responsible for the entire cost of cleaning and deodorizing and hereby authorizes any such costs to be charged against the credit/debit card used to make any previous payments associated with this reservation. Non-smoking/vaping rules are strictly enforced.
16. Mobile Homes, Tents, RVs, and Campers No mobile homes, trucks with campers, camping trailers, tents or other accommodations of any type are permitted on the Premises during tenancy. Violation of this rule is a material breach of the agreement and grounds for immediate expedited eviction.
17. Electric Vehicle Charging No charging of electric vehicles is permitted at the Premises unless an EV charging station is listed as an amenity for the Premises on our website (surforsound.com). Tenant agrees to pay an additional $500 fee plus taxes for each unauthorized incident of electric vehicle(s) charging at the Premises, i.e. – two charges to one EV or one charge to two EVs would result in a $1,000 fee. Agent will have absolute and sole discretion in determining if a violation has occurred and Tenant hereby authorizes any such fees to be charged against the credit/debit card on file used to make any previous payments associated with this reservation.
18. Weddings, Receptions, and Events No weddings, receptions, parties, events, or other large gatherings, which would exceed the intended occupancy of the Premises, are permitted unless pre-approved in writing by Agent at time of reservation. A cash security deposit and event fee will be charged for all approved events. Violation of these terms may result in immediate expedited eviction without refund per the N.C. Vacation Rental Act.
19. Construction New homes are constructed regularly in our area. There are no refunds or discounts given for construction occurring near or adjacent to the Premises. Dare County’s noise ordinance is enforceable from 11:00 pm to 7:00 am.
20. NPS Access Restrictions The beaches of Hatteras Island are part of Cape Hatteras National Seashore and under the jurisdiction of the National Park Service (NPS). Beach closures by NPS, including but not limited to seasonal closures for wildlife protection, government shutdown, beach re-nourishment, or adverse conditions can occur. No refunds or relocation will be granted for such events. Boardwalks and docks, if damaged, may not be permitted by the Coastal Area Management Act (CAMA) or NPS, to be repaired or rebuilt in the same configuration, or at all. Photos on the website (www.surforsound.com) may not accurately reflect the current design of beachfront steps, boardwalks, dune decks, boat docks, or boat slips. No refunds or relocation will be granted for such events.
21. Under Construction New homes under construction may be delayed and unavailable through no fault of the Agent/Owner. If the Premises is unavailable due to construction delays, Agent/Owner obligations are limited to a full refund of all monies received. Tenant waives all claims against Agent/Owner for non-completion of any property under construction. Under no circumstances will Surf or Sound Realty or the Owner provide any additional monies to rent another property, travel expenses, etc.
23. Maintenance and Repairs Every reasonable effort is made to keep each property and its equipment in good working order. Please notify Surf or Sound Realty promptly of any difficulty you incur during your stay. Due to the remote nature of our area and the inability to obtain replacement parts quickly, immediate servicing of malfunctioning units may not be possible. Therefore, dishwashers, microwaves, washers, dryers, TV’s, VCR’s, DVD’s, Blu-Ray players, stereos, wireless internet, Bluetooth, air conditioners, hot tubs, swimming pools, elevators, luggage lifts and other non-essential items cannot be guaranteed to be operational. Surf or Sound Realty, upon notice by Tenant, will make every effort to have such items repaired as quickly as possible. Replacements are not provided. There will be no refunds or discounts for such non-operational amenities. Owner and/or Agent shall have the right to inspect Premises during tenancy and make repairs during the rental period.
24. Pools and Spas Pools and Spas are to be used at the Tenant’s and their guest’s own risk. Spas are prepared for Tenant’s use prior to arrival. Should the spa become unsanitary at Agent’s discretion, the spa will be shut down for the remainder of the stay or Tenant may pay an additional fee to have the spa emptied and refilled. Please see posted rules of use to avoid unsanitary conditions. Pool heaters, when pool heat is purchased, are set to 80 degrees, but pool temperature cannot be guaranteed. No refunds will be given if the pool heat does not reach the desired temperature of 80 degrees.
25. Access to Premises If the Premises are listed for sale, Tenant agrees, with a four-hour notice, to allow access to the Premises for real estate Agents, prospective buyers, inspectors, and appraisers.
26. Surveillance Systems Tenant is advised that many homes and some homeowner associations may be equipped with security cameras covering the exterior of the property. By execution of this lease agreement, Tenant consents to the use of such surveillance equipment.
27. Evacuations, Closures, Inaccessibility, Hurricanes and Travel Insurance If a mandatory evacuation is ordered by Dare County, Tenant agrees to follow Hurricane Policy and Procedures as directed by Agent and evacuate as instructed. Failure to do so will constitute an act of trespass and will initiate an immediate expedited eviction process in which Tenant will be evicted and not allowed to return to Premises after the evacuation order is lifted. Owner and Agent provide NO REFUNDS DUE TO VOLUNTARY OR MANDATORY EVACUATION AS A RESULT OF MAN-MADE EVENTS OR ACTS OF NATURE OR INACCESSIBILITY FOR ANY OTHER REASONS SUCH AS GOVERNMENT ORDERED TRAVEL RESTRICTIONS OR AREA CLOSURES, ROAD CLOSURES, SUSPENSION OF FERRY SERVICE, STORMS OR STORM DAMAGE, OTHER GOVERNMENTAL ACTS OR ACTS OF GOD. Owner and Agent strongly recommend the purchase of travel insurance as noted during the booking process. The insurance amount is shown on page 1 of this lease and is non-refundable. Tenant may elect coverage by initialing the appropriate space on page 1 of this Agreement and paying the adjusted amount. Insurance cannot be purchased after final payment has been made. The Travel Insurance terms and conditions are made and administered by the insurer (please refer to a copy of their Insurance Policy for specific information). Agent receives a fee from the insurance company.
28. Limitations of Remedies, Damages and Indemnity Surf or Sound Realty is acting as Agent for, and on behalf of, the Owner of the Premises. The Premises may or may not be owned by a North Carolina Real Estate Licensee. All reservations are contingent upon the homeowner making the given time period available for rental. In the event Agent is unable to deliver possession of the Premises to Tenant under this lease agreement because of the Owner’s use of the specified lease period, Tenant hereby agrees that their sole remedy is a full refund of all rents, fees and taxes held by Agent. Tenant will hold harmless Agent and Owner for any consequential or secondary damages that Tenant suffers due to unavailability of the Premises, including but not limited to expenses incurred as a result of travel, or renting alternative housing. Owner is responsible for the refund of advance rental payments made by Tenant and disbursed to Owner. If the Premises are unavailable for occupancy due to voluntary or mandatory evacuation as a result of man-made events or acts of nature or inaccessibility for any other reasons such as government ordered travel restrictions or area closures, road closures, suspension of ferry service, storms or storm damage, etc. no refunds will be given. Please see paragraph 27 of this Agreement entitled “Evacuations, Closures, Inaccessibility, Hurricanes and Travel Insurance”. Tenant also agrees that in the case of a double booking, Tenant is only entitled to the full refund of all consideration previously tendered by Tenant. Tenant agrees to release and indemnify the Owner and his Agent from and against all liability for injury to the person of the Tenant or to any member of their party resulting from any cause whatsoever, except for such personal injury caused by the gross negligence or intentional acts of the Owner or Agent. Tenant shall not be entitled to any refund due to unfavorable weather, voluntary or mandatory evacuation, road closures, travel restrictions, or disruption of utility services (including water, gas, electricity, phone, WIFI/internet, and satellite or cable TV). Tenant agrees to be responsible for any necessary repairs due to their intentional or negligent acts or failure to act as well as any pet damage.
29. Severability of Provisions If by operation of law any provision of this agreement is or becomes unenforceable, all remaining lawful provisions shall be enforceable.
30. Attorney Fees and Court Costs If either party fails to keep and perform any agreement or provision hereof, the non-breaching party shall be entitled to recover reasonable attorneys' fees and any and all other expenses incurred in any actions instituted to enforce the provisions of this Agreement, including filing fees, court costs, and court reporter costs. The parties specifically acknowledge each has been advised that under Bromhal v. Statt, 341 N.C. 702, 462 S.E.2d 219 (1995) the Supreme Court of North Carolina has held that provisions such as this one whereby a breaching party is required to pay the non-breaching party's attorneys' fees are valid and enforceable. Failure to enforce any specific provision of this Agreement does not constitute a waiver of any additional provisions or remedies by either party.
31. Legal Rights Each party, at the time of the execution of this instrument, has had the opportunity to review this Lease, with counsel of their own choosing and has decided not to seek any additional legal counsel and to waive any legal rights he, she, they or it may have in addition to those provided herein, and warrant they have executed this instrument freely, understanding the full and precise meaning of this instrument
32. Jurisdiction and Venue Any dispute arising out of this lease will be interpreted under the law of the State of North Carolina and the venue and jurisdiction to interpret any provision hereof or the breach hereof will be in the General Courts of Justice of Dare County, North Carolina, either the District Court or the Superior Court Division depending on the amount in controversy.
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CHAPTER 42A - VACATION RENTAL ACT
Article 1. Vacation Rentals
§ 42A-1. Title.
This Chapter shall be known as the North Carolina Vacation Rental Act. (1999-420, s. 1.)
§ 42A-2. Purpose and scope of act.
The General Assembly finds that the growth of the tourism industry in North Carolina has led to a greatly expanded market of privately owned residences that are rented to tourists for vacation, leisure, and recreational purposes. Rental transactions conducted by the owners of these residences or licensed real estate brokers acting on their behalf present unique situations not normally found in the rental of primary residences for long terms, and therefore make it necessary for the General Assembly to enact laws regulating the competing interests of landlords, real estate brokers, and tenants. (1999-420, s. 1.)
§ 42A-3. Application; exemptions.
(a) The provisions of this Chapter shall apply to any person, partnership, corporation, limited liability company, association, or other business entity who acts as a landlord or real estate broker engaged in the rental or management of residential property for vacation rental as defined in this Chapter.
(b) The provisions of this Chapter shall not apply to:
(1) Lodging provided by hotels, motels, tourist camps, and other places subject to regulation under Chapter 72 of the General Statutes.
(2) Rentals to persons temporarily renting a dwelling unit when traveling away from their primary residence for business or employment purposes.
(3) Rentals to persons having no other place of primary residence.
(4) Rentals for which no more than nominal consideration is given. (1999-420, s. 1.)
§ 42A-4. Definitions.
The following definitions apply in this Chapter:
(1) Advanced payments. - All payments made by a tenant in a vacation rental agreement to a landlord or the landlord's real estate broker prior to occupancy for the purpose of renting a vacation rental property for a future period of time as specified in the vacation rental agreement.
(1a) Landlord. - An owner of residential property offered for lease as a vacation rental with or without the assistance of a real estate broker.
(1b) through (1f) Reserved.
(1g) Real estate broker. - A real estate broker as defined in G.S. 93A-2(a).
(2) Residential property. - An apartment, condominium, single-family home, townhouse, cottage, or other property that is devoted to residential use or occupancy by one or more persons for a definite or indefinite period.
(3) Vacation rental. - The rental of residential property for vacation, leisure, or recreation purposes for fewer than 90 days by a person who has a place of permanent residence to which he or she intends to return.
(4) Vacation rental agreement. - A written agreement between a landlord or his or her real estate broker and a tenant in which the tenant agrees to rent residential property belonging to the landlord for a vacation rental. (1999-420, s. 1; 2016-98, s. 1.1.)
§§ 42A-5 through 42A-9. Reserved for future codification purposes.
Article 2. Vacation Rental Agreements.
§ 42A-10. Written agreement required.
(a) A landlord or real estate broker and tenant shall execute a vacation rental agreement for all vacation rentals subject to the provisions of this Chapter. No vacation rental agreement shall be valid and enforceable unless the tenant has accepted the agreement as evidenced by one of the following:
(1) The tenant's signature on the agreement.
(2) The tenant's payment of any monies to the landlord or real estate broker after the tenant's receipt of the agreement.
(3) The tenant's taking possession of the property after the tenant's receipt of the agreement.
(b) Any real estate broker who executes a vacation rental agreement that does not conform to the provisions of this Chapter or fails to execute a vacation rental agreement shall be guilty of an unfair trade practice in violation of G.S. 75-1.1, and shall be prohibited from commencing an expedited eviction proceeding as provided in Article 4 of this Chapter. (1999-420, s. 1.)
§ 42A-11. Vacation rental agreements.
(a) A vacation rental agreement executed under this Chapter shall contain the following notice on its face which shall be set forth in a clear and conspicuous manner that distinguishes it from other provisions of the agreement: "THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL."
(b) The vacation rental agreement shall contain provisions separate from the requirements of subsection (a) of this section which shall describe the following as permitted or required by this Chapter:
(1) The manner in which funds shall be received, deposited, and disbursed in advance of the tenant's occupancy of the property.
(2) Any processing fees permitted under G.S. 42A-17(c).
(2a) Any cleaning fee permitted under G.S. 42A-17(d).
(3) The rights and obligations of the landlord and tenant under G.S. 42A-17(b).
(4) The applicability of expedited eviction procedures.
(5) The rights and obligations of the landlord or real estate broker and the tenant upon the transfer of the property.
(6) The rights and obligations of the landlord or real estate broker and the tenant under G.S. 42A-36.
(7) Any other obligations of the landlord and tenant. (1999-420, s. 1; 2012-17, s. 5.)
§§ 42A-12 through 42A-14. Reserved for future codification purposes.
Article 3. Handling and Accounting of Funds.
§ 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 a federally insured depository institution lawfully doing business in this State no later than three banking days after the receipt of 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. (1999-420, s. 1; 2014-115, s. 3; 2015-93, s. 3.)
§ 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 entitled to reimbursement. (1999-420, s. 1.)
§ 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.)
§ 42A-18. Applicability of the Residential Tenant Security Deposit Act.
(a) Except as may otherwise be provided in this Chapter, all funds collected from a tenant and not identified in the vacation rental agreement as occupancy or sales taxes, fees, or rent payments shall be considered a tenant security deposit and shall be subject to the provisions of the Residential Tenant Security Deposit Act, as codified in Article 6 of Chapter 42 of the General Statutes. Funds collected as a tenant security deposit in connection with a vacation rental shall be deposited into a trust account as required by G.S. 42-50. The landlord or real estate broker shall not have the option of obtaining a bond in lieu of maintaining security deposit funds in a trust account. In addition to the permitted uses of tenant security deposit monies as provided in G.S. 42-51, a landlord or real estate broker may, after the termination of a tenancy under this Chapter, deduct from any tenant security deposit the amount of any long distance or per call telephone charges and cable television charges that are the obligation of the tenant under the vacation rental agreement and are left unpaid by the tenant at the conclusion of the tenancy. The landlord or real estate broker shall apply, account for, or refund tenant security deposit monies as provided in G.S. 42-51 within 45 days following the conclusion of the tenancy.
(b) A vacation rental agreement shall not contain language compelling or permitting the automatic forfeiture of all or part of a tenant security deposit in case of breach of contract by the tenant, and no such forfeiture shall be allowed. The vacation rental agreement shall provide that a tenant security deposit may be applied to actual damages caused by the tenant as permitted under Article 6 of Chapter 42 of the General Statutes. (1999-420, s. 1.)
§ 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.
(3) Advise each tenant of whether he or she has the right to receive a refund of any payments made by him or her.
Notwithstanding any other provision of this section, if the grantee engages as the grantee's broker and rental agent for the property the broker who procured the tenant's vacation rental agreement for the landlord, the grantee shall have no obligation under subdivisions (1), (2), and (3) of this subsection with regard to those tenants whose vacation rental agreements must be honored under this section or with regard to those tenants whose vacation rental agreements the grantee has agreed in writing to honor.
(b) Except as otherwise provided in this subsection, upon termination of the landlord's interest in the residential property subject to a vacation rental agreement, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or the landlord's agent, or the real estate broker, shall, within 30 days, transfer all advance rent paid by the tenant, and the portion of any fees remaining after any lawful deductions made under G.S. 42A-16, to the landlord's successor in interest and thereafter notify the tenant by mail of such transfer and of the transferee's name and address. If a real estate broker is holding advanced rents paid by the tenant pursuant to a vacation rental agreement at the time of the termination of the landlord's interest, the real estate broker may deduct from the advanced rents transferred to the landlord's successor in interest any management fee earned by the real estate broker prior to the transfer. The written agency agreement between the landlord and the real estate broker shall govern when the fee has been earned. If the real estate broker deducts an earned management fee from the advanced rents, the landlord shall be responsible to the landlord's successor in interest for the amount deducted. For vacation rentals that end more than 180 days after the recording of the interest of the landlord's successor in interest, unless the landlord's successor in interest has agreed in writing to honor the vacation rental agreement, the landlord or the landlord's agent, or the real estate broker, shall, within 30 days, transfer all advance rent paid by the tenant, and the portion of any fees remaining after any lawful deductions made under G.S. 42A-16, to the tenant. Compliance with this subsection shall relieve the landlord or real estate broker of further liability with respect to any payment of rent or fees. Funds held as a security deposit shall be disbursed in accordance with G.S. 42A-18.
(c) Repealed by Session Laws 2000-140, s. 41, effective July 21, 2000.
(d) The failure of a landlord to comply with the provisions of this section shall constitute an unfair trade practice in violation of G.S. 75-1.1. A landlord who complies with the requirements of this section shall have no further obligations to the tenant. (1999-420, s. 1; 2000-140, s. 41; 2005-292, s. 2; 2016-98, s. 1.2.)
§§ 42A-20 through 42A-22. Reserved for future codification purposes.
Article 4. Expedited Eviction Proceedings.
§ 42A-23. Grounds for eviction.
(a) Any tenant who leases residential property subject to a vacation rental agreement under this Chapter for 30 days or less may be evicted and removed from the property in an expedited eviction proceeding brought by the landlord, or real estate broker as agent for the landlord, as provided in this Article if the tenant does one of the following:
(1) Holds over possession after his or her tenancy has expired.
(2) Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his or her tenancy.
(3) Fails to pay rent as required by the agreement.
(4) Has obtained possession of the property by fraud or misrepresentation.
(b) Only the right to possession shall be relevant in an expedited eviction proceeding. All other issues related to the rental of the residential property shall be presented in a separate civil action. (1999-420, s. 1.)
§ 42A-24. Expedited eviction.
(a) Before commencing an expedited eviction proceeding, the landlord or real estate broker shall give the tenant at least four hours' notice, either orally or in writing, to quit the premises. If reasonable efforts to personally give oral or written notice have failed, written notice may be given by posting the notice on the front door of the property.
(b) An expedited eviction proceeding shall commence with the filing of a complaint and issuance of summons in the county where the property is located. If the office of the clerk of superior court is closed, the complaint shall be filed with, and the summons issued by, a magistrate. The service of the summons and complaint for expedited eviction shall be made by a sworn law enforcement officer on the tenant personally or by posting a copy of the summons and complaint on the front door of the property. The officer, upon service, shall promptly file a return therefor. A hearing on the expedited eviction shall be held before a magistrate in the county where the property is located not sooner than 12 hours after service upon the tenant and no later than 48 hours after such service. To the extent that the provisions of this Article are in conflict with the Rules of Civil Procedure, Chapter 1A of the General Statutes, with respect to the commencement of an action or service of process, this Article controls.
(c) The complaint for expedited eviction shall allege and the landlord or real estate broker shall prove the following at the hearing:
(1) The vacation rental is for a term of 30 days or less.
(2) The tenant entered into and accepted a vacation rental agreement that conforms to the provisions of this Chapter.
(3) The tenant committed one or more of the acts listed in G.S. 42A-23(a) as grounds for eviction.
(4) The landlord or real estate broker has given notice to the tenant to vacate as a result of the breach as provided in subsection (a) of this section.
The rules of evidence shall not apply in an expedited eviction proceeding, and the court shall allow any reasonably reliable and material statements, documents, or other exhibits to be admitted as evidence. The provisions of G.S. 7A-218, 7A-219, and 7A-220, except any provisions regarding amount in controversy, shall apply to an expedited eviction proceeding held before the magistrate. These provisions shall not be construed to broaden the scope of an expedited eviction proceeding to issues other than the right to possession.
(d) If the court finds for the landlord or real estate broker, the court shall immediately enter a written order granting the landlord or real estate broker possession and stating the time when the tenant shall vacate the property. In no case shall this time be less than 2 hours or more than 8 hours after service of the order on the tenant. The court's order shall be served on the tenant at the hearing. If the tenant does not appear at the hearing or leaves before the order is served, the order shall be served by delivering the order to the tenant or by posting the order on the front door of the property by any sworn law enforcement officer. The officer, upon service, shall file a return therefor.
If the court finds for the landlord or real estate broker, the court shall determine the amount of the appeal bond that the tenant shall be required to post should the tenant seek to appeal the court order. The amount of the bond shall be an estimate of the rent that will become due while the tenant is prosecuting the appeal and reasonable damages that the landlord may suffer, including damage to property and damages arising from the inability of the landlord or real estate broker to honor other vacation rental agreements due to the tenant's possession of the property. (1999-420, s. 1.)
§ 42A-25. Appeal.
A tenant or landlord may appeal a court order issued pursuant to G.S. 42A-24(d) to district court for a trial de novo. A tenant may petition the district court to stay the eviction order and shall post a cash or secured bond with the court in the amount determined by the court pursuant to G.S. 42A-24(d). (1999-420, s. 1.)
§ 42A-26. Violation of court order.
If a tenant fails to remove personal property from a residential property subject to a vacation rental after the court has entered an order of eviction, the landlord or real estate broker shall have the same rights as provided in G.S. 42-36.2(b) as if the sheriff had not removed the tenant's property. The failure of a tenant or the guest of a tenant to vacate a residential property in accordance with a court order issued pursuant to G.S. 42A-24(d) shall constitute a criminal trespass under G.S. 14-159.13. (1999-420, s. 1.)
§ 42A-27. Penalties for abuse.
A landlord or real estate broker shall undertake to evict a tenant pursuant to an expedited eviction proceeding only when he or she has a good faith belief that grounds for eviction exists under the provisions of this Chapter. Otherwise, the landlord or real estate broker shall be guilty of an unfair trade practice under G.S. 75-1.1 and a Class 1 misdemeanor. (1999-420, s. 1.)
§§ 42A-28 through 42A-30. Reserved for future codification purposes.
Article 5. Landlord and Tenant Duties.
§ 42A-31. Landlord to provide fit premises.
A landlord of a residential property used for a vacation rental shall:
(1) Comply with all current applicable building and housing codes to the extent required by the operation of the codes. However, no new requirement is imposed if a structure is exempt from a current building or housing code.
(2) Make all repairs and do whatever is reasonably necessary to put and keep the property in a fit and habitable condition.
(3) Keep all common areas of the property in safe condition.
(4) Maintain in good and safe working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by him or her upon written notification from the tenant that repairs are needed.
(5) Provide operable smoke detectors. The landlord shall replace or repair the smoke detectors if the landlord is notified by the tenant in writing that replacement or repair is needed. The landlord shall annually place new batteries in a battery-operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or landlord.
(6) Provide a minimum of one operable carbon monoxide alarm per rental unit per level, either battery-operated or electrical, that is listed by a nationally recognized testing laboratory that is OSHA-approved to test and certify to American National Standards Institute/Underwriters Laboratories Standards ANSI/UL2034 or ANSI/UL2075, and install the carbon monoxide alarms in accordance with either the standards of the National Fire Protection Association or the minimum protection designated in the manufacturer's instructions, which the landlord shall retain or provide as proof of compliance. A landlord that installs one carbon monoxide alarm per rental unit per level shall be deemed to be in compliance with standards under this subdivision covering the location and number of alarms. The landlord shall replace or repair the carbon monoxide alarms within three days of receipt of notification if the landlord is notified of needed replacement or repairs in writing by the tenant. At least every six months, the landlord shall ensure that a carbon monoxide alarm is operable and in good repair. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated carbon monoxide alarm annually and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord. A carbon monoxide alarm may be combined with smoke alarms if the combined alarm does both of the following: (i) complies with ANSI/UL2034 or ANSI/UL2075 for carbon monoxide alarms and ANSI/UL217 for smoke alarms and (ii) emits an alarm in a manner that clearly differentiates between detecting the presence of carbon monoxide and the presence of smoke. This subdivision applies only to dwelling units having a fossil-fuel burning heater, appliance, or fireplace and in any dwelling unit having an attached garage. Any operable carbon monoxide detector installed before January 1, 2015, shall be deemed to be in compliance with this subdivision.
These duties shall not be waived; however, the landlord and tenant may make additional covenants not inconsistent herewith in the vacation rental agreement. (1999-420, s. 1; 2016-98, s. 1.3.)
§ 42A-32. Tenant to maintain dwelling unit.
The tenant of a residential property used for a vacation rental shall:
(1) Keep that part of the property which he or she occupies and uses as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that he or she uses.
(2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner.
(3) Keep all plumbing fixtures in the property or used by the tenant as clean as their condition permits.
(4) Not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided by the landlord or knowingly permit any person to do so.
(5) Comply with all obligations imposed upon the tenant by current applicable building and housing codes.
(6) Be responsible for all damage, defacement, or removal of any property inside the property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the landlord or his or her agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces.
(7) Notify the landlord of the need for replacement of or repairs to a smoke detector. The landlord shall annually place new batteries in a battery-operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or the landlord.
These duties shall not be waived; however, the landlord and tenant may make additional covenants not inconsistent herewith in the vacation rental agreement. (1999-420, s. 1.)
§ 42A-33. Responsibilities and liability of real estate broker.
(a) A real estate broker managing a vacation rental property on behalf of a landlord shall do all of the following:
(1) Manage the property in accordance with the terms of the written agency agreement signed by the landlord and real estate broker.
(2) Offer vacation rental property to the public for leasing in compliance with all applicable federal and State laws, regulations, and ethical duties, including, but not limited to, those prohibiting discrimination on the basis of race, color, religion, sex, national origin, handicapping condition, or familial status.
(3) Notify the landlord regarding any necessary repairs to keep the property in a fit and habitable or safe condition and follow the landlord's direction in arranging for any such necessary repairs, including repairs to all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by the landlord upon written notification from the tenant that repairs are needed.
(4) Verify that the landlord has installed operable smoke detectors and carbon monoxide alarms.
(5) Verify that the landlord has annually placed new batteries in a battery-operated smoke detector or carbon monoxide alarm. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the real estate broker.
(b) A real estate broker or firm managing a vacation rental property on behalf of a landlord client shall not become personally liable as a party in any civil action between the landlord and tenant solely because the real estate broker or firm fails to identify the landlord of the property in the vacation rental agreement. (2016-98, s. 1.3.)
§ 42A-34: Reserved for future codification purposes.
§ 42A-35: Reserved for future codification purposes.
Article 6. General Provisions.
§ 42A-36. Mandatory evacuations.
If State or local authorities, acting pursuant to Article 1A of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the tenant under the vacation rental agreement, whether in possession of the property or not, shall comply with the evacuation order. Upon compliance, the tenant shall be entitled to a refund from the landlord of the rent, taxes, and any other payments made by the tenant pursuant to the vacation rental agreement as a condition of the tenant's right to occupy the property prorated for each night that the tenant is unable to occupy the property because of the mandatory evacuation order. The tenant shall not be entitled to a refund if: (i) prior to the tenant taking possession of the property, the tenant refused insurance offered by the landlord or real estate broker that would have compensated the tenant for losses or damages resulting from loss of use of the property due to a mandatory evacuation order; or (ii) the tenant purchased insurance offered by the landlord or real estate broker. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total amount charged for the vacation rental to the tenant less the amount paid by the tenant for a security deposit. (1999-420, s. 1; 2005-292, s. 3; 2009-245, s. 2; 2012-12, s. 2(h).)
§ 42A-37. Early termination of vacation rental agreement by military personnel.
(a) Any member of the Armed Forces of the United States who executes a vacation rental agreement and subsequently receives (i) an order for deployment with a military unit for a period overlapping with the rental period or (ii) permanent change of station orders requiring the member to relocate on a date prior to the beginning of the lease term may terminate the member's vacation rental agreement by providing the landlord or landlord's agent with a written notice of termination within 10 calendar days of receipt of the order. The notice must be accompanied by either a copy of the official military orders or a written verification signed by the member's commanding officer. Termination of a lease pursuant to this subsection is effective immediately upon receipt of the notice by the landlord or landlord's agent. All monies paid by the terminating member, with the exception of nonrefundable fees paid to third parties as described in G.S. 42-16(a), in connection with the vacation rental agreement shall be refunded to the member within 30 days of termination of the agreement.
(b) A member's termination of a vacation rental agreement pursuant to subsection (a) of this section shall also terminate any obligation a spouse or dependent of the member may have under the vacation rental agreement.
(c) The right to terminate a vacation rental agreement as described in subsection (a) of this section shall extend to the spouse of any member of the Armed Forces of the United States. A spouse exercising the right to terminate a rental agreement shall provide the same notice as described in subsection (a) of this section.
(d) The provisions of this section may not be waived or modified by the agreement of the parties. (2016-98, s. 1.4.)
§ 42A-38: Reserved for future codification purposes.
§ 42A-39: Reserved for future codification purposes.
§ 42A-40: Reserved for future codification purposes.
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