North Carolina Association of REALTORS ® , Inc. STANDARD FORM 411–T Revised 10/2021
1. Upon the commencement of the tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay a $1000.00 per day fee for any overstays not approved by the Host and paid for in full. No refunds or transfer of goods will be released to tenants if overstays occurs. Termination & cancellation of Tenant’s tenancy starts at 10:00 a.m. the day of check out.
2. Security Deposit. Any security deposit provided will be returned in full after guest/tenants have vacated the property and after inspection period is complete. Any damages, extra guests, smoking, or unauthorized pets will result in a loss or deduction of deposit. This may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, Agent may deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and cable television charges that are not specifically described in this Agreement (including any addendum hereto) as being included with the Premises. Agent/Host shall apply, account for, or refund Tenant’s security deposit within 5 days following the end of the tenancy.
3. Tenant Duties. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to: (i) keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; (ii) not deliberately or negligently destroy, deface, damage, or remove any part of the Premises or knowingly permit any person to do so; and (iii) notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation and may use the Premises for residential purposes only. Tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of Tenant’s tenancy.
4. Occupancy Limits. Unless otherwise stated, occupancy of the Premises shall be limited to what was agreed to per the booking platform. Including family, children, and Tenant guests. Tenant agrees to be responsible for ensuring that maximum permitted occupancy of the Premises is not exceeded during the term of this Agreement and should contact Agent/Host with any questions regarding permitted occupancy of the Premises.
5. Mandatory Evacuation. If State or local authorities order a mandatory evacuation of the property, Tenant shall comply with the order or face the fines described above.
6. Expedited Eviction. If the tenancy created hereunder is for 1 day or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after Tenant’s tenancy has expired; (ii) commits a material breach of any provision or rules of this Agreement or booking platform rules (including any addendum hereto) that according to its terms would result in the termination of Tenant’s tenancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
7. Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify and hold harmless Agent/Host and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent/Host or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent/Host, the owner, or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Agent/Host or owner. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent/Host.
8. Pets. Unless otherwise specifically permitted in this Agreement (including any addendum hereto), no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material and shall result in the termination of Tenant’s tenancy. Unless approved by Agent/Host and pet fees have been paid.
9. Governing Law; Venue. The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, and that in the event of a dispute, any legal action may only be instituted in the county where the Property is located.
10. Addenda. Tenant/Guest agrees that they have received and read this agreement and understand it and that they shall constitute an integral part of this Agreement.
11. Use of Electronic Means; Notice. The parties agree that electronic means may be used to sign this Agreement or to make any modifications the parties may agree to, and that any written notice, communication, or documents may be transmitted electronically to any e- mail address, cell phone number used by the parties to communicate during the course of this Agreement. Any notices required or authorized to be given hereunder or pursuant to applicable law may also be mailed to Tenant’s address or hand delivered to the Tenant at the address of the Premises and to the Agent/Host at the Agent’s address.
THE NORTH CAROLINA ASSOCIATION OF REALTORS ® , INC. MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION.
USE OF THIS FORM IS NOT INTENDED TO IDENTIFY THE USER AS A REALTOR®.
