Each unit is privately owned. It is understood that these properties are to be used but not damaged or neglected. The tenant shall be responsible for any damage beyond normal wear and tear. The property is not to be treated as a hotel or motel. Occupancy is limited to the number of people stated on front of the RENTAL AGREEMENT. Over occupancy can result in immediate eviction. Only those designated in this agreement, as Tenant shall occupy the unit unless written consent of Owner or Owner’s Agent is obtained. Tenant agrees to abide by all occupancy rules of association or other governing body.
NEW YORK & HAWAII RESIDENTS: If you are interested in purchasing travel insurance through Wagner Realty, please be advised that due to the Travel Retailer Act, Wagner Realty can not sell CSA travel insurance to residents of New York and Hawaii. If you still wish to purchase travel insurance you may check out their website at generalitravelinsurance.com to purchase or call CSA directly at 1-800-874-2442. We apologize for any inconvenience.
CANCELLATION TERMS: Because this is a privately-owned rental there can be no credit given in case of early departure or changes. 1) Tenant may have the option to cancel this agreement and pay $250.00 cancellation fee to Broker by providing Broker with written notice by certified mail at least 90 days prior to check in date. (NOTE: owner reserves the right to not accept cancellations for the high season months of January, February and March. 2) If tenant cancels this agreement less than 90 days prior to the check in date, Tenant may be obligated to pay all rent payments as specified in this agreement and all monies received by Broker or Owner shall be retained, unless Broker is able to re-let the unit for the same price and terms.
ACCOMMODATIONS: Due to circumstances beyond the control of Broker, should this unit become unavailable, every attempt will be made to relocate tenant to the comparable unit. Should a like unit not be available, all advance funds will be refunded to Tenant. Owner or Broker shall not be responsible for any costs Tenant may incur for travel or other arrangements in the event of cancellation by Owner or Tenant, or failure of Tenant acceptance by condo association.
PAYMENTS: All payments are due in full 90 days prior to arrival in the form of cashier’s check or money order (payable in U.S. funds). Personal checks will only be accepted if received 4 weeks prior to arrival and drawn on a U.S. bank. We also accept MasterCard, Visa, American Express and Discover for payments. Individual property owners are assessed a service charge for use of bankcards, therefore it is the property owner’s decision to accept or refuse this type of payment.
CHECK IN: Check-in time is 4:00 p.m. on the scheduled day of arrival. On high volume days such as Jan. 1st, Feb. 1st, March 1st and April 1st check in is not guaranteed until 5:00 p.m. check with agent 10 days prior to arrival for access instructions.
CHECK OUT: Check-out time on the day of departure is 10:00 a.m. If checkout time is not adhered to, there may be an additional day charged to your tenancy. Follow directions on your arrival packet for key return.
VEHICLES: No boats, motor homes, trailers, trucks, golf carts (unless specifically approved by Association), commercial vehicles or motorcycles shall be permitted on the premises unless otherwise provided herein.
SMOKING: All of our rental units are non-smoking unless otherwise designated. Any smokers must do so out of doors on patios or lanai areas, making certain that doors to living areas are closed at all times. (Unless otherwise posted with designated smoking areas).
PETS: Pets are not permitted and constitute a serious violation. If an exception is made, Tenant agrees to execute a pet addendum and Owner may charge a non-refundable pet fee and/or a pet deposit. Non-refundable fees are subject to sales and tourism tax.
AMENITIES: Tenant agrees to hold Broker and Owner harmless in the event of failure or non-availability of any amenity.
PHYSICAL ADDRESS: Mailing addresses for some communities may be different from the physical address of the property. Please verify correct mailing address with rental agent prior to having your mail transferred.
MAINTENANCE: In the event of failure of any of the equipment to work, PLEASE NOTIFY THE OFFICE and repairs will be made. Tenant, however, expressly waives and relinquishes any rights or claims against the owner, agent or manager for any damage that may result to tenant from lack of maintenance, repair or defect including owner’s, agent’s or manager’s ordinary negligence. All personal property of tenant kept on the premises is at the risk of the tenant. Owners and agents are not responsible for articles left on the premises. Owner shall be responsible for maintaining the unit unless damage is caused by Tenant’s misuse or neglect. Tenant agrees that no rent reduction or abatement will be given unless unit is deemed to be completely uninhabitable. Tenant may not make any changes to the unit and must put furniture back in its original placement if moved. Broker will order repairs in a timely manner, once tenant gives notification, but Broker has no control over the scheduling availability of vendors. Any work performed by condo or homeowners association in the unit or buildings, nearly buildings or grounds or common amenities is not reason for refund or cancellation of this agreement after check-in date. Broker shall not be liable for any losses or damages, including incidental or consequential damages, including those caused by Owners failure to perform repairs or maintain the unit.
SECURITY DEPOSIT: Deposits are required with all confirmed reservations and shall not be applied to the rent by Tenant. Security deposit balances, if any, will be refunded after satisfactory inspection of the unit and verification of all utility, phone and cable bills. Verification may delay return of deposit; therefore, tenant waives rights to receive deposit within 30 days. Allow at least 60 days for refund. Any damages or excess utility charges will be deducted from the Deposit and if any additional sums are due over and above the amount of the Deposit, Tenant agrees to send payment on demand from Broker or Owner immediately. A credit card number can also be held as a security in lieu of a cash or check deposit.
Security deposits shall be returned by mail. Deposits are held in the Agent’s bank account(s) and interest, if any earned, and permitted by law, shall be paid to Agent for administrative services and partial escrow Agents’ fees.
DEPARTURE CLEANING FEES: Tenant agrees to pay the cleaning charges plus applicable taxes. Accommodations are to be maintained in a neat and clean condition and linen services may apply. Tenant shall clean all dishes and remove all garbage from unit before departing. Tenant is not required to launder last minute linens/sheets/towels prior to checkout. Tenant shall not be responsible for making up beds at checkout. If Broker determines, in its sole discretion, that excessive dirt, furniture stains, carpet stains or other damage is present, additional charges will be assessed and charged to the security deposit and/or charged in addition to the deposit. Every care is given to ensure the unit is satisfactory upon guest arrival. Please report any deficiencies at once.
TELEPHONE/CABLE: Telephone (if provided) is for the tenant’s convenience in making local calls. Many of our telephones are equipped with long distance blocks, which may limit tenant’s usage. Unless otherwise noted, ALL LONG DISTANCE CALLS ARE TO BE CHARGED TO TENANTS CREDIT CARD, TELEPHONE CALL CARD, HOME PHONE OR AS A COLLECT CALL. The tenant is liable for cost of any and all long distance phone calls, applicable taxes, and other expenses incurred in collection of such costs. A $20 administrative fee plus 10% of any toll charges will be assessed to tenant if long distance or toll calls are charged to unit phone. Collect calls cannot be received in the rental unit. Cable services are provided in most units. Any additional cable services required by tenant shall be added at tenant’s expense and prepayment for services. The cable company charges a fee for upgrading and downgrading of services.
MISCELLANEOUS CHARGES: Tenant shall be assessed charges and Association charges, if any, for each key, key fob, pass, pool tag or opener lost or not returned to Broker or Owner upon checkout. Such charges will be deducted from the Deposit. In the event of a lockout, Tenant agrees to pay the Locksmith directly to provide access (or $75 fee to Broker if Broker agrees to provide access during non-office hours). If the tenancy is in a condominium, the tenant shall abide by all applicable rules and regulations that may now or hereafter apply. Tenants may be required to pay a fee for screening by the Condominium Association.
INDEMNIFICATION: Tenants shall indemnify the owner against any expenses, loss to liability paid, suffered or incurred as a result of any breach by the tenant, tenant’s agents, servants, employees, visitors, invitees, or license of convents of condition of this RENTAL AGREEMENT, or as a result of tenants use or occupancy of the premises, of the carelessness, negligence or improper conduct of tenant or the aforesaid mentioned parties. Tenant agrees to reimburse owner for any fine or penalty, which may be imposed upon owner by the condominium association by reason of any violation upon the premises through the use thereof, or fault of the tenant herein his agents or servants. Tenant agrees to pay all costs incurred by owner or manager in enforcing by legal proceedings or otherwise, the terms of this RENTAL AGREEMENT, and the rules and regulations of the condominium association including reasonable attorney fees.
Because there are no lifeguards or other attendants at the swimming pools, tenants are expressly responsible for the safety of themselves, members of their family, and guests using swimming pools, spas or other recreational facilities, and in so using or permitting to be used, specifically waive any and all liability claims express or implied against the condominium association, property owner, or owner’s agent.
ATTORNEY’S FEES: Should it become necessary for Owner or Broker to employ an attorney to enforce the terms and conditions of this agreement, Tenant shall be responsible for all costs and Attorney fees including but not limited to an in-house attorney of broker whether or not suit is filed.
RIGHT OF ENTRY: Unit is currently list for sale unless otherwise disclosed. Upon 24-hour notice, Owner or Owner’s Agent have the right to enter the unit for the purpose of showing the unit to prospective purchasers. Owner or Broker and/or its representatives have immediate right of entry in cases of emergency, repairs or to protect or preserve the premises. Tenant shall not alter premises or add locks without prior written consent of Owner or Owner’s representative.
HAZARDS: If is unknown if there are hazards that affect the property. Broker does not have the technical expertise to advise you of their significance or to ascertain whether or not they are present. Hazardous substances in the home an include cleaning chemicals, paint, lawn and garden chemicals and variety of indoor air pollutants that can accumulate in improperly ventilated buildings. Hazardous substances outside the home include those found in contaminated land, water, landfills and other disposal sites, and industrial air and water emissions. Some of the more common hazards are asbestos, ground water contamination, lead base paint, and urea formaldehyde, foam insulation (UFFI) mold, mildew and radon gas. Any property built prior to 1978 may contain a lead based paint hazard. Tenant is not permitted to have access to any rooms, storage areas or closets, which are designated to be exclusively for the use of the Owner.
RADON GAS NOTIFICATION: Radon gas is naturally occurring radioactive gas, that when it has accumulated in the building in sufficient quantities may present health risks to person who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from your county public health unit. Broker makes no representation about the existence of Radon Gas on the subject premises.
MOLD: Mold consists of naturally occurring microscopic organisms which reproduce by spores. Mold breaks down and feeds on organic matter in the environment. The mold spores spread through the air and the combination of excessive moisture and organic matter allows for mold growth. Not all, but certain types and amounts of mold can lead to adverse health effects and/or allergic reactions. Not all mold is readily visible, but when it is, can often be seen in the form of discoloration, ranging from white to orange and from green to brown and black, and often there is a musty odor present. Reducing moisture and proper housekeeping significantly reduce the chances of mold and mold growth. Tenants are advised to use the air conditioning, if provided, in a reasonable manner and use the heating system in moderation and keep the premises properly ventilated by running ceiling fans if provided.
TIME IS OF THE ESSENCE: Time is of the essence with respect to all time periods contained in this agreement.
AGENCY: Tenant understands and agrees that Owner will compensate Broker.
ACCEPTANCE BY FACSIMILE CONSTITUTES VALID BINDING ACCEPTANCE OF THIS RENTAL AGREEMENT
