Lease Terms and Conditions
LEASE TERMS AND CONDITIONS
- 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.
- 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 Eatate. 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.
- 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 Property is rented “as is”. Tenant and Landlord agree to hold harmless, release, and indemnify the other party and Rental Agent from any exposure to lawsuit or any other claim by anyone, including guests of the Tenant as a result of any virus, communicable disease, pathogen, pandemic, sickness, or illness. Tenant takes possession of the Property at their own risk.
- PETS: Absolutely No Pets shall be permitted on the Property unless a pet addendum is included with this lease. In the event that a pet is discovered in violation of this rental agreement, the Tenant shall be evicted with no refund forthcoming.
- 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 in this lease. 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.
- 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 of such property up 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.
- 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.
- ACCESS TO PROPERTY: The Landlord, and/or Broker/Agent, shall have access to the Property during daylight hours to make repairs or show the Property for Sale or Rent.
- 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.
- LINENS/BEDDING: Unless otherwise instructed the tenant shall furnish all bed supplies/linens (visit www.foxocnj.com for rental options) which may include but not be limited to linens, towels, pillows, and comforters.
- AMENITIES: Appliances, and other amenities are not guaranteed and refunds will not be given due to breakdown. Repairs will be made as soon as reasonably possible.
- CANCELLATION AND LEASE AMMENDMENTS:All requests for lease cancellations and/or date changes by either the Landlord or the Tenant must be submitted in writing and agreed to by both parties. A 15% cancellation/change fee will be charged by the Agent to whichever party (Tenant OR Landlord) initiates the request to cancel this lease or amend the rental timeframe of this lease. A refund for a cancelled lease will only be provided to the Tenant in the event the Property is re-rented for the timeframe of this lease. Any reduction in re-rental price will be at the Tenant’s expense.
- SUBLETTING: The Tenant shall not sublet the Property without the written consent of the Landlord.
- UTILITIES: Unless set forth in this lease, utilities are included in the rental rate.
- AGENCY DISCLOSURE: Fox Real Estate/Rental Agent as authorized representatives are working in this transaction as Landlord’s Agent only.
- ACCEPTANCE: 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.
- COMMISSION: The Landlord agrees to pay Rental Agent a commission of 14% (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 prepared by Rental Agent, Landlord, or a Rental Agent other than Fox Real Estate within two (2) years of most recent Tenancy at Property, the Tenant shall be recognized as procured by Rental Agent, and accordingly, the commission shall remain due to 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 a commission of 6% of the purchase price. Said commission shall be due and payable at the time of settlement.
- RENTABILITY:In the event of an Ocean City, State of NJ, or Federal Government ban on short-term rentals, whereas the Tenant is not legally allowed to occupy the Property during the period of time the Tenant is scheduled to be in the property, or 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.
- 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 to a single document upon the request of any party.
- TRAVEL INSURANCE: TRAVEL INSURANCE IS HIGHLY RECOMMENDED. 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.
- NONREFUNDABLE TENANT PROCESSING FEE AND COMPENSATION DISCLOSURE: The Tenant agrees to pay the Rental Agent the sum set forth in this lease 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 in this lease 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.
- CONDOMINIUM OR HOMEOWNER’S ASSOCIATION RULES AND REGULATIONS: Tenant agrees to abide by the rules and regulations of any condominium or homeowner’s association and reasonable rules established and posted by the Landlord which deal with the Tenant’s occupancy of the Property and maintenance of the Property.
- NEARBY CONSTRUCTION: Since neither the Landlord or Fox Real Estate or its Agents can predict or control where or when construction may take place, the Tenant agrees that neither the Landlord, nor the Broker/Agent are responsible for any problems encountered as a result of nearby construction and there will be NO REBATES, REFUNDS, OR DISCOUNTS given for construction activities of any kind occurring near or adjacent to the property.
- TRASH AND RECYCLING: 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. Ocean City has a comingled recycling program. Cardboard, plastic bottles, glass jars, aluminum and steel cans can be placed in the same container for recycling. Failure to separate recyclables from trash and placing containers out for scheduled pick-up may result in a fine by the Borough or an Incidental Charge to the Tenant.
- PAYMENT TERMS: (This lease must be signed and returned with a payment within ten (10) days of this lease being drawn.)
- a) PAYMENTS DUE: All payments are due in our office by the dates indicated in this lease via online portal, in-person, or by mail. Rentals booked less than 30 days prior to check-in must be paid in full at the time of booking with cashiers check or money order sent overnight delivery to our office. Personal checks cannot be accepted within 30 days of check-in.
- b) ONLINE PAYMENT SERVICE: Fox Real Estate offers, through a third party vendor, the ability for the Tenant to make payments online. Tenant may pay using Mastercard, Visa, Discover, debit cards, and eChecks. Tenant can access the payment portal using the link located on www.FoxOCNJ.com website. Online payments cannot be accepted within 2 weeks of the check-in date. Tenant understand that the online payment vendor, not the Broker, charges a fee for their services which they add to the payment being made at that time.
- c) CREDIT CARD CHARGEBACKS: Tenant will be responsible for all charges and attorney’s fees for collecting payments from Tenant directly should Tenant cancel a previously approved credit card charge without prior authorization from both the Landlord and Broker.
- d) PERSONAL CHECKS: Personal checks must be made payable to Fox Real Estate and be in our office 30 days prior to check-in. Personal checks received within 30 days of check-in will not be accepted, and will be sent back to the Tenant. There will be a $35 fee charged for any check returned by the bank for insufficient funds, which must be paid by the Tenant before the Tenant can check-in.
- e) CASH PAYMENTS: Cash will only be accepted for leases drawn on the day of check-in, and only if Tenant is unable to obtain a cashiers check.
- 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.