Newaygo, Mi 49327
RENTAL AGREEMENT
PLEASE READ CAREFULLY
Today’s Date_________________________
Renter’s Name: __________________________________________________________
Address: _______________________________________________________________
City, State, Zip __________________________________________________________
Day Phone #_____________________ Evening Phone # _______________________
Stay Rate ______________________________________________________________
How many nights?_______________________________________________________
How many persons?______________________________________________________
How many pets?_________________________________________________________
Date In (enter after
Will there be a boat on the property? ? Yes ? No
THIS AGREEMENT is entered into on _________________, 20____, by and between 1717 HESS LLC (hereinafter referred to as the "OWNER"), and _________________________________ (Renter name, hereinafter referred to as the "RENTER").
IT IS UNDERSTOOD AND AGREED TO BY ME, AS RENTER OF “HESS LAKE CHARMER” (hereinafter referred to as the “Property” or “Unit”), 1717 HESS LAKE DR, NEWAYGO, MI 49327, THAT:
NOTICE: BY THE TERMS OF THIS RENTER OCCUPANCY AGREEMENT, 1717 HESS LLC AND THE RENTER ARE INTENDING TO CREATE A PROPRIETOR/LICENSEE RELATIONSHIP AND NOT A LANDLORD/TENANT RELATIONSHIP.
1. RESERVATIONS CONFIRMED – Your reservation is confirmed upon receipt of ½ total amount due $_________ and $_______ for pet deposit and $_______ for cleaning deposit payable via check, or by money order, or cashier’s check. The remaining balance $_______ is due 2 weeks prior to arrival date or your reservation date will be subject to be canceled with no refund. The rental amount due is due 25 days before check-in via check, money order, credit card, or cashier’s check. (multiple checks will not be accepted and a valid credit card number is to be provided)(mail to:
2. CANCELLATIONS – In the event Renter cancels the reservation at least 30 days prior to the arrival date and the Property is re-booked, 75% of the deposit shall be refunded. If the premises are not re-booked or the Renter cancels within 30 days of the arrival date, the deposit is non-refundable, and the full rental amount is due, and will be billed to Renter’s credit card. All cancellations must be made in writing and delivered to the Renter via mail or facsimile.
3. DAMAGE/SECURITY DEPOSIT – Refunded within 3-10 business days after your departure. Deductions will be made for lost keys ($25), damage, missing items, or excessive cleaning.
4. ASSIGNMENT AND SUBLETTING: The Renter shall not assign this Agreement or sublet any portion of the Property without prior written consent from owner.
5. RESPONSIBLE PARTY – The name appearing on the reservation is responsible for payments and the actions of all occupants. We do not accept multiple payments from different parties.
6. ARRIVAL/DEPARTURE – Unless special arrangements have been made in advance, check-in time is anytime after
7. PARKING – No parking is allowed in the area between the front of the house and Kathleen st. This is where the septic system is located. Parking in this area may result in damage to septic lines. Renters will be responsible for all septic repairs due to parking in this area. Do not drive within 10 feet of the water. We encourage parking on the pavement only.
8. ERROR/OMISSION – Owner will exercise care in avoiding conflicts with reservations; however, if through error or omission, the owner or other renters are occupying the rental unit, or the unit is otherwise unavailable for any reason on the dates of the rental agreement, the owner reserves the right to provide other accommodations at a rate within the price range of this agreement. If such arrangements are not accepted, cancellation of this agreement will result in refund of deposit as liquidation damages. In no event will renter be permitted to demand removal of those occupying the rental unit or further damages.
9. UNAVAILABILITY – The rental unit may become unavailable for rental for various reasons, including, but not limited to acts of nature, governmental regulations, health, or safety concerns. In the event the rental unit shall become unavailable for rent, the owner will make every effort to contact the renter prior to their arrival and will attempt to provide alternate accommodations. Neither renter nor Owner shall make any claims against the other due to the unavailability of the rental unit.
While
10. HOLD HARMLESS CLAUSE / WATER USE. Renter agrees for themselves, their heirs, and personal representatives, to indemnify and hold Owner their agents or employees, harmless from all damages, loss, or liability that results from their negligent or illegal use of the property and from their intentional misuse of them. Swimming, boating, hot tub use and any other water activity will be done “at your own risk” and no life guard will be provided. It is a parent's or a guardian's responsibility to watch children at all times during water use. Children must not be left unattended during water use. No diving into the channel is ever allowed since serious injury, paralysis, or even death, could occur. The Owner will be held harmless for any injury, death or accident that may occur to Renter or any occupant, guest, licensee or invitee of Renter, during renter’s stay.
______ ______ INITIAL(s)
11. RENTERS must be at least 21 years of age.
12. NUMBER OF RENTERS – There shall be no more people in the rental unit than contracted for in this agreement under the number of occupants identified above. Use of tents or RVs is not permitted on the premises unless otherwise agreed upon in a separate agreement. At no time during the rental period will there be a large party or group in the rental unit or on the property upon which the rental unit is located. Owner reserves the right to inspect the rental unit and require additional people to leave immediately. Additional problems of any nature, or evidence that unlawful acts have been committed will result in all occupants of the rental unit being required to vacate the premises immediately and will result in loss of rents and deposits. NO KEG BEER ALLOWED ON PREMISES.
13. PETS – If, the Owner allows dogs, cats, or other animal or pet on the Property, it must be under the following terms: _____________________________________________________.Pets must be on a leash when outside and attended by an adult at all times. Renters, occupants and visitors must pick up after their pet(s) in all areas of the Property. If the Renter, occupant or visitor fails to comply with this provision, Renter agrees that a service charge of $20.00, plus the costs of cleaning and repairs, which Renter agrees will be billed to the Renter's credit card.
14. SMOKING – Smoking is NOT allowed inside the home. Please restrict smoking to the exterior of the home. Please do not leave cigarette butts on the ground or in the fire pit. Please extinguish and dispose of cigarette butts in a container place them in the outside trash. Cigarette butts or bottle caps left on the property will result in full loss of security deposit.
15. CIRCUMSTANCES BEYOND OWNER’S CONTROL / EQUIPMENT FAILURE. It is expressly agreed and understood that the Owner shall not be liable for circumstances beyond their control including malfunction or breakdown of appliances, air conditioning or other unit equipment including TV sets, or due to unfavorable weather, acts of nature, disruption of utility services or any other situation occurring not under Owner’s control and there will be no refund or rebates of all or any part of the rental fee in such circumstances. Trip Cancellation/Interruption Insurance is highly recommended to protect against unfavorable weather and Acts of God. Owner is not responsible for any weather conditions or Acts of God or nature that happen during Renter’s stay on premises and no refunds will be made. Upon the issuance of a mandatory evacuation or where Owner, in good faith, believes the continued occupancy of the property to be dangerous, then Renter agrees to vacate the premises. We reserve the right to make a full or partial refund due to air conditioning, heating, or appliance failures. Failures will be repaired as quickly as possible. Contact 231-206-5333 or 616-638-9384.
16. TELEPHONE – No telephone service is available in the home.
17. CABLE TV - ("Pay per View") (if provided): The Renter is responsible for all "Pay per View" Cable charges incurred while occupying the Property. If any "Pay per View" charges appear on the Property's monthly bill for the term of the Renter's occupancy, Renter agrees that a service charge of $20 plus the cost of the charges will be billed to the Renter's credit card.
18. NOISE – Radios, stereos, televisions, and musical instruments must not be allowed to create a nuisance. Outdoor music of any kind is prohibited after
19. COOKING GRILL and OUTDOOR FIRES – These are to be used only in the area where they are located. Grilling is permitted only on concrete driveways. Absolutely no grilling is allowed on decks, or near wooded areas. If a grill is provided with the property, Renter agrees to clean the grill after each use by Renter. Please close the grill when possible to reduce fire hazard.
20. LINENS – Linens shall not be removed from the home at any time. Please bring your own towels for outside use. We do supply towels for bathing. There will be a charge for linens that are missing/damaged or otherwise unusable. We will only supply linens for the beds in the home.
21. TRASH/GARBAGE – All trash/garbage must be placed in the trash bags provided and tied and placed in the outside containers. Do not place loose garbage in the container. Upon your departure, the containers are to be placed curbside at the edge of the property.
22. MAINTENANCE OF PROPERTY: The Renter shall keep and maintain the Property in a clean and sanitary condition at all times, and upon the termination of the occupancy term, the Renter shall return the Property to the Owner in as good a condition as when received, ordinary wear and damage by the elements excepted.
23. ORDINANCES AND STATUTES: All Renters, occupants and/or visitors shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the use of the Property.
24. INSURANCE. Owner and its agents are not responsible for theft of personal property of Renter, their guests or invitees; or for damage, loss, or destruction of personal property of Renter, their guests or invitees, from any cause, including acts or omissions of third parties, unless caused by Owner 's failure to perform or negligent performance of a duty imposed by law. TENANTS ARE SPECIFICALLY ENCOURAGED TO INSURE THEIR PERSONAL PROPERTY. Owner is not responsible for items left behind by Renter or their occupants and guests. Items left behind will be held for a maximum of two weeks. Upon request by Renter, any items left in the premises will be returned C.O.D. at Renter’s expense through a mailing service.
25. DAMAGES: Tenant agrees that they will treat Landlord’s property within the property with all due respect and care. Renter agrees to be liable to Owner for any damage, loss or injury suffered by Owner which is caused directly or indirectly by the negligence of Renter, or any occupant, guest, licensee or invitee of Renter, including any loss due to fire and any liability of Owner to any other person arising out of Renter’s acts or the acts of any occupant, guest, licensee or invitee of Renter. Should any damages or alterations be noted upon inspection after Renter’s departure, Renter agrees to a service charge of $20 plus the cost of repair will be billed to Renter’s credit card.
26. REPAIRS: Upon discovering an item needing repair, please notify the Owner during business hours or, if an emergency, immediately. All repairs will be made as soon as possible. The Owner is not responsible for compensation of any part of the Renter Fee due to the failure of fixtures or appliances resulting in short-term inconveniences.
27. DEFAULT: If the Renter shall fail to perform any provision and/or term of this Agreement, the Owner, at its option, may immediately terminate all rights of the Renter and the occupants. If the Renter abandons or vacates the Property having damaged the Property, in addition to all other legal remedies available to the Renter or Owner, the Renter or Owner may consider any personal property left on the Property to be abandoned and dispose of the same in any manner allowed by law. Renter shall be liable for the actions of all occupants, visitors or other persons on the Property during the Term.
28. ASSIGNMENT AND SUBLETTING: The Renter shall not assign this Agreement or sublet any portion of the Property without prior written consent of the Owner. Any assignment or subletting of the unit will be void and completely ineffective, and will be a default allowing Owner to regain possession of the unit. Parents: we do not allow teenage (under the
29. ENTIRE AGREEMENT: This Agreement sets forth all the promises, agreements, conditions and understandings between the Renter and the Owner concerning the Property and there are no agreements, conditions or understandings, either oral or written, between them that are not herein set forth. No alteration, amendment, change or addition to this Agreement shall be binding upon either party unless reduced to writing and signed by each party.
30. SEVERABILITY: If any clause, phrase, provision or portion of this Agreement shall be invalid or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this Agreement or any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances.
31. QUIET ENJOYMENT: As long as the Renter performs all the covenants and conditions of this Agreement, he/she shall have peaceful and quiet enjoyment of the Property for the Term stated herein. Quiet Hours are between
32. ENTRY BY OWNER. Owner or its agents may enter the Premises in an emergency or to perform repairs, maintenance, code inspections, appraisals, insurance inspections, other purposes reasonably related to the operation of the building. Except during an actual or apparent emergency, all entries shall be made during reasonable hours; and Owner shall make reasonable efforts to inform Renter of its intention to enter and shall attempt to establish a mutually acceptable time.
33. BINDING EFFECT: All the agreements, conditions and undertakings herein contained shall extend to, and be binding on, the representatives, heirs, executors, administrators, successors and assigns of the respective parties hereto as if they were in all cases named.
34. EXAMINATION OF AGREEMENT: The submission of this Agreement for examination does not constitute a reservation of or option for the Property. This Agreement shall become effective only upon execution and delivery of the Agreement by the Renter and the Owner and by the Renter delivering the deposit to the Owner.
35. CONTROLLING LAW: This Agreement shall be governed by, and construed in accordance with the laws of the State of
I HAVE READ THIS RENTAL AGREEMENT, AND AGREE TO ADHERE TO THE TERMS STATED HEREIN AS A CONDITION OF MY USE AND ALL OTHER PARTIES. AS AGREED, THE SIGNATORY BELOW WILL BE RESPONSIBLE FOR ALL MONIES OWED.
PRINTED NAME
SIGNATURE DATE
OWNER /
AGENT SIGNATURE DATE
List Names of Renter and Renters and also include Pet Breed and Pet Names (if applicable)
1. ________________________________________________________
2. ________________________________________________________
3. ________________________________________________________
4. ________________________________________________________
5. ________________________________________________________
6. ________________________________________________________
7. ________________________________________________________
PLEASE KEEP A COPY FOR YOUR RECORDS AND FAX SIGNED AGREEMENT TO: (616) 604-1900
OR MAIL TO:
Grant, Mi 49327
Attn: Sherri Russell
You can email to sherri@monaviewholdings.com or call her direct at (616)638-9384 if you need any additional question answered or assistance regarding this contract.
NOTE: This portion of the contract will be secured in a locked safe until the completion of the contract at which time it will be destroyed by shredding.
RENTER ADDITIONAL INFORMATION
Place of Employment:_______________________________________
Spouses Name:_____________________________________________
Credit Card Number:_______________________________ Type of Card :____________________ Expiration Date:_________
Name as it Appears on Card : ______________________________________
(card to be used only for excessive damages not covered by deposits)
Please Sign Here (for credit card approval): ___________________________________________
Social Security Number
OR Photocopy of Driver’s License:_____________________________________________
Reservation charges:
Over night stay fee (per night $_______) $_______________ (total days)
6%
Cleaning Deposit $_______________
Pet Deposit $_______________
Total= $_______________