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Lease Terms and Conditions


  1. RENTAL: The Tenant agrees to rent from the Landlord and the Landlord agrees to lease to the Tenant the Property. Landlord and Tenant understand and agree that the Property is a vacation rental. The tenant is a transient guest or seasonal tenant. The New Jersey Anti-Eviction Act does not apply to this rental and the Tenant may be removed from the Property and evicted at the end of the lease term.
  2. NON-LIABILITY OF THE LANDLORD OR RENTAL AGENT: The Landlord and the Tenant understand and agree that the Rental Agent is not a property manager or rental manager for the Property. The Rental Agent is acting merely as a rental agent in this lease transaction. The Rental Agent shall not be liable for any claims, demands, damages or costs in any manner relating either to alleged defects or problems with the Property or to any other circumstances surrounding the rental. In the event the Rental Agent has made a payment to the Landlord which the Tenant withdraws or otherwise cancels such that the funds are never received by the Rental Agent, the Landlord agrees to reimburse the Rental Agent for any such funds. All rent payment checks are to be made payable to: Fox Real Estate. Tenant understands that all tenant payments are the property of the Landlord. This agreement is entered into based upon Tenant’s independent knowledge of the Property or the representations specifically contained in this Agreement and not on any representations made by the Landlord or its agents.
  3. ACCEPTANCE OF PROPERTY: Opinions as to the condition of the Property vary from individual to individual and are very subjective. If the Tenant has not personally viewed or inspected the Property, the Tenant shall not rely on any opinion expressed by a third party, including the Rental Agent or the Landlord. The Tenant bears the sole risk of renting the Property sight unseen and in not being satisfied with the condition of the Property at the time of check-in. It is highly recommended that the Tenant personally inspect the Property before signing this Lease. The Tenant has not been promised anything as to the condition of the Property unless stated in this lease. The Property is rented “as is”.
  4. PETS: Absolutely No Pets shall be permitted on the Property unless a pet addendum is included with this lease. The Tenant shall obey this and all of the Landlord’s other rules for the safety and cleanliness of the Property and for the comfort and convenience of other occupants. In the event that a pet is discovered in violation of this rental agreement, the Tenant shall be evicted with no refund forthcoming.
  5. USE: The Tenant shall take possession of and use the Property only as a private residence for not more than the maximum number of persons as indicated above. The Tenant shall not allow the Property to be used for any business, professional or unlawful purposes. House trailers and recreational vehicles are not permitted on the Property. There shall be no alterations of the property and no fixtures, appliances or air conditioners shall be installed without the written consent of the Landlord. The Tenant affirms that he/she is over twenty four (24) years of age and minors will not occupy the Property unless an adult is present. Unreasonable noise or disturbance by the Tenant may result in eviction. The Tenant agrees to return the Property to the Landlord at the expiration of this lease in as clean and as good condition as it was at the beginning of the lease term, except for normal wear caused by reasonable use. The Tenant is solely responsible for placing all trash and recyclables in the exterior bins for pickup in accordance with the schedules and ordinances of the City of Ocean City.
  6. VACATION RENTAL DAMAGE PROTECTION (VRDP): This lease includes a premium for VRDP that insures you for unintentional and accidental damages you or your guests may cause to the rental property during your stay, provided such damage is disclosed and reported to your Rental Agent prior to check-out. The policy will pay a maximum benefit of $3,000. You will still be responsible for any damages above the policy limit, and for any damages not covered by the VRDP. If during your stay an Insured Person causes any damage covered to real or personal property as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair and/or replacement to a maximum benefit of $3,000. Certain terms and conditions apply. Full details of the VRDP are contained in the Certificate of Insurance or Insurance Policy, and can be found online at www.VACATIONRENTALINSURANCE.COM/10SDI. By submitting payment for this plan, you authorize CSA Travel Protection and Insurance Services to pay directly to Fox Real Estate any amount payable under the terms and conditions of the VRDP. Please contact Fox Real Estate if you do not wish to participate in this plan or assignment. If tenant does not wish to participate in the VRDP, Tenant must notify Fox Real Estate prior to signing this lease. Tenant shall then be required to pay a Security Deposit equal to the amount of rent being charged under this lease or $1,500, whichever is less. Please refer to the Security Deposit Clause in this lease for more details.
  7. SECURITY DEPOSIT (if applicable. The Security deposit will be returned upon satisfactory inspection by the owner after termination of this lease. Owner shall have 72 hours after expiration of this lease to advise Fox Real Estate in writing of any damages. In the case of a dispute it is agreed that after 14 days all deposit monies shall be sent to the Landlord and Fox Real Estate will then send contact information to both parties. Both the Landlord and Tenant recognize and acknowledge that this does not reduce in any way the Tenant’s or Landlord’s legal remedies in regards to this matter. (Please note that any monies held by Fox Real Estate shall be in a non-interest bearing account) The owner and tenant agree that Fox Real Estate is not a party to this security deposit agreement and Therefore holds Fox Real Estate harmless from any legal action that may arise from this agreement. The Tenant must notify Rental Agent in writing prior to taking possession of the property of any damage to the Property at the time of check-in. Reports of damage existing at the Property at time of check-in received at check-out will not be considered valid.
  8. ACCESS TO PROPERTY: The Landlord, and/or Rental Agents, shall have access to the Property from 10:00 a.m. to 5:00 p.m. to inspect the property, make necessary repairs, alterations, or improvements, supply necessary services and show the Property to possible buyers, tenants, contractors, etc.
  9. AGREEMENT AND TENANT DEFAULT: This Lease is valid only when accepted by the Landlord in writing, and may be terminated by the Landlord upon the default of any payments or other obligations of the Tenant, as outlined in this Lease.
  10. CANCELLATION: In the event the Tenant wishes to cancel this lease, the Tenant may do so only upon the consent of the Landlord. The cancellation request must be submitted in writing by the Tenant to the Rental Agent. The Tenant understands that if the Tenant cancels this leasethe Landlord has the right to demand the full payment of rent in accordance with the terms of this lease unless the property is re-rented. If the property is re-rented at full price the Landlord shall refund to the original Tenant all monies that they paid less any deductions specified in this lease. Any reduction in re-rental price shall be deducted from payment(s) before being returned by the Landlord. All cancellations are subject to a handling charge by the Rental Agent in the amount of 12% of the gross rental amount for rentals of one week or longer or 20% of the gross rental amount for rentals of less than one week.
  11. AMENITIES: The Tenant shall furnish linens & towels (unless linen service provided), beach tags and other personal items. Appliances, air-conditioning, television and other amenities are not guaranteed and refunds will not be given due to breakdown. Repairs will be made as soon as reasonably possible based on the availability of repairmen and contractors. If a telephone is provided in the property, all toll calls must be charged to the Tenant’s home or credit card. If a telephone deposit is paid, it will automatically be refunded sixty (60) days after termination of this lease unless otherwise directed by the Landlord in writing.
  12. COMMISSION: The Landlord agrees to pay Rental Agent a commission of 12% (20% for rentals of less than one week) for this lease and all leases in which the Tenant was introduced to the Landlord (or Property) through the efforts of Rental Agent at any time. The Landlord and the Tenant agree that if the Tenant, his relatives, friends or heirs renew or extend this lease or enter into another lease within two (2) years, the Tenant shall be recognized as procured by the Rental Agent, and accordingly, the commission shall remain due to the Rental Agent. In the event that the Tenant, his relatives, friends, or heirs should purchase the Property or a portion of the Property, within two (2) years the Tenant shall be recognized as procured by the Rental Agent, and accordingly, the commission shall remain due to the Rental Agent. In the event that the Tenant, his relatives, friends, or heirs should purchase the Property or a portion of the Property, within two (2) years of the expiration of any Tenancy, the Landlord agrees to pay the Rental Agent Realty a commission of 6% of the purchase price. Said commission shall be due and payable at the time of settlement.
  13. RENTABILITY: If said leased premises is destroyed by fire, other casualty or acts of God so as to be unfit for occupancy, either prior to or during the term of the lease, the Landlord shall return an equitable prorated share of any rents that may have been paid in advance. The lease shall not terminate as a result of inoperable non-essential appliances at the Property.
  14. SUBLETTING: The Tenant shall not sublet the Property without the written consent of the Landlord.
  15. UTILITIES: Unless set forth above, utilities are included in the rental rate.
  16. COUNTERPARTS AND/OR FACSIMILE/EMAIL SIGNATURES: This contract may be executed in any number of counterparts, including counterparts transmitted by telecopier, FAX or email any one of which shall constitute an original of this contract. When counterparts, facsimile or email copies have been executed by all parties, they shall have the same effect as if the signatures to each counterpart or copy were upon the same document and copies of such documents shall be deemed valid as originals. The parties agree that all such signatures may be transferred toa single document upon the request of any party.
  17. TRAVEL INSURANCE: Refunds will not be given for cancellations or occupancy delays due to deaths in the family, medical emergencies, travel cancellations or delays, weather related events or evacuations, loss of job, or other events that would be considered Acts of God or that are out of the control of the Landlord. The Tenant may purchase Travel Interruption & Cancellation Insurance through CSA Travel Protection and Insurance Services by visiting www.FoxOCNJ.com (click on Rentals drop-down, then click Trip Insurance link). If the Tenant chooses not to purchase Travel Insurance, the Tenant may be forfeiting their ability to receive a refund if any of the above events occur. TRAVEL INSURANCE IS A WAY TO PROTECT YOUR VACATION INVESTMENT. IT REIMBURSES FOR MANY NON-REFUNDABLE EXPENSES DUE TO CERTAIN UNFORESEEN CIRCUMSTANCES THAT MAY RESULT IN CANCELLATION OR INTERRUPTION OF YOUR VACATION PLANS. TRAVEL INSURANCE IS HIGHLY RECOMMENDED AND SHOULD BE CONSIDERED.
  18. AGENCY DISCLOSURE: Fox Real Estate and the rental agent, as listed on the top of the Short Term Seasonal Lease, as it’s authorized representative are working in this transaction as landlords agent only.
  19. ACCEPTANCE: This lease must be signed and returned with the deposit within (10) days of the above date. The lease shall not be binding until the deposit is received and lease is fully executed by both the Landlord and the Tenant. This agreement is subject to the approval and written acceptance of the Landlord.
  20. KEYS: All keys are to be picked up at the beginning of the lease term at the office of the Rental Agent and shall be returned at the end of the lease term at the office of the Rental Agent. It is strongly suggested that all keys are tested upon arrival. Fox Real Estate is not responsible for non-working keys.
  21. NONREFUNDABLE TENANT PROCESSING FEE AND COMPENSATION DISCLOSURE: The Tenant agrees to pay the Rental Agent the sum set forth above (under “Breakdown” on page 1) as a nonrefundable tenant processing fee. This payment shall be made upon the signing of this lease agreement. The Tenant agrees that this processing fee is totally nonrefundable and represents the efforts of the Rental Agent in processing the rental application of the Tenant. The Landlord and the Tenant understand, acknowledge and agree that the Rental Agent represents the Landlord only in this rental transaction, and the commission set forth above as well as the Tenant processing fee represent compensation from both parties to this transaction. Rental Agent also receives compensation from CSA’s Vacation Rental Damage Protection (VRDP) & Travel Insurance Programs.
  22. CONDOMINIUM OR HOMEOWNER’S ASSOCIATION RULES AND REGULATIONS: If applicable, the Tenant agrees to abide by the rules and regulations of any condominium or homeowner’s association at the Property. The Tenant shall also be responsible for reasonable rules established and posted by the Landlord which deal with the Tenant’s occupancy of the Property and maintenance of the Property. For example, the Tenant must comply with all such rules and regulations regarding use of exterior decks, use of common areas, trash disposal and collection and no smoking requirements.
  23. SPECIAL CONDITIONS: If there are any special conditions which pertain to this lease, they are as follows:
    • Contract Purchaser: Property being purchased by Landlord: In the event the Landlord does not own the Property but is under contract to purchase the Property the following applies: The Tenant understands and agrees that the Landlord does not presently own the Property. Rather, the Landlord is under an agreement to purchase the property prior to the commencement of this lease term. If for any reason the Landlord does not take title to the Property prior to the start of the lease term, the Landlord shall notify the Tenant to this effect and all funds previously paid by the Tenant shall be returned to the Tenant with no further liability between the parties.
    • Property under Construction: In the event the Property is under construction the following applies: The Tenant understands and agrees that the property is under construction. In the event there is a delay in construction and the Property is not completed prior to the start of the lease term, this lease shall terminate and all payments to date shall be returned to the Tenant with no further liability between the parties.
    • Other