1. TERM. The Term of this Lease shall commence on the Commencement Date stated in the Basic Provisions (Section 1 above). and continue thru the Expiration Date. If Property Manager is unable to deliver possession of the Property on the Commencement date, the Rent shall be abated on a daily basis until possession is granted. If possession is not granted within fourteen (14) days of the Commencement Date, Guest may void this Lease and be refunded any deposits paid to Property Manager. Property Manager shall not be liable for delays in the delivery of possession to Guest.
2. CHECK IN/CHECK OUT. Unless otherwise agreed by Property Manager, check in time is after 3pm on Lease Commencement Date. Early check in will need to be requested and approved in writing by Property
Manager the day before check in. Guests are not allowed in the Property if it is being cleaned. Check out time is before 11am on Lease Expiration Date, Unless Property Manager has given written permission for late check-out. An unapproved late check out will be subject to a $150 fee for the first eight (8) hours; thereafter occupancy of the Property by Guest shall constitute holdover subject to Section 17 herein. Upon expiration or earlier termination of this Lease, Guest shall surrender the Property and all keys thereto to Property Manager.
3. CANCELLATION; EARLY TERMINATION. There is no right to cancel or terminate this Short-Term Lease Agreement. If a booking is made more than 6 months out then a special cancelation policy will be made for that booking, which is typically 9o days before check-in date. In the event Guest (i) vacates the Property (removing all or substantially all of Guests’ personally therefrom), or (ii) indicates to Property Manager or Owner that Guest wishes to cancel this Agreement, then at Property Managers’ option this Agreement shall terminate and all monies paid to the Property Manager shall be deemed “liquidated damages.” In such event the parties acknowledge and agree that the actual damages incurred by the Property Manager would be significant but difficult or impractical to ascertain. Therefore, the parties agree that as a reasonable pre-estimation of said damages and not as a penalty Property Manager shall be entitled to retain all sums paid by Guest (including without limitation all Rents and Deposits) as liquidated damages for Guests default and/or early termination.
4. RENT, DEPOSITS & FEES: Guest agrees to pay to Property Manager the sums set-forth in the Basic Provisions (Section 1 above) and detailed below in consideration of this Lease.
A. Security Deposit. The Security Deposit is due upon the signing of the Lease and will be held by Property Manager in a non-segregated account. The Security Deposit will be returned to Guest within thirty (30) days after the Property is vacated subject to deductions for the following: (1) the cost of repairing any damage to the Property caused by Guest or Guest’s invitees; (2) all fees for keys that have not been returned; and (3) any other unpaid fees, costs and charges as provided-for herein. The Security Deposit may be applied by Property Manager to satisfy all or part of Guest’s foregoing obligations and such act shall not prevent Property Manager from claiming damages in excess of the Security Deposit. Guest may not apply the Security Deposit to any rent payment.
B. Rent. The full Rent for the Lease Term is due upon Lease execution and is completely earned upon payment and is non-refundable. If Rent is paid by credit card Guest shall pay all applicable merchant fees. The Rent includes: (i) use of all furnishings present in or upon the Property as of the Commencement Date; and (ii) standard utilities including gas, electric, water, sewer, basic cable and Wi-Fi (collectively, the “Utilities”), up to the amount of the Utilities Cap set-forth in the Basic Provisions (Section 1 above). Guest shall pay monthly any Utilities charges in excess of the Utilities Cap as invoiced by Property Manager and/or from the service provider. All fees or other sums payable by Guest or assessable by Property Manager pursuant to this Lease are termed “additional rents”.
C. Booking Fee. The Booking Fee is due upon Lease execution to the Property Manager and is non- refundable.
D. Exit Cleaning Fee. The Exit Cleaning Fee is due upon Lease execution to the Property Manager and is non-refundable. If the Property is left in a condition requiring extraordinary cleaning exceeding the allotted exit cleaning fee amount, the Property Manager may deduct additional reasonable cleaning fees from the security deposit for the additional cleaning charges or assess same as additional rent.
E. Damage Coverage Fee. The Damage Coverage Fee is due upon Lease execution and is non- refundable. The Damage Coverage Fee covers minor damage to the Property up to the (“Coverage Cap”) resulting from Guest’s occupancy of the Property. Guest remains liable for all damage to the Property and its’
contents in excess of the Coverage Cap which is assessable as additional rent by Property Manager and/or may be deducted from the Security Deposit.
F. Pet Fee. In the event Guest maintains any animal at the Property at any time (even overnight) during the Lease the Pet Fee due and payable. The Pet Fee is set-forth in the Basic Provisions (Section 1 above). The Pet Fee is a non-refundable fee to be utilized by Property Manager to clean the Property and/or restore any damage to the Property as a result of occupancy by the pet, provided that nothing herein shall limit Property Manager or Owner’s ability to seek additional sums from Guest to repair damage to the Property or furnishings therein resulting from the Guest’s pet, which sums shall be payable by Guest upon demand.
5. USE. The Property shall be used for single-family residential purposes only and shall be occupied only by the Permitted Occupants listed in the Basic Provisions (Section 1 above). The Property shall be used so as to comply with all Applicable Laws (See Section 18Q below) as well as all rules and regulations as may established from time to time by the community in which the Property is located (i.e. homeowner’s association rules, apartment community rules, etc) (the “Rules and Regulations”). Guest shall not use or permit the Property to be used for any disorderly or unlawful purpose, including but not limited to, illegal drug trafficking and/or other violations of any controlled substance laws. Property Manager may promptly report any suspicious activities to, and cooperate fully with, the appropriate authorities without being deemed to invade the Guest’s privacy, and Guest waives any claim against Property Manager or Owner related thereto. Guest agrees to abide by policies set by the Property Manager, refrain from loud noise, and to return the Property in the same condition as when tendered to Guest. Guest is responsible for any and all damage to the Property. No additional Guests, beyond the Permitted Occupants may lodge at the Property; provided that upon notice to Property Manager, no more than two (2) persons shall be permitted overnight. If the Guest hosts additional persons overnight at the Property, the Property Manager may assess an additional rental fee of $50 per person per night. If additional persons occupy the Property for more than three (3) consecutive nights or more than ten (10) nights in the aggregate during the Lease Term, the Property Manager may assess an additional rental fee of $200 per day.
8. REPAIR & MAINTENANCE. Except for damage resulting from the negligence of Guest and/or it’s invitees, Property Manager shall be responsible for all maintenance and repair of the Property, including without limitation the roof, foundations, gutters, utility lines, all common areas and parking areas of the Property, and all furniture, fixtures, machinery and equipment therein which is furnished by Property Manager as part of the Property (including all appliances & HVAC equipment). Guest is solely responsible for the repair and maintenance of Guest’s personal property brought in or upon the Property. Guest shall immediately report to Property Manager in writing any hazardous or dangerous condition or circumstance existing in or around the Property, or any item needing repair or maintenance. Property Manager shall make necessary repairs within a reasonable time period following receipt of written notice from Guest of the need for repairs. Guest shall be responsible for any damage resulting from delay in such notice. Guest is solely responsible to repair and maintain all fire detectors located within the Property and their batteries. Guest acknowledges the presence of a working fire detector in the Property. During freezing weather all faucets shall be dripped.
6. ASSIGNMENT & SUBLETTING. Guest may not sublet the Property or assign this Lease without the written consent of Property Manager. This Lease shall create the relationship landlord and tenant between the parties hereto and no estate shall pass out of Owner and/or Property Manager. Guest has only a usufruct not subject to levy and sale.
7. RIGHT OF ACCESS. Property Manager, Owner and their agents shall have the right of access to the Property for inspection, repairs and maintenance during reasonable hours upon 24 hours’ notice. In the case of emergency, Property Manager or Owner may enter the Property at any time to protect life and prevent
damage to the Property. Additionally, the Property Manager or Owner may access any storage room within or upon the Property during the Lease Term upon prior notice to Guest.
8. KEYS. Two (2) sets of keys to the Property are provided upon move in. One set of the keys must remain in the lock box at the Property at all times in order to prevent lockouts. Property Manager will assess a fee of $100 per lockout and $10 per key to replace lost keys.
9. PERSONAL PROPERTY AND RISK OF LOSS. All personal property kept by the Guest in, around or upon the Property shall be and remain at Guest’s sole risk, and neither the Property Manager nor Owner shall be liable for any damages to, or loss of such personal property ensuing from any acts of negligence of any party other than the Property Manager’s gross negligence. Nor shall the Property Manager be liable for any injury to the Guest Guest’s invitees or property in or about the Property, except an injury, which is directly caused by the sole and gross negligence of the Property Manager. The Guest expressly agrees to hold the Property Manager and Owner harmless in all such cases except for those injuries directly caused by the sole and gross negligence or intentional conduct of the Property Manager. Guest shall be responsible to insure Guest’s personal property against loss or damage.
10. DEFAULT. The occurrence of any of the following shall constitute an event of default: (a) any part, portion or component of Rent, or any other sums payable under this Lease, is not received by Property Manager when due; (b) the Premises are deserted or appear to be abandoned; (c) any petition is filed by or against Guest under any section or chapter of the Federal Bankruptcy Code, and, in the case of a petition filed against Guest, such petition is not dismissed within sixty (60) days after the date of such filing; (d) Guest becomes insolvent or transfers property in fraud of creditors; (e) Guest makes an assignment for the benefit of creditors; (f) A receiver is appointed for any of Guest’s assets; (g) Guest commits waste with respect to the Premises or removes any furniture, fixtures or leasehold improvements therefrom; or (h) Guest breaches or fails to comply with any term, provision, condition or covenant of this Lease (other than the payment of Rent) or any of the Rules and Regulations (as defined in Section 7 above).
11. REMEDIES. Upon the occurrence of an event of default, Property Manager may do or perform any one or more of the following in addition to, and not in limitation of, any other remedy or right permitted it by law or by this Lease if the events of default described in Section 13(a) are not cured within five (5) days after written notice by Property Manager of such default, or if the events of default described in Sections 13(b) through (h) are not cured within thirty (30 ) days after receipt of notice thereof to Guest from Property Manager specifying such default and requiring the same to be remedied. Property Manager may, at its option and without further notice to Guest, exercise any one or more of the following rights and remedies:
(i) Property Manager, with or without terminating this Lease, may immediately or at any time thereafter reenter the Premises and perform, correct or repair any condition which shall constitute a failure on Guest’s part to keep, observe, perform, satisfy, or abide by any term, condition, covenant, agreement, or obligation of this Lease, and Guest shall fully reimburse and compensate Property Manager on demand for all costs and expenses incurred by Property Manager in such performance, correction or repairing, including accrued interest as provided in the next sentence. All sums so expended to cure Default shall accrue interest from the date of demand until date of payment at a rate of interest which is the lower of (x) a per annum rate equal to eighteen (18%) percent per annum, but in no event at a rate higher than that permitted by applicable law.
(ii) Property Manager, with or without terminating this Lease, may immediately or at any time thereafter demand in writing that Guest vacate the Premises and thereupon Guest shall vacate the Premises and remove therefrom all property thereon belonging to or placed on the Premises by, at the direction of, or with consent of Guest within ten (10) days of receipt by Guest of such notice from Property
Manager, whereupon Property Manager shall have the right to reenter and take possession of the Premises. Any such demand, reentry and taking possession of the Premises by Property Manager shall not of itself constitute an acceptance by Property Manager of a surrender of this Lease or of the Premises by Guest and shall not of itself constitute a termination of this Lease by Property Manager.
(iii) Property Manager, with or without terminating this Lease, may immediately or at any time thereafter reenter the Premises and remove therefrom Guest and all property belonging to or placed on the Premises by, at the direction of, or with consent of Guest. Any such reentry and removal by Property Manager shall not of itself constitute an acceptance by Property Manager of a surrender of this Lease or of the Premises by Guest and shall not of itself constitute a termination of this Lease by Property Manager.
(iv) Property Manager, with or without terminating this Lease, may immediately or at any time thereafter relet the Premises or any part thereof for such time or times, at such rental or rentals and upon such other terms and conditions as Property Manager in its sole discretion may deem advisable, and Property Manager may make any alterations or repairs to the Premises which it may deem necessary or proper to facilitate such reletting; and Guest shall pay all costs of such reletting including but not limited to the cost of any such alterations and repairs to the Premises, attorneys’ fees, and brokerage commissions; and if this Lease shall not have been terminated, Guest shall continue to pay all rent and all other charges due under this Lease up to and including the date of beginning of payment of rent by any subsequent tenant of part or all of the Premises, and thereafter Guest shall pay monthly during the remainder of the term of this Lease the difference, if any, between the rent and other charges collected from any such subsequent tenant or tenants and the rent and other charges reserved in this Lease, but Guest shall not be entitled to receive any excess of any such rents collected over the rents reserved herein.
(v) Property Manager may immediately or at any time thereafter terminate this Lease, and this Lease shall be deemed to have been terminated upon receipt by Guest of written notice of such termination. Upon such termination Property Manager shall have the right to recover from Guest, as liquidated damages, the following: (A) all Rent due and payable under the Lease or the full term of the Lease, it being recognized that this is a Short-Term Lease for furnished space; and (B) any other amount and court costs necessary to compensate Property Manager for all detriment directly caused by Guest’s failure to perform its obligations under this Lease.
(vi) Property Manager may exercise all remedies granted a “Secured Party” under the Georgia Uniform Commercial Code. Property Manager shall have a lien upon all goods, chattels or personal property of any description belonging to Guest which are placed in, or become a part of, the Premises, as security for the performance by Guest of its obligations under this Lease, which lien shall not be in lieu of or in any way affect any statutory landlord’s lien given by law, but shall be cumulative thereto; and Guest hereby grants to Property Manager a security interest in all such property placed in the Premises. In the event Property Manager exercises its option to terminate this Lease, or to reenter and relet the Premises as provided herein, Property Manager may at its option take possession of all of Guest’s property on the Premises and sell the same at public or private sale after giving Guest reasonable notice of the time and place of any public sale, or of the time after which any private sale is to be made, for cash or on credit, or for such prices and terms as Property Manager deems best, with or without having the property present at such sale. In addition, Property Manager may at its option foreclose this lien in the manner and form provided by the foreclosure of security instruments or in any other manner permitted by law. The proceeds of any such foreclosure or sale shall be applied first to the necessary and proper expense of removing, storing and selling such property, including reasonable attorney’s fees, then to the payment of any indebtedness, other than rent, due hereunder from Guest to Property Manager, including interest thereon, then to the payment of any rent or other sums due or to become due under this Lease, with the balance, if any, to be paid to Guest.
(vii) If Property Manager reenters the Premises or terminates this Lease pursuant to any of the provisions of this Lease, Guest hereby waives all claims for damages which may be caused by such reentry or termination by Property Manager, other than loss, cost or damage arising out of the gross negligence or willful misconduct of Property Manager, its agents, representatives or employees. Guest shall and does hereby agree to indemnify and hold Property Manager harmless from any loss, cost (including court costs and attorneys’ fees), or damages suffered by Property Manager by reason of such reentry or termination other than loss, cost or damage arising out of the gross negligence or willful misconduct of Property Manager, its agents, representatives or employees. No such reentry or termination shall be considered or construed to be a forcible entry.
(viii) No course of dealing between Property Manager and Guest or any failure or delay on the part of Property Manager in exercising any rights of Property Manager under this Section 7.2 or under any other provisions of this Lease shall operate as a waiver of any rights of Property Manager hereunder or under any other provisions of this Lease, nor shall any waiver of a Default on one occasion operate as a waiver of any subsequent Default or of any other Default. No express waiver shall affect any condition, covenant, rule, or regulation other than the one specified in such waiver and that one only for the time and in the manner specifically stated.
(ix) The exercise by Property Manager of any one or more of the rights and remedies provided in this Lease shall not prevent the subsequent exercise by Property Manager of any one or more of the other rights and remedies herein provided. All remedies provided for in this Lease are cumulative and may, at the election of Property Manager, be exercised alternatively, successively, or in any other manner and are in addition to any other rights provided for or allowed by law or in equity.
The remedies granted Property Manager are cumulative and are in addition to those granted by law or in equity under the laws of the State of Georgia or the United States of America. The mention in this Lease of any specific right or remedy shall not preclude Property Manager from exercising any other right or remedy or from maintaining any action to which it may otherwise be entitled either at law or in equity. All rights of Property Manager pursuant to this Section 14 may be exercised directly by Owner.
15. ATTORNEY’S FEES AND COSTS OF COLLECTION. Whenever any sums due hereunder are collected by Property Manager by or through an attorney at law or to otherwise enforce the terms of the Lease, Property Manager shall be entitled to recovery of its attorney’s fees plus all costs of collection.
16. INDEMNIFICATION. Guest hereby releases Property Manager and Owner from liability for and agrees to indemnify and save the Property Manager and Owner harmless from and against all suits, actions, claims, judgments, costs and expenses whatsoever incurred by Property Manager or Owner as a result of (a) Guest’s failure to fulfill any condition of this Lease; (b) any damage or injury occurring in or about the Property to Guest or Guest’s invitees or such persons’ property, except where such damage or injury is due solely to the negligence or misconduct of Property Manager or Owner respectively; (c) Guest’s failure to comply with any requirements imposed by any governmental authority; and/or (d) any judgment, lien or other encumbrance filed against the Property as a result of Guest’s actions.
12. HOLDOVER. If Guest continues to occupy the Property following the expiration of the Lease term or
earlier termination of the Lease, Guest shall be a tenant-at-sufferance subject to all terms and conditions of the Lease at a per diem rental of 200% of the Rent stated herein, unless otherwise agreed-to in writing by the parties. Additionally, at Property Manager’s sole discretion, Property Manager may treat such retention of possession as constituting a renewal of this Lease for another term equal to the original term (the “Renewal Term”), with Rent for the Renewal Term equal to 150% of the Rents for the original term.