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Cape Vacation Rentals<\/p>
300 Route 6<\/p>
PO Box 868<\/p>
Truro, MA 02666<\/p>
508-349-2700<\/p>
THIS IS A LEGALLY BINDING CONTRACT: IF NOT UNDERSTOOD, PLEASE SEEK COMPETENT ADVICE<\/p>
VACATION\/ RECREATIONAL LEASE<\/p>
(NOT TO EXCEED 100 DAYS DURATION)<\/p>
Lease #: 17044 Property: 2CLIFF<\/p>
LEASE made 2024-01-08 by David A Clemons of Provincetown MA hereinafter called the LANDLORD, AND Jennifer Gonyea 10 Cedar Street
Wenham MA 01984 hereinafter called the TENANT.<\/p>
Witnesseth, that the LANDLORD hereby leases to the TENANT, the premises located at 40 Cliff Road Truro MA 02666. This lease shall begin at 3:00 PM on 2024-07-20 and end at 10:00 AM on 2024-07-27.<\/p>
And for the heretofore described term, the TENANT further agrees to pay $750 as Security Deposit\/Damage Retainer, receipt of which the LANDLORD hereby acknowledges; it being understood that the said Security Deposit\/Damage Retainer is not to be considered prepaid rent, nor shall damages claimed (if any) be limited to the amount of said Security Deposit\/Damage Retainer.<\/p>
The LANDLORD hereby notifies the TENANT that the LANDLORD, or his Agent will submit to the TENANT an itemized list of any lawful deductions and any damages claimed to have been caused by the TENANT and return the entire Security Deposit\/Damage Retainer less damages and other lawful deductions, within 45 days after termination of the tenancy. Security Deposit\/Damage Retainer may be used for repair to the property, extraordinary cleaning, service calls by property manager, long distance phone calls caused by TENANT and late check-out (See Holdover Penalty). No interest on the Security Deposit\/Damage Retainer will be paid to the TENANT. <\/p>
Term ends at 10:00 AM on 2024-07-27. Holdover Penalty is $50\/hour, or any part thereof, if TENANT, his guests or property remain on the premises after said time.<\/p>
TENANT agrees that occupancy (Including small children, infants and overnight visitors) is not to exceed 8. If more than the maximum number is found to be occupying the property, this Agreement and the tenancy hereunder may be immediately terminated WITHOUT REFUND.<\/p>NON-REFUNDABLE RESERVATION FEE: I (we) agree to pay a non-refundable reservation fee in the amount of $175.00 upon reserving the home. This amount is not applied against the rental fee due or the security deposit if applicable.<\/p>
TENANT agrees that parking is limited to 4 and no tents, travel trailers, boat trailers, campers or recreational vehicles are permitted on the premises without the written consent from the LANDLORD.<\/p>
PAYMENTS AND CANCELLATION POLICY: I (We) are responsible for full payment of the rental fee for the entire rental period, according to the following payment schedule: 50% of the rental fee, 100% of the taxes and any additional charges is due with the return of this Agreement no later than the date shown on this agreement, and the remaining 50% and the security deposit is due by May 1, 2024. For reservations made less than 30 days prior to arrival or after May 1, 2024<\/strong> payment must be made in full by certified check, money order, Visa, Mastercard or American Express payable to Cape Vacation Rentals Inc. Failure to make payments when due will result in the automatic termination of this Agreement, with the forfeiture of all amounts paid by tenant and tenant shall be responsible for the remaining payment otherwise required under the Agreement. Moreover, Cape Vacation Rentals Inc. shall have no obligation to re-let the property.<\/p> If I (We) cancel the reservations more than thirty (30) days prior to the commencement date of the tenancy<\/strong>, Cape Vacation Rentals Inc. will use reasonable efforts to re-let the property. If Cape Vacation Rentals Inc. is successful and re-lets the property, tenant will be entitled to a refund of an amount equal to 80% of the rental fee paid by the substitute tenant, which Cape Vacation Rentals shall pay to tenant; provided, however that the tenant has paid the rental fee in full and the substitute tenant rents the property for the same rental period and for the same rental fee payable by the tenant. I (We) further acknowledge and agree that where Cape Vacation Rentals undertakes to re-let the property, the rental fee to be charged to the substitute tenant shall be in an amount to be determined in the reasonable discretion of Cape Vacation Rentals Inc.<\/p> I (We) agree that any cancellation of the reservations, undertaken at any time, shall not be effective unless in writing and delivered to Cape Vacation Rentals Inc.<\/p> If the above-captioned property becomes unavailable for any reason, at any time, tenant agrees to a prorated refund of rental fee. If I (We) do not personally inspect the property prior to signing this Agreement, I(We) agree to accept the property, as is, upon arrival, provided it meets the basic standards of habitability under Massachusetts law. Cape Vacation Rentals Inc. does not warrant or guarantee (i) that the property is hypoallergenic or (ii) the absence of conditions, including pet and smoking related conditions that may cause, exacerbate or aggravate allergies of other health issues or problems and NO REFUNDS will be made for such conditions<\/strong>. NO REFUNDS will be made for mechanical failures of systems or services at the property (including internet access and cable television) or appliances and devices (including dishwashers, washer\/dryers, TVs, VCRs, DVD, microwaves or air conditioners); however every effort will be made to have repairs made as quickly as possible.<\/p> The tenant agrees to pay $7,677.55 which includes utilities such as gas, electricity, trash removal etc. and security deposit. Telephone calls, pay per view programs and on demand television and movies must be charged to a credit card.<\/p> The LANDLORD hereby acknowledges receipt from the TENANT of $3,977.55 due at signing, as payment of the initial deposit.<\/p> The parties hereto, in consideration of these payments, agree as follows :<\/p> 1. Linens, towels and blankets are provided. TERMS OF PAYMENT<\/p> ~I (We) are responsible for full payment of the rental fee for the entire rental period, according to the following payment schedule: 50% of the rental fee, 100% of the taxes and the $175 Administration Fee as well as any additional charges such as pet fees etc. is due with the return of this Agreement no later than the date shown on this agreement, and the remaining 50% and the security deposit is due by 2024-05-01.<\/p> ~For any rental lease dated on or after 2024-05-01, all rental monies including total rental price, security deposit\/damage retainer and processing fee is due and payable in full upon the signing and return of this LEASE within 7 days of the lease issue date.<\/p> ~Payment to be by check, cashiers\/certified check, Mastercard, Visa, or American Express (US currency only).<\/p> ~If payments are not received by the dates defined in the payment schedule below, the LANDLORD or his agent CAPE VACATION RENTALS INC. can declare this lease void. If the lease is cancelled for any reason, please reference the cancellation policy on page 1 of this lease agreement.<\/p> Payment Schedule<\/p>
2. No animals, birds or pets of any description shall be kept in or upon the leased premises unless otherwise noted on lease. If violated, security deposit may be forfeited.
3. Unless an exception is noted, absolutely NO SMOKING is allowed in the rental property. If violated, security deposit may be forfeited.
4. The TENANT will leave the premises in good and habitable condition.
5. The TENANT will be responsible for all damage or breakage and\/or loss to the premises, except normal wear and tear and unavoidable casualty, which may result from occupancy.
6. If any of the TENANTS have any serious medical condition that would affect the rental of this property, please make it known to Cape Vacation Rentals Inc. at this time. Any related additional costs incurred will be borne by the TENANT.
7. Tenant cannot sublet or assign any portion of lease term.
8. No functions or events of any kind are to be held on the premises or environs. If violated, entire Security Deposit may be forfeited.
9. TENANTS agree to abide by the Noise Ordinance Clause in accordance with Town regulations.
10. TENANT agrees, and it is understood, that Cape Vacation Rentals Inc. has made every effort to describe this house, location, amenities, etc. via a picture and Property Description Sheet. If the property does not meet the TENANT\u00e2\u0080\u0099S expectations (but does meet the basic standards of habitability under Massachusetts law), Cape Vacation Rentals Inc. is in no way responsible and the TENANT agrees they will not be entitled to a refund of rent money, relocation to another property and will have no claim or recourse against the LANDLORD, Rental Agent or Cape Vacation Rentals Inc.
11. The TENANT agrees to allow the LANDLORD or his Agent to enter and view the premises, both inside and outside: A) to inspect the premises B) to make repairs thereto C) to show the same to a prospective TENANT or PURCHASER with mutually agreed upon appointment D) pursuant of a Court order E) to protect the premises if it appears that said premises have been abandoned by the TENANT.
12. The LANDLORD and TENANT agree that should the premise be destroyed by fire or other casualty so as to become unfit for human habitation that these presents shall be thereby ended, with refund to the TENANT for any rent terms unused. The exception to this is: no monies shall be refunded as a result of TENANT\u00e2\u0080\u0099S inability or unwillingness to occupy premises as a result of hurricane, storm, or loss of electricity or municipal services outside the control of the LANDLORD. No monies are held at the leasing office. If damage is caused by negligence or lack of due care by the TENANT then the TENANT shall pay for all related damages including but not limited to the Insurance Deductible amount.
13. Subject to the conditions of paragraph thirteen (13), the LANDLORD agrees that should the premises acquire a condition which amounts to a violation of law which may endanger or materially impair the health, safety or well being of the TENANT, or become unfit for human habitation; upon proper notice to or discovery by the LANDLORD thereof, the rent or a just portion thereof according to the nature and extent of the condition shall be suspended or abated until the condition is remedied, if such a remedy is reasonably possible during the lease term; provided, however, that the said condition or violation of law was not caused by the TENANT or others lawfully upon said premises.
14. The LANDLORD and the TENANT state that the rental of these premises is for a vacation or recreational purpose as expressed in Massachusetts General Laws C. 186 15B(9).
15. If the TENANT defaults and\/or otherwise fails to comply as regards any item in this lease, the TENANT agrees to vacate said premises upon receipt of proper notice from the LANDLORD or Agent and\/or upon proper commencement and final adjudication of proceedings authorized and\/or required by the applicable laws and regulations of the Commonwealth of Massachusetts.
16. The LANDLORD agrees to supply fixtures and household furnishings, equipment or other personal property only as represented at the time of the initial showing and when the initial deposit is made. Electronic equipment and appliances are not guaranteed. If a service or appliance (e.g. cable, internet, phone, washer\/dryer, refrigerator, etc.) becomes disabled during tenancy, every effort will be made to repair\/rectify the issue as soon as possible but no monies will be refunded.
17. In the event of a subsequent sale of the premises to the TENANT, by the LANDLORD during the term of tenancy or within 365 days after the expiration of the tenancy, a Broker\u00e2\u0080\u0099s fee shall be paid to the BROKER by the LANDLORD based upon an amount of fee to be agreed upon between the BROKER and the LANDLORD, but such TENANT BUYER shall be held harmless as to any dispute and\/or litigation between the BROKER and the LANDLORD as to the determination of such fee.
18. TENANT agrees to reimburse Cape Vacation Rentals Inc. for any banking fees assessed to Cape Vacation Rentals Inc. to process TENANT\u00e2\u0080\u0099S payments (e.g. $50 for wire transfer fee, $50 for returned checks).
19. If TENANT wishes to cancel the reservation, TENANT must notify Cape Vacation Rentals Inc. by certified mail or email immediately. Cape Vacation Rentals Inc. will make every effort to re-rent the property. If the property re-rents, all monies minus a 20% (of rental rate) cancellation fee will be returned. If not re-rented, all monies (excluding security deposit) will be forfeited.
20. Nothing contained herein above shall relieve TENANT from liability that may exist as a result of damage from fire or other casualty. Notwithstanding the foregoing, each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance is in force and collectible and to the extent permitted by law. LANDLORD and TENANT each hereby releases and waives all right of recovery against the other or anyone claiming through or under each of them by way of subrogation or otherwise. The foregoing release and waiver shall be in force only if both releasors' insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance. If, and to the extent, that such waiver can be obtained only by the payment of additional premiums, then the party benefiting from the waiver shall pay such premium within ten days after written demand or shall be deemed to have agreed that the party obtaining insurance coverage shall be free of any further obligation under the provisions hereof with respect to waiver of subrogation. TENANT acknowledges that LANDLORD will not carry insurance on TENANT's furniture and or furnishings or any fixtures or equipment.
21. Returned Items: We understand that often times things are left behind. Please be advised that there will be a $25.00 service charge plus postage to return the items to you.<\/p>Rental Price:<\/td> $5900.00<\/td> <\/td><\/tr> <\/td><\/tr> Security Deposit:<\/td> $750.00<\/td> <\/td><\/tr> Non-Refundable Administration Fee:<\/td> $175.00<\/td> <\/td><\/tr> Subtotal - Fees:<\/td> $925.00<\/td> <\/td><\/tr> <\/td><\/tr> MA State Tax:<\/td> $336.30<\/td> <\/td><\/tr> Cape & Islands Tax:<\/td> $162.25<\/td> <\/td><\/tr> Truro Tax:<\/td> $354.00<\/td> <\/td><\/tr> Subtotal - Taxes:<\/td> $852.55<\/td> <\/td><\/tr> <\/td><\/tr> Total Cost:<\/td> $7677.55<\/td> <\/td><\/tr>
<\/td><\/tr>Initial Deposit:<\/td> $3977.55<\/td> Due: 2024-01-15 <\/td><\/tr> Final Payment:<\/td> $3700.00<\/td> Due: 2024-05-01<\/td><\/tr><\/table> IN WITNESS WHEREOF, THE SAID PARTIES HEREUNTO SET THE ABOVE WRITTEN, SIGNED BY CAPE VACATION RENTALS INC. AS AGENT FOR THE LANDLORD.<\/td><\/tr> <\/td><\/tr> <\/td><\/tr> TENANT SIGNATURE: _______________________________________<\/td> DATE: __\/__\/__<\/td><\/tr> <\/td><\/tr> AGENT: _____________________________________________________<\/td> DATE: __\/__\/__<\/td><\/tr><\/table><\/div>","text":null,"subject":"Important lease details","from_email":"rentals@thomasdbrown.com","from_name":"rentals@thomasdbrown.com","to":[{"email":"jen.stew88@gmail.com","type":"to"}],"headers":{"Reply-To":null},"important":false,"track_opens":true,"track_clicks":true,"auto_text":true,"auto_html":false,"inline_css":true,"url_strip_qs":null,"preserve_recipients":null,"view_content_link":null,"tracking_domain":"https:\/\/www.thomasdbrown.com","signing_domain":"https:\/\/www.thomasdbrown.com","return_path_domain":null,"tags":["lease sent to tenant"],"subaccount":"28","ok":true}