I (we), the undersigned, renting 17 Towhee Lane, South Orleans, Massachusetts, for vacation purposes only, agree to the following conditions of this rental agreement:
1. I (we) are responsible for full payment for the rental period. A deposit of 50% of the total rent & security is due immediately to hold the requested rental dates and to consider the rental confirmed. The balance is due thirty (30) days before the arrival date. All payments are by check, money order or travelers check (US$).
2. Failure to make payments when due will result in cancellation of this Agreement. Upon cancellation by the tenant for any reason, the deposit will be refunded only if the property is re-rented for the rate and term of the original Agreement within thirty (3) days of the beginning of the original rental period. Otherwise, any deposit will not be refunded.
3. If I (we) do not personally inspect the premises prior to signing this Agreement, I (we) agree to accept the rental property, as is, upon arrival, provided it meets the basic standards of habitability under Massachusetts law. In addition, I (we) agree that we will not be entitled to a refund of rental money and will have no claim or recourse against the owners of the property.
4. The security deposit of $200.00 is due along with any balance, thirty (30) days before arrival. Release of the security deposit will be subject to inspection of the rental property for damages by the owner or a representative of the owner. Security deposit may be used for repair of the property, replacement of broken items and/or extraordinary cleaning. The Owner's representative inspects the house after each tenant's departure. The Owner will return unsued deposit to the Tenant, no later than ninety (90) days following the eparture date of the Tenant and return of the key to the house.
5. Telephones are provided for local calls only. Toll calls are not included in the rental charge. These calls must be charged to the renter’s calling or credit card. Any long-distance telephone charges caused by the Tenant on subsequent telephone bills will be deducted from the Tenant’s security.
6. Owner or Owner’s agent may enter the premises immediately, in the event of an emergency, in order to perform necessary repairs or maintenance, and within 24 hours of notice for normal maintenance or to show a prospective renter the property.
7. The total occupancy of 17 Towhee Lane cannot exceed six (6) persons, including small children, infants and visitors, unless the Owner has provided written consent to the exception. If more than the maximum number of six (6) persons are found to be occupying the rented property, then at the option of the owner, this Agreement may be immediately terminated and security forfeited, or the rent increased proportionately.
8. The tenant will be responsible for all damage or breakage and/or loss to the premises, except normal wear and tear which may result from occupancy. The Owner or Owner's representative will define normal wear and tear.
9. The entire building and all grounds will be left in the same good and habitable condition in which it was found upon arrival. Any damages or unusual conditions found upon arrival will be reported to the owner within one (1) hour of occupancy or if arrival after 6:00 p.m., before 9:00 a.m. the following morning. Otherwise, repair costs for any pre-existing damages may be posted against the tenant’s security deposit for such repairs.
10. The Owner shall provide utilities, furniture, fixtures, appliances, supplies and household furnishings as represented on the Towhee Lane House Description Sheet. The tenant must supply all other items.
11. The tenant will supply his or her own bed linens, extra blankets, bath & beach towels, lighter fluid and grilling charcoal.
12. Under no circumstances are dogs, cats, birds, or any other animal(s) permitted on the grounds or in the premises. Any evidence of any animal (pets) will result in forfeiture of security deposit and/or immediate termination of tenancy without a refund. This prohibition also includes any visitor(s) to the property.
13. The property has been smoke free and the Owners requests that it remains as such. Smoking is prohibited inside the house and any evidence of smoking inside the house shall forfeit security and the renter shall be charged for the cleaning of the entire property in order to restore it back to its original smoke free condition. This charge may exceed the security deposit in escrow.
14. The Owner shall not be liable to Tenant, or any other person for any injury, loss, or damage to any person or property on or about the premises. Tenant shall hold Owner, harmless and indemnified from and against all loss or damage occasioned by the use or misuse or abuse of any part of or fixture on the premises and from or against any omission, neglect, or default of Tenant, his guest, licensees or invitees.
15. Use of the fireplace at the property is prohibited.
16. Use of the Weber grill will be only in the designated location, as to not cause damage to the property. The grill and utensils will be cleaned before departure and left in useable condition.
17. Garbage and recycling procedures will be followed as outlined in directions posted in the property. Garbage is to be placed in the containers the night before pick-up in the plastic bags provided by the owner. The tenant must take all garbage from the property if the scheduled pick-up time is missed. No garbage is to be left in the house or on the grounds when the tenant departs at the end of the rental period. This includes food in the refrigerator.
18. I (we) will follow the rules and regulations of the Towhee Lane Association, wherein, it is prohibited to drive a vehicle to or on the beach at the end of Whippoorwill Lane (Pleasant Bay) and park it. Fires on the same private beach are also prohibited. I (we) will use the designated pathways to the beach or pond as posted in the house.
19. I (we) agree that this rental Agreement will not be assigned to any other party or the property sublet to any other individual other than the renter noted on this document.
TENANT’S SIGNATURE: ________________________________
DATE: ___________________________________