The following are terms and conditions for the lease of 201 The Cove, Dewey Beach, DE.
1. It is agreed that Tenant will use the premises solely as a private dwelling for the use of the Tenant, family and guests. Leased premises are limited for occupancy by no more than 6 people. Tenant may not sublet the property. In addition, the tenant agrees to obey the Rules and Regulations of the Cove Condominium HOA and Dewey Beach Regulations. Failure to do so shall be cause for termination of this Lease and eviction from the property with no refund or monies paid.
2. It is agreed that a security deposit and cleaning fee will be collected to reserve a date. This is separate from the rental fee. Full rental payment is due 21 days prior to possession and Tenant shall not be entitled to possession unless and until said amount has been paid. Owner will not initiate sending check-in information until all monies have been received. Check-in time is at 2pm.
3. Tenant agrees to surrender possession of the property promptly at check-out time 10 am. Tenant also agrees that the owner is not responsible for Tenant personal property left in the condo at checkout.
4. Tenant agrees that he/ she is personally responsible for damage to the property caused by Tenant, family or guests (reasonable wear and tear and Acts of God excepted). The term damages may include failure to leave the property in good condition upon departure. The owners reserve the right to recover financial or other loss due to damages from any security deposit collected.
5. Tenant waives the right to withhold rent for any alleged deficiency or to otherwise claim that the property has been misrepresented to him. Both Tenant and owner agree that to the best of their knowledge and belief, the premises comply with the statutes, rules and regulations of governmental authorities.
6. Tenant agrees that he/ she will immediately upon taking occupancy make an inspection of the property and report to the owner any weakness that may result in injury to Tenant, family or guests. Tenant will indemnify the owner for any injuries accidental or otherwise that may be incurred or suffered upon the premises for any cause whatsoever during the term of the contract.
7. In the event of cancellation by Tenant, any monies paid will be forfeited, unless the owner is able to secure another Tenant.
8. If, during the term of this Lease, the building is so damaged by fire or other casualty, without fault or negligence of the Tenant, that it is rendered unfit for occupancy this Lease shall terminate and the prorated balance of the rent shall be returned to the Tenant. If the building is damaged prior to occupancy and cannot be made ready by the beginning of this Lease, this Lease shall terminate and the deposit will be returned in full.
9. Tenant acknowledges that the Landlord-Tenant Code does not apply to a Lease of less than 120 days and agrees to conform to condominium rules and to both municipal and state laws. Violation of such rules, regulations or laws or Tenant acting in a manner objectionable to the neighbors to the property will be grounds for eviction without refund of the rent. Tenant agrees the property will not be used for any commercial purpose. Tenant agrees, upon request of owner, to vacate the property promptly.
10. Any time prior to taking of occupancy by the Tenant, the owner and the Tenant agree that for any reason whatsoever and at its sole option without liability to either owner or Tenant, owner may void this Lease by returning any rent paid by the tenant.
11. The user/tenant releases all claims and holds harmless the Cove Condominium from any and all liabilities, damages, expenses, cost, claims and causes of action that such Cove Condominium member may have or claim to have now or in the future against the Cove Condominium Association.
12. It is mutually agreed that this is a legally binding contract; any action by either party rising out of this agreement or to enforce this agreement shall be brought in Sussex Count Delaware and shall be governed by the Laws of the State of Delaware. It is also agreed that under no circumstances will the liability of the owner exceed the full amount of the Lease.
13. Removal of property from the condo constitutes theft and is grounds for prosecution. It also makes conveniences unavailable to other Tenants. If something is broken, damaged or missing, notify the owner at once. Otherwise, Tenant may be held liable for the damages and may forfeit any security deposit collected by the owners. This includes removal of parking permits from the unit. Tenant will be charged replacement value.
14. Addendum: In September 2008, the Town of Dewey Beach passed a referendum item for the implementation of an Accommodations Tax. At present this rate is set at 3% of the gross rent. This tax will be assessed to the Tenant as part of this lease.
Please Initial: __ I have received and reviewed a copy of the Rules and Regulations and agree to abide by them. __ I have received and reviewed the above Terms and Conditions and agree to abide by them. __ I am > 21 years of age. Please provide a copy of your Driver's license.
Date Requested:_____________ Number of guests:____________ Responsible party name:______________________ Contact Information (address, phone, email)________________________________________ Reservation deposit: (security deposit plus cleaning fee) $_____________ Rental amount due w/in 21 days occupancy: (rent plus 3% DB tax) $_____________
Reservation deposit and rental monies sent to: Sharon Smith, 4114 Lomar Terrace, Mt. Airy, MD 21771 (Tenant signature/ date) (Owner signature/ date) ------------------------------------------------------------------------------------------ (owner use only) ___reservation deposit received, date ___confirmed w/Tenant: balance $___________due by_______________ ___ cleaning service charge $___________ ___balance received, date_________________ ___tenant letter sent date________________ ___deposit refund amt $_______________ sent date