1) BLUE RIDGE MOUNTAIN RENTALS is a Property Management Company. Blue Ridge Mountain Rentals (Hereinafter the Agent") is a real estate agency which rents private homes, condominium units, cottages, and cabins for its Owners. Neither the Owner nor the Agent are responsible or liable for any loss of the renter's personal property, accidents, injury or damage of any nature from any cause to the renter (including guests, licensees, or invitees) or by acts of God, skiing conditions, recreational activities, weather conditions or road conditions.|
2) WEATHER ROAD CONDITIONS:
Weather conditions in the mountains are very unpredictable. Please remember that we do get rain, fog, snow, sleet and ice. Road conditions may become hazardous before or during your stay, and a 4-wheel drive vehicle and/or chains and the ability to drive on snow and ice are strongly recommended to get to or from any given property. IT IS YOUR RESPONSIBILITY TO ARRIVE FULLY PREPARED and there will be NO refunds, allowances, or date changes resulting from your negligence in this matter. Please do not ask.
All reservations are subject to a $30-$90 processing fee, applicable taxes, and a refundable damage deposit. All reservations require a payment of fifty percent (50%) of the rental fee for confirmation and must be received within three (3) days of making a reservation or the reservation will be cancelled without notice. All remaining payments plus the damage deposit, state and local tax **(if applicable), processing fee, and pet fee (if applicable) shall be due 15 days before arrival. Reservations made within 15 days of arrival must be paid in full when the reservation is taken and is a guaranteed reservation. Your reservation becomes a guaranteed reservation upon receipt of your signed contract or monies paid on your account. NOTE: Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for all applicable taxes according to rates in effect at the time of occupancy.
Reservations made more than 30 days from the date of arrival may be paid by personal check, money order, cashier's check or credit card (Mastercard, Visa, Discover). Reservations made within 15 days of arrival must be paid in full when the reservation is taken and is a guaranteed reservation. Personal checks received in our office less than 30 days from the date of arrival will not be accepted. Your 1st payment is due within 3 days of making your reservation. The 2nd payment is due 15 days before the arrival date. There will be a $25 fee added for returned checks.
Credit card payments MUST be placed on a card held in the same name as the Responsible Party .
All payments received will be held in an Escrow account at United Community Bank on Valley Blvd, Blowing Rock, NC 28605. Payments may be deposited in an interest-bearing account and any accrued interest shall be disbursed to Agent.
5) ALL RESERVATION SALES ARE FINAL:
If you must cancel your reservation, please call our office immediately. Any changes, switching of properties or cancellations will invoke the cancellation policy.
6) CANCELLATION POLICY:
If Tenant has to cancel this reservation after payment has been made, there is a fifty dollar ($50) cancellation fee PLUS:
1. If Tenant cancels more than 15 days from the arrival date (or more than 30 days from the arrival date for stays of 25 days or more), and Agent is able to re-rent the property for the original dates at or above the original rental rate, then Tenant will be refunded the prepaid rental deposit, which is equal to 1/2 of the rent, less the $50 cancellation fee. If Agent cannot re-rent the dates at all, then Tenant will forfeit the entire prepaid rental deposit. If Agent can rebook some of the dates or all of the dates at a lower rate, then Tenant will forfeit the $50 cancellation fee plus an amount equal to 1/2 of the difference between the amount Tenant agreed to pay and the amount which was actually collected for those dates.
2. If Tenant cancels less than 15 days from the arrival date (or less than 30 days from the arrival date for stays of 25 days or more), which is when full payment is due, then Tenant will risk forfeiting the entire rental fee. If we are able to re-rent the property for the original dates at or above the original rental rate, then Tenant will be refunded all prepaid rental fees, less the $50 cancellation fee. If Agent cannot re-rent the dates at all, Tenant will forfeit the entire rental fee. If Agent can rebook some of the dates or all of the dates at a lower rate, then Tenant will receive a prorated refund equal to any rental fees which were actually collected with any new reservations for those dates.
Cancelling your reservation includes changing your dates more than 3 days, or changing properties. If you fail to check in for your reservation on the scheduled date, you will forfeit your rental money and reservation rights, effective 11:00am on the following day.
We cannot refund for unused days in the event of late arrival or early departure. If the Agent cancels the renter’s reservation due to uninhabitable issues with the property, the Agent’s sole responsibility is to refund your rental money or prorated portion.
7) RESPONSIBLE PARTY:
The person in whose name the property is reserved will be held responsible for all occupants complying with rental policies, procedures and restrictions. Aside from normal wear and tear, the responsible party will be responsible to pay the Owner for any damages to the property or its contents during your vacation residency. The Responsible Party must be at least 25 years of age, and is required to stay in the property for the time reserved.
8) RENTAL CAPACITY:
Please check the number of people each unit sleeps as detailed in the unit description. This represents the MAXIMUM number of people, including children, allowed to occupy the property.
9) CHECK-IN, CHECK-OUT AND LATE CHECK-IN:
Check-In: You may pick up your keys at our office between 3:00PM and 5:00PM for most homes. During Holidays and busy seasons, check-in time will vary depending on Housekeeping’s workload. If you are renting a very large home, please refer to the internet listing for specific times.
Checkout: You must vacate the property no later than 11:00AM on the last day of your reservation. Keys must be returned to the office. There will be a $25.00 charge for lost keys.
Later Check-In: Late checkin procedure is as follows: If you have not arrived at our office by 5:00pm, the package containing your keys & directions will be placed in the large black mailbox beside the front door of our office. There is no need to call the office to let us know about late arrival- if you have not arrived by 5:00, your package will be in the black mailbox for you. This procedure also applies to checkins on Sundays and other days our office is closed.
10) EQUIPMENT FAILURE, HOUSEKEEPING, AND OTHER INCONVENIENCES:
All equipment in the unit should be in working order. Please report any equipment problems to the office immediately. Every effort will be made to rectify the problem, but WE CANNOT REFUND MONEY DUE TO MECHANICAL FAILURE. Please be patient if you encounter any inconveniences. We will be as responsive as possible and will certainly try to rectify those things that are in our control. Samples of inconvenience which are not in our control and which do not warrant any refund of rental monies include but are not limited to: Breakdown of TV’s, VCR’s, DVD players, satellite systems, stereos, hot tubs, or other appliances; missed or poor cleaning issues; outages of the power, cable, internet, water, or telephone services; construction taking place in the area; flies, ladybugs, or other insects inside the house; chipmunks, mice, or other rodents inside the house; bad weather; poor ski conditions; and hazardous road conditions.
We will do our best to ensure that the property is properly cleaned and sanitized prior to your arrival. If however, you are not satisfied with the housekeeping upon arrival, please notify our office immediately. If the office is closed, please use the after hours number provided in your arrival packet. We will send a housekeeper out as quickly as possible. NO REFUNDS will be granted for housekeeping not done to your satisfaction, but every reasonable effort will be made to accommodate your needs.
11) DAMAGE DEPOSIT:
A Visa, Discover, or MasterCard number is required for each reservation, and all costs for damage repair or extra cleaning will be charged to the card on file. Agent reserves the right to collect a cash damage deposit in advance, which will be held in an Escrow account at United Community Bank, Valley Blvd Blowing Rock, NC 28605. Said deposit is refundable within 45 days of departure providing nothing is broken, missing, or damaged.
A general cleaning of the property plus linen service is included in your rental fee. Upon departure, tenants are required to wash all dishes, collect and deposit trash in outdoor trash containers, and not leave a mess. Excessive cleaning, including extra cleaning of hot tub if applicable, intentional damages, missing items, and trash left behind will result in additional charges being charged to your credit card or withheld from your damage deposit.
There will be a minimum $25 fine should the housekeepers have to remove trash from inside the property.
Please report any damages, etc. to the office immediately.
All homes are non-smoking. If evidence of smoking is found inside the home after you checkout, you will be charged a $300 smoke removal fee.
12) HOT TUB:
Please be aware that not all properties are equipped with a hot tub. I understand that it is my responsibility to check the advertising and familiarize myself with the amenities of the property, which may or may not include a hot tub. If property is equipped with a hot tub, special instructions for its use apply. Failure to abide by these rules will result in charges to your damage deposit. Hot tubs are serviced and sanitized prior to guests’ arrival. Neither the Property Owner nor the Management Company shall be liable for any injury or sickness due to using the hot tub.
13) LACK OF AIR CONDITIONING:
Please be aware that all properties are NOT equipped with air conditioning. It is Tenant’s responsibility to check the advertising and understand the amenities of the property, which may or may not include air conditioning. Agent is not responsible for weather conditions at time of tenancy, and there will be no refunds or switching of properties due to lack of air conditioning.
Restrictions listed on individual cabin listing site.
Pet friendly properties accept pets with prior approval only and are subject to a NON-refundable pet fee. It is Tenant’s responsibility to check the advertising and understand the pet restrictions on any given property, which includes maximum number of pets allowed and abiding by any weight restrictions. Unless otherwise specifically permitted in the advertising, no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material and shall result in forfeiture of any monies paid and the termination of tenancy. Please remember to have your pet(s) treated for any ticks, fleas, worms, and parasites prior to your arrival. Please note that we cannot guarantee that properties advertised as not allowing pets have never had a pet in the property.
15) PROPERTIES ARE PRIVATELY OWNED:
The properties managed by the Agent are privately owned and reflect the needs and tastes of the Owners. The conditions of the property, as well as the furnishings, will vary according to the Owner’s desires. Every effort has been made to assure that the descriptions of the properties are correct; however, we cannot be responsible for changes made by the Owner to the furnishings or equipment in the units. There will be no refunds due to the property not being decorated or accommodated to your personal taste or due to minor discrepancies with the website.
16) NUMBER OF CARS:
Please be aware that certain communities may have strict standards regarding number of vehicles at a property. Some areas may not allow motorcycles, RVs, or trailers. You must adhere to these regulations at all times during your stay.
We reserve the right to substitute accommodations if circumstances require. Circumstances include but are not limited to acts of Nature or other accidents that may render a property uninhabitable. In the event that your chosen property becomes unavailable, Agent will try to contact Tenant to offer alternative properties, or a full refund of all monies if Tenant does not find any alternative homes acceptable.
18) LONG DISTANCE TELEPHONE CALLS; PAY PER VIEW TELEVISION:
Telephones are included in all of our vacation homes for your convenience. All long distance calls must be charged to your home phone, a telephone credit card or call collect. Please do not charge any calls to the Owner. Pay-Per-View television, including HBO, special sporting events, ShowTime, and other such channels are not included in your rental unless otherwise stated on internet listing. Viewing of PPV programs is prohibited by Owner and will result in a charge against your deposit.
19) OWNER’S CLOSETS OR OTHER LOCKED AREAS:
Any locked closets or other areas are reserved for the storage of the Owner’s private property. They are not included in this rental.
From time to time it may be necessary for us to enter the property during reasonable hours for any purpose connected with the repair, care or management of the property (see Item #29, page 5.)
21) WHAT IS PROVIDED AT THE HOUSE UPON ARRIVAL:
All properties are set up for light housekeeping including linens and towels. We provide a STARTER SET of toilet tissue, bath soap, dish soap, and trash bags. This is enough for one night, or perhaps two, but if you are staying for an extended length of time, you should plan to bring some supplies from home or plan to purchase these items at a grocery store when you arrive. No laundry detergent or paper towels are in the house upon arrival.
22) DISBURSEMENT OF RENT TO THIRD PARTIES/FEES:
Tenant authorizes Agent to disburse up to fifty (50%) of the rent to the Owners (or as Owner directs) prior to Tenant’s occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay $25 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds, closed account, or other. Tenant also authorizes Agent to disburse prior to Tenant’s occupancy of the Premises any fees owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of the Tenant.
23) 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 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. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Tenant’s breach of any duty contained in the paragraph shall be considered material and shall result in the termination of tenancy. Tenant shall not smoke within the house (see Item #12, page 3.)
24) AGENTS DUTIES:
Agent agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to tenant all payments made by tenant. Agent shall conduct all brokerage activities in regard to the Agreement without respect to race, color, religion, sex, national origin, handicap, sexual orientation, or familial status of any Tenant.
25) ITEMS LEFT IN UNIT:
Agent is not responsible for items left in rental units. In the event that Tenant leaves behind items of utmost importance, Agent will attempt to retrieve and return items at Tenants’ expense, but such retrieval cannot and will not be guaranteed.
26) TRANSFER TO PREMISES:
1- If the Owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises. If Tenant’s occupancy under this Agreement is to end 180 days after such recordation, Tenant has no right to enforce the terms of the Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 10 days after transfer of the Premises, the grantee or the grantee’s agent is required to (i) notify Tenant in writing of the transfer of the Premises, the grantee’s name and address, and the date the grantee’s interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payment made by Tenant.
2- Upon termination of the Owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the Owner, Owner’s Agent, or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the Owner’s successor-in-interest within 30 days and notify Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s occupancy under this Agreement is to end more than 180 days after recordation of the interest of the owner’s successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
3- If the Owner’s interest in the Premises is involuntarily transferred prior to Tenant’s occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days of transfer.
27) MANDATORY EVACUATION:
If State or Local authorities order a mandatory evacuation of an area that includes the premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises, (i) tenant refused insurance offered by Agent that would have compensated tenant for losses or damages resulting from loss of use of the premises due to mandatory evacuation order, or (ii) Tenant purchased insurance offered by the landlord or real estate broker. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged for the vacation rental to the tenant.
28) EXPEDITED EVICTION:
If the tenancy created hereunder is for 30 days 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 of the Agreement (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.
29) INDEMNIFICATION AND HOLD HARMLESS: RIGHT OF ENTRY; ASSIGNMENT:
Tenant agrees to indemnify and hold harmless Agent 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, of the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the Owner, or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alteration or improvements thereto as Agent or Owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
PLEASE READ THIS RENTAL AGREEMENT CAREFULLY, SIGN OR INITIAL WHERE INDICATED ON ALL PAGES, AND RETURN ALL PAGES TO AGENT WITH INITIAL PAYMENT TO BE PAID UPON RECEIPT.
By signing below, I certify that I agree to abide by the rules and polices herein as well as those pertaining to the property I am renting. Failure to adhere to the rules and policies may result in forfeiture of my deposit and/or denial of occupancy without refund. I agree to the rules and policies concerning the use of the hot tub. I will not bring a pet to a property that does not allow such. I understand that my property is not equipped with air conditioning unless otherwise stated on the internet listing. I authorize the use of my credit card for any damages incurred during my tenancy. I understand that my writing on the contract other than where specified for my signature or initials will render the entire agreement null and void.
HOT TUB SAFETY INSTRUCTIONS
If your property is equipped with a hot tub, you must read the below information.
NOTE: PERSONS WITH A COMMUNICABLE DISEASE OR INFECTION SHOULD NOT USE THE HOT TUB!
All of our hot tubs are professionally serviced between rentals.
Please follow the following instructions for using the hot tub and instruct your children to do so as well. Failure to abide by these rules will place users at risk for infection and may also result in extra cleaning charges.
- Each guest must rinse off before getting in the hot tub and after using the hot tub. Lotions, oils, hairspray, perfume, and deodorants can react with the chemicals in the water and failure to rinse off may subject users to infection.
- If there is a sanitizing dispenser floating in the water, do not tamper with it. You must leave it the water at all times to keep the water sanitized. Removing the sanitizer dispenser will place users at risk for infection
- Please do not add anything to the hot tub water including chemicals, soaps, bath oils, etc, as they clog the filter.
- Do not use oils, lotions, creams, etc. in the hot tub.
- Do not allow anyone to urinate in the hot tub.
- Take special care in removing cover- it is foam and fragile.
- Carefully place cover on hot tub when not in use to maintain heat and prevent excess water & sanitizer evaporation.
- Make sure cover is secure when the hot tub is not in use.
- Do not turn off or unplug hot tub.
- Do not use glassware in the hot tub, as it can shatter.
Neither the Property Owner nor the Management Company shall be liable for any injury or sickness due to using the hot tub. USE THE HOT TUB AT YOUR OWN RISK.
NC VACATION RENTAL ACT (NC GS 42A)
Your Vacation Rental Agreement is subject to the North Carolina Vacation Rental Act (VRA). Highlights of the VRA and application of it to your Agreement with Blue Ridge Mountain Rentals are as follows (Tenant and Guest are interchangeable terms):
Chapter 42A - Vacation Rental Act
Article 1. Vacation Rentals
42A-1. Title. This Chapter shall be known as the North Carolina Vacation Rental Act. (1999-420, s. 1.)
42A-2. Purpose and scope of act. The General Assembly finds that the growth of the tourism industry in North Carolina has led to a greatly expanded market of privately owned residences that are rented to tourists for vacation, leisure, and recreational purposes. Rental transactions conducted by the owners of these residences or licensed real estate brokers acting on their behalf present unique situations not normally found in the rental of primary residences for long terms, and therefore make it necessary for the General Assembly to enact laws regulating the competing interests of landlords, real estate brokers, and tenants. (1999-420, s. 1.)
42A-3. Application; exemptions. (a) The provisions of this Chapter shall apply to any person, partnership, corporation, limited liability company, association, or other business entity who acts as a landlord or real estate broker engaged in the rental or management of residential property for vacation rental as defined in this Chapter. (b) The provisions of this Chapter shall not apply to: (1) Lodging provided by hotels, motels, tourist camps, and other places subject to regulation under Chapter 72 of the General Statutes. (2) Rentals to persons temporarily renting a dwelling unit when traveling away from their primary residence for business or employment purposes. (3) Rentals to persons having no other place of primary residence. (4) Rentals for which no more than nominal consideration is given. (1999-420, s. 1.)
42A-4. Definitions. The following definitions apply in this Chapter: (1) Real estate broker. A real estate broker as defined in G.S. 93A-2(a). (2) Residential property. An apartment, condominium, single-family home, townhouse, cottage, or other property that is devoted to residential use or occupancy by one or more persons for a definite or indefinite period. (3) Vacation rental. The rental of residential property for vacation, leisure, or recreation purposes for fewer than 90 days by a person who has a place of permanent residence to which he or she intends to return. (4) Vacation rental agreement. A written agreement between a landlord or his or her real estate broker and a tenant in which the tenant agrees to rent residential property belonging to the landlord for a vacation rental. (1999-420, s. 1.)
42A-10. Written agreement required. (a) A landlord or real estate broker and tenant shall execute a vacation rental agreement for all vacation rentals subject to the provisions of this Chapter. No vacation rental agreement shall be valid and enforceable unless the tenant has accepted the agreement as evidenced by one of the following: (1) The tenant's signature on the agreement. (2) The tenant's payment of any monies to the landlord or real estate broker after the tenant's receipt of the agreement. (3) The tenant's taking possession of the property after the tenant's receipt of the agreement. (b) Any real estate broker who executes a vacation rental agreement that does not conform to the provisions of this Chapter or fails to execute a vacation rental agreement shall be guilty of an unfair trade practice in violation of G.S. 75-1.1, and shall be prohibited from commencing an expedited eviction proceeding as provided in Article 4 of this Chapter. (1999-420, s. 1.)
42A-11. Vacation rental agreements. (a) A vacation rental agreement executed under this Chapter shall contain the following notice on its face which shall be set forth in a clear and conspicuous manner that distinguishes it from other provisions of the agreement: "THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOURSIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL." (b) The vacation rental agreement shall contain provisions separate from the requirements of subsection (a) of this section which shall describe the following as permitted or required by this Chapter: (1) The manner in which funds shall be received, deposited, and disbursed in advance of the tenant's occupancy of the property. (2) Any processing fees permitted under G.S. 42A-17(c). (3) The rights and obligations of the landlord and tenant under G.S. 42A-17(b). (4) The applicability of expedited eviction procedures. (5) The rights and obligations of the landlord or real estate broker and the tenant upon the transfer of the property. (6) The rights and obligations of the landlord or real estate broker and the tenant under G.S. 42A-36. (7) Any other obligations of the landlord and tenant. (1999-420, s. 1.)
42A-15. Trust account uses. A landlord or real estate broker may require a tenant to pay all or part of any required rent, security deposit, or other fees permitted by law in advance of the commencement of a tenancy under this Chapter if these payments are expressly authorized in the vacation rental agreement. If the tenant is required to make any advance payments, other than a security deposit, whether the payment is denominated as rent or otherwise, the landlord or real estate broker shall deposit these payments in a trust account in an insured bank or savings and loan association in North Carolina no later than three banking days after the receipt of the these payments. These payments deposited in a trust account shall not earn interest unless the landlord and tenant agree in the vacation rental agreement that the payments may be deposited in an interest-bearing account. The landlord and tenant shall also provide in the agreement to whom the accrued interest shall be disbursed. (1999-420, s. 1.)
42A-16. Advance payments uses. (a) A landlord or real estate broker shall not disburse prior to the occupancy of the property by the tenant an amount greater than fifty percent (50%) of the total rent except as permitted pursuant to this subsection. A landlord or real estate broker may disburse prior to the occupancy of the property by the tenant any fees owed to third parties to pay for goods, services, or benefits procured by the landlord or real estate broker for the benefit of the tenant, including administrative fees permitted by G.S. 42A-17(c), if the disbursement is expressly authorized in the vacation rental agreement. The funds remaining after any disbursement permitted under this subsection shall remain in the trust account and may not be disbursed until the occurrence of one of the following: (1) The commencement of the tenancy, at which time the remaining funds may be disbursed in accordance with the terms of the agreement. (2) The tenant commits a material breach, at which time the landlord may retain an amount sufficient to defray the actual damages suffered by the landlord as a result of the breach. (3) The landlord or real estate broker refunds the money to the tenant. (4) The funds in the trust account are transferred in accordance with G.S. 42A-19(b) upon the termination of the landlord's interest in the property. (b) Funds collected for sales or occupancy taxes and tenant security deposits shall not be disbursed from the trust account prior to termination of the tenancy or material breach of the agreement by the tenant, except as a refund to the tenant. (c) The tenant's execution of a vacation rental agreement in which he or she agrees to the advance disbursement of payments shall not constitute a waiver or loss of any of the tenant's rights to reimbursement of such payments if the tenant is lawfully entitled to reimbursement. (1999-420, s. 1.)
42A-17. Accounting; reimbursement. (a) A vacation rental agreement shall identify the name and address of the bank or savings and loan association in which the tenant's security deposit and other advance payments are held in a trust account, and the landlord and real estate broker shall provide the tenant with an accounting of such deposit and payments if the tenant makes a reasonable request for an accounting prior to the tenant's occupancy of the property. (b) Except as provided in G.S. 42A-36, if, at the time the tenant is to begin occupancy of the property, the landlord or real estate broker cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the landlord and real estate broker shall refund to the tenant all payments made by the tenant. (c) A vacation rental agreement may include administrative fees, the amounts of which shall be provided in the agreement, reasonably calculated to cover the costs of processing the tenant's reservation, transfer, or cancellation of a vacation rental. (1999-420, s. 1; 2005-292, s. 1.)
42A-18. Applicability of the Residential Tenant Security Deposit Act. (a) Except as may otherwise be provided in this Chapter, all funds collected from a tenant and not identified in the vacation rental agreement as occupancy or sales taxes, fees, or rent payments shall be considered a tenant security deposit and shall be subject to the provisions of the Residential Tenant Security Deposit Act, as codified in Article 6 of Chapter 42 of the General Statutes. Funds collected as a tenant security deposit in connection with a vacation rental shall be deposited into a trust account as required by G.S. 42-50. The landlord or real estate broker shall not have the option of obtaining a bond in lieu of maintaining security deposit funds in a trust account. In addition to the permitted uses of tenant security deposit monies as provided in G.S. 42-51, a landlord or real estate broker may, after the termination of a tenancy under this Chapter, deduct from any tenant security deposit the amount of any long distance or per call telephone charges and cable television charges that are the obligation of the tenant under the vacation rental agreement and are left unpaid by the tenant at the conclusion of the tenancy. The landlord or real estate broker shall apply, account for, or refund tenant security deposit monies as provided in G.S. 42-51 within 45 days following the conclusion of the tenancy. (b) A vacation rental agreement shall not contain language compelling or permitting the automatic forfeiture of all or part of a tenant security deposit in case of breach of contract by the tenant, and no such forfeiture shall be allowed. The vacation rental agreement shall provide that a tenant security deposit may be applied to actual damages caused by the tenant as permitted under Article 6 of Chapter 42 of the General Statutes. (1999-420, s. 1.)
42A-19. Transfer of property subject to a vacation rental agreement. (a) The grantee of residential property voluntarily transferred by a landlord who has entered into a vacation rental agreement for the use of the property shall take title to the property subject to the vacation rental agreement if the vacation rental is to end not later than 180 days after the grantee's interest in the property is recorded in the office of the register of deeds. If the vacation rental is to end more than 180 days after the recording of the grantee's interest, the tenant shall have no right to enforce the terms of the agreement unless the grantee has agreed in writing to honor those terms, but the tenant shall be entitled to a refund of payments made by him or her, as provided in subsection (b) of this section. Prior to entering into any contract of sale, the landlord shall disclose to the grantee the time periods that the property is subject to a vacation rental agreement. Not later than 10 days after transfer of the property, the landlord shall disclose to the grantee each tenant's name and address and shall provide the grantee with a copy of each vacation rental agreement. In lieu of providing the grantee a copy of each vacation rental agreement, where the landlord or the landlord's agent utilizes a standard form vacation rental agreement, the landlord may provide the grantee with a copy of the part of each vacation rental agreement that contains information unique to the tenancy, the amount to be paid by the tenant, and the parties' signatures, along with one copy of the rest of the standard form vacation rental agreement. However, the landlord shall not be required to provide the grantee with copies of the vacation rental agreements if in anticipation of acquiring the property the grantee has engaged the landlord's rental agent to continue to manage the property after the transfer and the landlord authorizes the rental agent to provide the information to the grantee and the grantee approves. Not later than 20 days after transfer of the property, the grantee or the grantee's agent shall: (1) Notify each tenant in writing of the property transfer, the grantee's name and address, and the date the grantee's interest was recorded. (2) Advise each tenant whether he or she has the right to occupy the property subject to the terms of the vacation rental agreement and the provisions of this section. (3) Advise each tenant of whether he or she has the right to receive a refund of any payments made by him or her. Notwithstanding any other provision of this section, if the grantee engages as the grantee's broker and rental agent for the property the broker who procured the tenant's vacation rental agreement for the landlord, the grantee shall have no obligation under subdivisions (1), (2), and (3) of this subsection with regard to those tenants whose vacation rental agreements must be honored under this section or with regard to those tenants whose vacation rental agreements the grantee has agreed in writing to honor. (b) Except as otherwise provided in this subsection, upon termination of the landlord's interest in the residential property subject to a vacation rental agreement, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or the landlord's agent, or the real estate broker, shall, within 30 days, transfer all advance rent paid by the tenant, and the portion of any fees remaining after any lawful deductions made under G.S. 42A-16, to the landlord's successor in interest and thereafter notify the tenant by mail of such transfer and of the transferee's name and address. For vacation rentals that end more than 180 days after the recording of the interest of the landlord's successor in interest, unless the landlord's successor in interest has agreed in writing to honor the vacation rental agreement, the landlord or the landlord's agent, or the real estate broker, shall, within 30 days, transfer all advance rent paid by the tenant, and the portion of any fees remaining after any lawful dade under G.S. 42A-16, to the tenant. Compliance with this subsection shall relieve the landlord or real estate broker of further liability with respect to any payment of rent or fees. Funds held as a security deposit shall be disbursed in accordance with G.S. 42A-18. (c) Repealed by Session Laws 2000-140, s. 41, effective July 21, 2000. (d) The failure of a landlord to comply with the provisions of this section shall constitute an unfair trade practice in violation of G.S. 75-1.1. A landlord who complies with the requirements of this section shall have no further obligations to the tenant. (1999-420, s. 1; 2000-140, s. 41; 2005-292, s. 2.)
42A-23. Grounds for eviction. (a) Any tenant who leases residential property subject to a vacation rental agreement under this Chapter for 30 days or less may be evicted and removed from the property in an expedited eviction proceeding brought by the landlord, or real estate broker as agent for the landlord, as provided in this Article if the tenant does one of the following: (1) Holds over possession after his or her tenancy has expired. (2) Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his or her tenancy. (3) Fails to pay rent as required by the agreement. (4) Has obtained possession of the property by fraud or misrepresentation. (b) Only the right to possession shall be relevant in an expedited eviction proceeding. All other issues related to the rental of the residential property shall be presented in a separate civil action. (1999-420, s. 1.)
42A-24. Expedited eviction. (a) Before commencing an expedited eviction proceeding, the landlord or real estate broker shall give the tenant at least four hours' notice, either orally or in writing, to quit the premises. If reasonable efforts to personally give oral or written notice have failed, written notice may be given by posting the notice on the front door of the property. (b) An expedited eviction proceeding shall commence with the filing of a complaint and issuance of summons in the county where the property is located. If the office of the clerk of superior court is closed, the complaint shall be filed with, and the summons issued by, a magistrate. The service of the summons and complaint for expedited eviction shall be made by a sworn law enforcement officer on the tenant personally or by posting a copy of the summons and complaint on the front door of the property. The officer, upon service, shall promptly file a return therefore. A hearing on the expedited eviction shall be held before a magistrate in the county where the property is located not sooner than 12 hours after service upon the tenant and no later than 48 hours after such service. To the extent that the provisions of this Article are in conflict with the Rules of Civil Procedure, Chapter 1A of the General Statutes, with respect to the commencement of an action or service of process, this Article controls. (c) The complaint for expedited eviction shall allege and the landlord or real estate broker shall prove the following at the hearing: (1) The vacation rental is for a term of 30 days or less. (2) The tenant entered into and accepted a vacation rental agreement that conforms to the provisions of this Chapter. (3) The tenant committed one or more of the acts listed in G.S. 42A-23(a) as grounds for eviction. (4) The landlord or real estate broker has given notice to the tenant to vacate as a result of the breach as provided in subsection (a) of this section. The rules of evidence shall not apply in an expedited eviction proceeding, and the court shall allow any reasonably reliable and material statements, documents, or other exhibits to be admitted as evidence. The provisions of G.S. 7A-218, 7A-219, and 7A-220, except any provisions regarding amount in controversy, shall apply to an expedited eviction proceeding held before the magistrate. These provisions shall not be construed to broaden the scope of an expedited eviction proceeding to issues other than the right to possession. (d) If the court finds for the landlord or real estate broker, the court shall immediately enter a written order granting the landlord or real estate broker possession and stating the time when the tenant shall vacate the property. In no case shall this time be less than 2 hours or more than 8 hours after service of the order on the tenant. The court's order shall be served on the tenant at the hearing. If the tenant does not appear at the hearing or leaves before the order is served, the order shall be served by delivering the order to the tenant or by posting the order on the front door of the property by any sworn law enforcement officer. The officer, upon service, shall file a return therefore. If the court finds for the landlord or real estate broker, the court shall determine the amount of the appeal bond that the tenant shall be required to post should the tenant seek to appeal the court order. The amount of the bond shall be an estimate of the rent that will become due while the tenant is prosecuting the appeal and reasonable damages that the landlord may suffer, including damage to property and damages arising from the inability of the landlord or real estate broker to honor other vacation rental agreements due to the tenant's possession of the property. (1999-420, s. 1.)
42A-25. Appeal. A tenant or landlord may appeal a court order issued pursuant to G.S. 42A-24(d) to district court for a trial de novo. A tenant may petition the district court to stay the eviction order and shall post a cash or secured bond with the court in the amount determined by the court pursuant to G.S. 42A-24(d). (1999-420, s. 1.)
42A-26. Violation of court order. If a tenant fails to remove personal property from a residential property subject to a vacation rental after the court has entered an order of eviction, the landlord or real estate broker shall have the same rights as provided in G.S. 42-36.2(b) as if the sheriff had not removed the tenant's property. The failure of a tenant or the guest of a tenant to vacate a residential property in accordance with a court order issued pursuant to G.S. 42A-24(d) shall constitute a criminal trespass under G.S. 14-159.13. (1999-420, s. 1.)
42A-27. Penalties for abuse. A landlord or real estate broker shall undertake to evict a tenant pursuant to an expedited eviction proceeding only when he or she has a good faith belief that grounds for eviction exists under the provisions of this Chapter. Otherwise, the landlord or real estate broker shall be guilty of an unfair trade practice under G.S. 75-1.1 and a Class 1 misdemeanor. (1999-420, s. 1.)
42A-31. Landlord to provide fit premises. A landlord of a residential property used for a vacation rental shall: (1) Comply with all current applicable building and housing codes. (2) Make all repairs and do whatever is reasonably necessary to put and keep the property in a fit and habitable condition. (3) Keep all common areas of the property in safe condition. (4) Maintain in good and safe working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by him or her upon written notification from the tenant that repairs are needed. (5) Provide operable smoke detectors. The landlord shall replace or repair the smoke detectors if the landlord is notified by the tenant in writing that replacement or repair is needed. The landlord shall annually place new batteries in a battery-operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or landlord. These duties shall not be waived; however, the landlord and tenant may make additional covenants not inconsistent herewith in the vacation rental agreement. (1999-420, s. 1.)
42A-32. Tenant to maintain dwelling unit. The tenant of a residential property used for a vacation rental shall: (1) Keep that part of the property which he or she occupies and uses as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that he or she uses. (2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner. (3) Keep all plumbing fixtures in the property or used by the tenant as clean as their condition permits. (4) Not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided by the landlord or knowingly permit any person to do so. (5) Comply with all obligations imposed upon the tenant by current applicable building and housing codes. (6) Be responsible for all damage, defacement, or removal of any property inside the property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the landlord or his or her agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces. (7) Notify the landlord of the need for replacement of or repairs to a smoke detector. The landlord shall annually place new batteries in a battery-operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or the landlord. These duties shall not be waived; however, the landlord and tenant may make additional covenants not inconsistent herewith in the vacation rental agreement. (1999-420, s. 1.)
42A-36. Mandatory evacuations. If State or local authorities, acting pursuant to Article 36A of Chapter 14 or Article 1 of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the tenant under the vacation rental agreement, whether in possession of the property or not, shall comply with the evacuation order. Upon compliance, the tenant shall be entitled to a refund from the landlord of the prorated rent for each night that the tenant is unable to occupy the property because of the mandatory evacuation order. The tenant shall not be entitled to a refund if: (i) prior to the tenant taking possession of the property, the tenant refused insurance offered by the landlord or real estate broker that would have compensated the tenant for losses or damages resulting from loss of use of the property due to a mandatory evacuation order; or (ii) the tenant purchased insurance offered by the landlord or real estate broker. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged for the vacation rental to the tenant. (1999-420, s. 1; 2005-292, s. 3.)