Vacation Residential Lease Agreement
VACATION RESIDENTIAL LEASE AGREEMENT
Landlord and Tenant are each referred to herein as a “Party” and, collectively, as the "Parties."
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Tenant agrees to lease the Premises from the Landlord under the following terms and conditions:
1. Property:
The Landlord agrees to lease the described property below to the Tenant:
Mailing Address: Casa Azul El Centenario, Baja Sur California
Residence Type: ☒ ☒ House
Bedroom(s): 3
Bathroom(s): 3
The aforementioned property shall be leased wholly by the Tenant (“Premises”).
2. Term:
This Agreement shall be considered a Fixed Lease. The Tenant shall be allowed to occupy the Premises starting at noon on their first day and must leave by noon on their last day.
3. Rent:
The Tenant shall pay the Landlord, all the rent upfront in one payment at least 3 weeks before lease starts.
4. Security Deposit:
The Landlord requires a payment in the amount of $1000 USD (“ Security Deposit”) for the faithful performance of the Tenant under the terms and conditions of this Agreement. Payment of the Security Deposit is required by the Tenant upon the execution of this Agreement. The Security Deposit shall be returned to the Tenant within 21 days after the end of the Lease Term less any itemized deductions. This Security Deposit shall not be credited towards any Rent unless the Landlord gives their written consent.
5. Utilities:
The Landlord shall provide the following utilities and services to the Tenant: Garbage, Gas, Water, Electric, and Internet
Any other utilities or services not mentioned will be the responsibility of the Tenant – example Propane tank filling for BBQUE
6. Furnishings:
To be furnished with the following items: BBQUE, Outside refrigerator, outside furniture in pool area and in courtyard, beds (3+) and linen for beds, towels for house and pool area, couch, chairs, dining table and chairs, window coverings. Stocked kitchen including silverware, table ware, glassware, cook ware.
7. Appliances:
Provide the following appliances: Frig, Washer/Dryer, Toaster, Microwave, Coffee Maker, Blender, Instapot
8. Parking:
available in front of house.
9. Early Termination:
Shall have the right to terminate this Agreement at any time by providing at least 30 days’ written notice to the Landlord along with an early termination fee of $500 (US Dollars). During the notice period for termination the Tenant will remain responsible for the payment of rent.
10. Smoking Policy:
No smoking inside or outside.
11. Pets:
Shall not have the right to have pets on the Premises or in the common areas.
12. Agent / Manager:
The Landlord has a manager that can be contacted for any maintenance or repair at:
Name: __Dan_____________________
Telephone +52 612 150 8123
13. Possession:
Tenant has examined the condition of the Premises and by taking possession acknowledges that they have accepted the Premises in good order and in its current condition except as herein otherwise stated. Failure of the Landlord to deliver possession of the Premises at the start of the Lease Term to the Tenant shall terminate this Agreement at the option of the Tenant. Furthermore, under such failure to deliver possession by the Landlord, and if the Tenant cancels this Agreement, the Security Deposit (if any) shall be returned to the Tenant along with any other pre-paid rent, fees, including if the Tenant paid a fee during the application process before the execution of this Agreement.
14. Access:
Upon the beginning of the Proration Period or the start of the Lease Term, whichever is earlier, the Landlord agrees to give access to the Tenant in the form of keys, fobs, cards, or any type of keyless security entry as needed to enter the common areas and the Premises. Duplicate copies of the access provided may only be authorized under the consent of the Landlord and, if any replacements are needed, the Landlord may provide them for a fee. At the end of this Agreement all access provided to the Tenant shall be returned to the Landlord or a fee will be charged for replacement of door locks at the two main door accesses (front and back) to the Tenant or the fee will be subtracted from the Security Deposit.
15. Subletting:
The Tenant shall not be able to sublet the Premises without the written consent from the Landlord. The consent by the Landlord to one subtenant shall not be deemed to be consent to any subsequent subtenant.
16. Abandonment:
If the Tenant vacates or abandons the Premises for a time-period that is the minimum set by State law or seven (7) days, whichever is less, the Landlord shall have the right to terminate this Agreement immediately and remove all belongings including any personal property off of the Premises. If the Tenant vacates or abandons the Premises, the Landlord shall immediately have the right to terminate this Agreement.
17. Right of Entry:
The Landlord shall have the right to enter the Premises during normal working hours by providing at least twenty-four (24) hours’ notice in order for inspection, make necessary repairs, alterations or improvements, to supply services as agreed or for any reasonable purpose. The Landlord may exhibit the Premises to prospective purchasers, mortgagees, or lessees upon reasonable notice.
18. Maintenance, Repairs, or Alterations:
The Tenant shall, at their own expense and at all times, maintain premises in a clean and sanitary manner, and shall surrender the same at termination hereof, in as good condition as received, normal wear and tear excepted. The Tenant may not make any alterations to the leased premises without the consent in writing of the Landlord. The Landlord shall be responsible for repairs to the interior and exterior of the building. The Premises includes a washer, dryer, refrigerator, and air conditioning units, the Landlord makes no warranty as to the repair or replacement of units if one or all shall fail to operate.
19. Noise / Waste:
The Tenant agrees not to commit waste on the premises, maintain, or permit to be maintained, a nuisance thereon, or use, or permit the premises to be used, in an unlawful manner. The Tenant further agrees to abide by any and all local, county, and State noise ordinances.
Landlord requires written notification and approval for any party or guests over 6 people. Landlord does not want large parties with or without alcohol in pool area without written notification and approval due to safety reasons as well as need to have property manager on-call for any unexpected incidences with house function s/a water, power or appliance malfunction.
20. Guests:
There shall be no other persons living on the Premises other than the Tenant and any Occupant(s). Guests of the Tenant are allowed for periods not lasting for more than 48 hours unless otherwise approved by the Landlord in writing.
21. On site storage:
On site storage is not available for Tenant’s personal belongings other than clothing and personal items for daily living. No Tenant storage containers, furniture, extra cars/boats etc are allowed to be stored on premises.
22. Compliance With Law:
The Tenant agrees that during the term of the Agreement, to promptly comply with any present and future laws, ordinances, orders, rules, regulations, and requirements of the Federal, State, County, City, and Municipal government or any of their departments, bureaus, boards, commissions and officials thereof with respect to the premises, or the use or occupancy thereof, whether said compliance shall be ordered or directed to or against the Tenant, the Landlord, or both.
23. Multiple Tenant or Occupant(s):
Each individual that is considered a Tenant is jointly and individually liable for all of this Agreement's obligations, including but not limited to rent monies. If any Tenant, guest, or Occupant(s) violates this Agreement, the Tenant is considered to have violated this Agreement. Landlord’s requests and notices to the Tenant or any of the Occupant(s) of legal age constitutes notice to the Tenant. Notices and requests from the Tenant or any one of the Occupant(s) (including repair requests and entry permissions) constitutes notice from the Tenant. In eviction suits, the Tenant is considered the agent of the Premise for the service of process.
24. Disputes:
If a dispute arises during or after the term of this Agreement between the Landlord and Tenant, they shall agree to hold negotiations amongst themselves, in "good faith", before any litigation.
25. Surrender of Premises:
The Tenant has surrendered the Premises when (a) the move-out date has passed, and no one is living in the Premise within the Landlord’s reasonable judgment; or (b) Access to the Premise have been turned in to Landlord – whichever comes first. Upon the expiration of the term hereof, the Tenant shall surrender the Premise in better or equal condition as it were at the commencement of this Agreement, reasonable use, wear and tear thereof, and damages by the elements excepted.
26. Retaliation:
The Landlord is prohibited from making any type of retaliatory acts against the Tenant including but not limited to restricting access to the Premises, decreasing or cancelling services or utilities, failure to repair appliances or fixtures, or any other type of act that could be considered unjustified.
27. Waiver:
A Waiver by the Landlord for a breach of any covenant or duty by the Tenant, under this Agreement is not a waiver for a breach of any other covenant or duty by the Tenant, or of any subsequent breach of the same covenant or duty. No provision of this Agreement shall be considered waived unless such a waiver shall be expressed in writing as a formal amendment to this Agreement and executed by the Tenant and Landlord.
28. Hazardous Materials:
The Tenant agrees to not possess any type of personal property that could be considered a fire hazard such as a substance having flammable or explosive characteristics on the Premises. Items that are prohibited to be brought into the Premises, other than for everyday cooking or the need of an appliance, includes but is not limited to gas (compressed), gasoline, fuel, propane, kerosene, motor oil, fireworks, or any other related content in the form of a liquid, solid, or gas.
29. Indemnification:
The Landlord shall not be liable for any damage or injury to the Tenant, or any other person, or to any property, occurring on the Premises, or any part thereof, or in common areas thereof, and the Tenant agrees to hold the Landlord harmless from any claims or damages unless caused solely by the Landlord's negligence. It is recommended that renter's insurance be purchased at the Tenant's expense.
30. Cancellation Policy:
-100% refund 30 days before check-in
-50% refund 14-30 days before check-in
-Otherwise, no refund
31. Entire Agreement:
The Landlord and Tenant agree to the terms and conditions and shall be bound until the end of the Lease Term.