NC Vacation Rental Act
This Property is managed by a professional property manager (“Agent”) on behalf of Owner, and all Bookings are subject to these additional terms and conditions (together, “Addendum”). The terms of this Addendum are incorporated by reference and supersede any conflicting terms in the Agreement. Capitalized terms not otherwise defined in this Addendum shall have the meaning ascribed to them in the Agreement. Reference in this Addendum to the term “Agreement” means the Agreement as amended by this Addendum. This Agreement constitutes a contract between the Tenant and the Agent, as well as RedAwning. Payment of the deposit by Tenant and acceptance of the deposit by RedAwning/Agent constitutes execution and acceptance of the terms of the Agreement.
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (HEREAFTER “VRA”). 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 AGREEMENT TO RENT, 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.
DEPOSITS: All payments made by the Tenant will be held by RedAwning until 15 days prior to check-in. After this point, the funds (less RedAwning’s service fee) will be deposited within three banking days of receipt in an escrow account with PNC Bank located at 8 O’Henry Avenue, Asheville, NC.
CHECK-IN/CHECK-OUT: Check-in time is 4:00 PM EST on your arrival date. Check-out time is 11:00 AM EST on your departure date.
TRANSFER: Section 42A-19(a) of the VRA provides that if the Property is voluntarily transferred by the Owner, Tenant has the right to enforce the Vacation Rental Agreement against the grantee of the Property if the Booking end date is one hundred-eighty (180) days or less after the date the grantee’s interest in the Property is recorded in the Register of Deeds Office. If the Booking end date is more than one hundred-eighty (180) days after recordation of the grantee’s interest in the Property, Tenant has no right to enforce the terms of the Agreement unless the grantee agrees in writing to honor the Agreement, but Tenant is entitled to a full refund of any payments he or she has made. Unless the Property continues to be managed by Agent after transfer, within ten days of a property transfer, each Tenant will be notified in writing of the property transfer, the grantee’s name and address, and the date the grantee’s interest was recorded. If the Owner’s interest is involuntarily transferred to another prior to Tenant’s occupancy of the Property, Agent shall refund to Tenant any payments made by Tenant within sixty (60) days after the transfer.
RIGHTS AND OBLIGATIONS: Pursuant to 42A-17(b), if at the time Tenant is to begin occupancy of the Property, Owner or Agent cannot provide the Property in a fit and habitable condition or substitute a reasonably comparable property in such condition, as determined by Owner or Agent in its sole reasonable discretion, Owner or Agent shall refund to Tenant all payments made by Tenant.
MANDATORY EVACUATION: 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 Property, Tenant, whether in possession of the Property or not, shall comply with the evacuation order. Upon compliance, Tenant shall be entitled from the Property Owner to a refund of the rent, taxes, and any other payments made by the Tenant pursuant to this Agreement as a condition of Tenant's right to occupy the Property prorated for each night that Tenant is unable to occupy the Property because of the mandatory evacuation ordered. Tenant shall not be entitled to a refund if: (a) prior to Tenant taking possession of the Property, Tenant refused insurance offered by the Owner or Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Property due to a mandatory evacuation order; or (b) Tenant purchased insurance offered by the Owner or Agent. 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 rental to Tenant less the amount paid by Tenant for the Damage Deposit.
EXPEDITED EVICTION: Under 42-A-23 of the VRA, the expedited eviction procedure is allowed under the VRA and enforced if the Booking is for thirty (30) days or less. If the Booking is longer than thirty (30) days, Article 3 of Chapter 42 of the North Carolina General Statute applies.
ACCIDENTS: Tenant agrees to hold Agent harmless for any accident or injury whatsoever that may occur on the Property during occupancy. Tenant must immediately report any accidents or injuries to Agent.
OCCUPANCY: The following are all violations under this Section, and are considered material breaches that will result in cancellation of the Booking, rent forfeiture, and (if occupied) immediate eviction of Tenants with no refunds provided.
a. Violations of Maximum Occupancy. Maximum Occupancy refers to all persons at the Property at the same time, regardless of whether they are staying overnight or not. Violations can cause property damage (for example, well and septic over-use) as well as violate local laws and regulations. Tenant is required to obey Maximum Occupancy limits at all times.
Violations of Maximum Occupancy will result in an additional charge of $250 plus applicable taxes representing liquidated damages, or eviction of Tenants with no refunds provided.
b. Youth, high school or college groups, weddings, receptions, or meetings are not allowed under any circumstances.
c. Any group whose behavior creates a disruption or interferes with a neighbor’s peaceful enjoyment of their property.
d. Any use of the Property for illegal purposes, including groups that may be interested in allowing underage drinking.
e. The presence of firearms, pyrotechnics, unsupervised outdoor fires, any and all off-road vehicles, audible disturbances.
f. Littering on the rental premises.
g. Use of the Property by Tenant for a business purpose or in a manner designed to produce a monetary or financial profit, such as an event venue.
h. Use or occupancy of the Property in a manner that is inconsistent with the material representations made by Tenant in the application process.
i. Tenant acknowledges that the violations above can result in economic injury to Owner and/or Agent, and will result in legal action to recover damages to Property and Property marketability.
ALL PROPERTIES OFFER AN INITIAL SUPPLY OF THE FOLLOWING AMENITIES: (including, but not limited to): linens and towels (2 bath towels and 1 wash cloth per Tenant, 1 hand towel per bathroom sink), dishwasher detergent (2 loads, when applicable) and dishwashing soap, sponge (or dish cloth), laundry detergent (2 loads, when applicable), soap and shampoo (1 set per bathroom sink, including 1 bar of soap, 1 mini-shampoo and 1 mini-conditioner), paper towels (1 roll), toilet paper (2 rolls per bathroom), and garbage bags (2 kitchen bags, plus 2 recycling bags and 2 black bags, when applicable). All properties provide fully equipped kitchens or kitchenettes, including coffee makers as well as some cooking utensils. Locked pantries and closets are reserved for the use of the Owner and are not accessible to Tenant. Rearranging furniture or removing any items from the Property is prohibited.
Tenant acknowledges having read this Agreement before signing it, understands the meaning and legal effect of the terms of this Agreement, and believes that this Agreement is fair and reasonable. Tenant acknowledges receipt of a copy of this Agreement.
Signature may be required at the time of check-in.