This Lease Agreement (this “Lease”) is dated on the date of your booking via Stayloom.com, by and between Heirloom, Inc. (“Landlord”), and you (“Tenant”). The parties agree as follows:
PREMISES. Landlord, in consideration of the payment of all sums as provided in this Lease, leases to Tenant a residence (the “Premises”) located at the address provided in the corresponding listing on Stayloom.com.
TERM. The Tenant will have use of the Premises beginning at 3:00pm on the date of check in. Said right of use will terminate at 11:00am on the date of check out.
LEASE PAYMENTS. The total rental payment owed for this lease is payable at the time of booking. The quote provided on Stayloom.com is the total owed.
SECURITY DEPOSIT. At the time of the signing of this Lease, in lieu of paying a refundable damage deposit, Tenant shall agree and allow Heirloom to assess Tenant’s credit or debit card used at checkout in compensation for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. The maximum amount that may be charged by Heirloom for damages is specified in the property listing on Stayloom.com. Tenant agrees that they have read, reviewed, and agree to the specified damage deposit amount. The Security Deposit will protect owner against damage or theft to the property and timely return of any and all keys. The Security Deposit will be returned after Renter vacates property if the Property is not damaged, no theft has occurred, and keys are returned. The Security Deposit may be applied by Landlord to satisfy repair expenses for damages caused by Renter or to replace stolen items and such act shall not prevent Landlord from claiming damages in excess of the deposit. The Tenant is held financially responsible for damages to the Premises, whether made by themselves, their family, and/or their guests or invitees.
POSSESSION. Tenant shall be entitled to possession on the first day of their booking as outlined on Stayloom.com, and shall yield possession to Landlord on the last day of their reservation, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted. Landlord cannot be held liable for any lost or forgotten property; a fee of $100 will be assessed in addition to shipping and handling fees for the expeditious return of any personal affects found after departure. Failure to vacate the Premises at the end of the Term shall subject Tenant to charges of $2,000 per day until the Premises are returned to Landlord in accordance with this agreement.
USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a dwelling unit, and comply by the house rules as provided.
OCCUPANTS. No more than the stated maximum capacity in the listing on Stayloom.com may occupy the Premises at any one time unless the prior written consent of the Landlord is obtained. Any party falsely representing the number of people, or exceeding the maximum may be subject to immediate eviction without refund.
NON-DISTURBANCE CLAUSE. Tenant and their guests shall not disturb, annoy, endanger or inconvenience neighbors nor use the premises for any unlawful purposes. Any visit by the Police Department in the city in which the property is located will be presumed to have been due to a violation of this agreement and result in a loss of the Security Deposit.
CANCELLATIONS. (a) If the Property becomes unavailable to the Tenant prior to occupancy, for any reason, Landlord agrees to refund the full amount paid to the date of cancellation, and Tenant agrees to release any claims against Landlord. (b) If, for any reason, the Tenant cancels this Agreement more than 30 days from the Arrival Date, Tenant will receive a refund equaling half of the total reservation cost. For Tenant cancellations made 30 days or less, all amounts paid (Reservation Deposit and Final Payment) will be forfeited without exception. Landlord strongly suggests Tenant purchases travel insurance. Failure to pay the Final Payment in a timely manner will be considered a cancellation under this subparagraph and will result in forfeiture of the Reservation deposit.
SMOKING. Smoking is strictly forbidden inside the Property. Smoking is only allowed “outside.” Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee charges to Tenant as Excess Damage Cost and will be charged against the credit card on file or Tenant’s security deposit at Landlord’s election.
COOKING. Tenant may cook only in the specific areas set aside by Landlord for cooking. No open fires are allowed other than in the grill, outdoor fireplace, or in the stone hearth. The grill must remain in open area, away from trees, house, etc. All fires must be thoroughly extinguished before leaving unattended.
CLEANING. The property will be inspected and cleaned after departure. The rental fee includes laundry service for the towels and linens. Tenant is required to leave the property in the same general condition that it was received. Should Tenant leave the property in a condition above and beyond what is considered normal use, Landlord will assess an additional $300 cleaning fee.
INTERNET USAGE. Landlord provides free internet/wifi at this property for Tenant’s use. By booking this property, Tenant agrees to abide by house rules surrounding proper internet usage. By using the internet connection/wifi associated with Landlord’s rental, Tenant agrees to not view, stream, download, or otherwise engage with illegal or inappropriate content. Landlord cannot be held liable for Tenant’s internet misconduct.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.
CASUALTY OR DESTRUCTION. (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Tenant, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Tenant. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Tenant and Landlord. No refund is due (or will be made) for inclement weather.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by email, mail, postage prepaid, addressed to the party at the appropriate address set forth below.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State in which the property booked by Tenant is located.
EVICTION WAIVER OF NOTICE. Tenant does hereby waive any and all notices of eviction required by state or municipal civil code or law. This means, a 5-day period to vacate said Premises will not be granted. If tenant is ordered to evict, tenant must do so immediately.
NON-LIABILITY OF LANDLORD. Tenant understands and agrees that Landlord and Landlord’s agents shall not be liable for injury or damage to person or property of Tenant, his family, guests, employees or invitees, occurring in, on or about the Premises or occurring anywhere in or on the area in which the Premises are located, or in or upon the grounds in which the Premises is located or in any other building or structure on said grounds, however caused or arising except by the direct negligence of Landlord, or Landlord’s agents or employees, and agrees to defend, indemnify and hold Landlord and Landlord’s agents harmless from any and all claims, suits or damages resulting therefrom.
Tenant understands and agrees that Landlord and Landlord’s agents will not be responsible for damage caused by leaks in the roof, by bursting pipes, by freezing or otherwise, or by any vices or defects of the leased property, or the consequences thereof, nor will the Landlord or Landlord’s agents be liable for damages or injury caused by any vices or defects of the leased property to Tenant, or any tenant or occupant or to anyone in the building or on the premises, except in case of positive neglect or failure to take action toward the remedying of such defects within reasonable time after having written notice from Tenant of such defects and the damage caused thereby. Should Tenant fail to so notify Landlord promptly, in writing, of any such defects, Tenant will become responsible for any damage or injury resulting to Landlord or other parties caused by tenant’s negligence. It is recommended that the said Tenant shall maintain renter’s insurance coverage on Tenant’s possessions to be placed within and on the premises. Tenant understands and agrees that Landlord shall only be required to maintain such insurance as is required by law, and is under no duty to Tenant to provide insurance insuring Tenant, Tenant’s family, guests, visitors or other invitees, or the property of Tenant or such other persons.
ENTIRE AGREEMENT/AMENDMENT. This Lease, including the Rules to be provided, contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Lease.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute in the appropriate court of the State in which this property exists.
CAUSE FOR EVICTION. The Tenant and all guests or invitees of the Tenant will be subject to immediate eviction from the Property if the Tenant or its guests or invitees violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provisions, smoking, noise ordinance, parking, or additional rules as provided. In the event of eviction from the Property, the Tenant shall forfeit all amounts paid and there will be no refund of money.
ATTORNEY’S FEES AND COSTS. If Landlord employs the services of an attorney to enforce any conditions of this Agreement, collect any amounts due, evict the Tenant, or because Tenant takes any action to recover deposits not due, Tenant shall be liable to Landlord for all attorney’s fees and costs incurred by Landlord, and in no event less than the greater of 25% of the amount claimed as due or $500.00.
ACKNOWLEDGMENT. The Parties hereby understand and accept the terms and conditions on all pages of this Agreement. By booking through Stayloom.com, Tenant agrees to book the Premises under the same name as shown on their credit card. If the names do not match, Tenant agrees that the name provided at time of purchase, and thus associated with this rental agreement, is their true and lawful identity. Tenant agrees that the completion and payment for their reservation through Stayloom.com will be considered their signature of and full and knowing agreement to this Lease.