Our Rental Policy:
Foscoe Rentals abides by the North Carolina Vacation Rental Act. In compliance with this act and for the benefit of our tenants we include all pertinent information in our Rental Agreement. We have listed answers to some of the most commonly asked questions below. Please take the time to read the entire agreement. Your acceptance at the bottom of this page constitutes your acceptance of all items in this agreement.
- 50% of the total rental amount is required to make your reservation online. If your arrival date is within the next 30 days, your full amount will be due to process your reservation. We accept Mastercard, Visa, American Express and Discover. Due to a rate increases there is a $15 plus tax service charge on all American Express charges. Reservations made online will be subject to charge at check in. The balance of your rental amount is due at check-in. We can accept a personal check with proper identification.
- You have two options for the Security Deposit. First, you have the option of paying a Security Deposit from $200-$700 depending on the property. The security deposit will not be returned at check out. FOSCOE REALTY RENTAL Property Management Co. will send a refund check and it can take up to 45 days for a refund check to be issued. Foscoe Rentals will not be liable for any bank charges resulting from the use of a debit card to pre-authorize a security deposit. Second, you have the option of purchasing the Peace of Mind Protection Plan (POM Plan) for the amount of $35 or $50 if your stay is over 30 days. Purchasing the POM Plan covers theft or damage to the unit as a result of your inadvertent acts or omissions. For a full description of the plan, please refer to the Description of Coverage detailing the terms, conditions and responsibilities of the Tenant and FOSCOE RENTALS Property Management Co. If you do not receive a Description of Coverageupon purchase of the plan, contact FOSCOE RENTALS Property Management Co. for a copy. Purchasing the POM Plan in lieu of a Security Deposit does not negate your responsibilities as a Tenant. Not following the check out procedures will result in a fee of $25 an hour for clean up. Payment for the POM Plan will not be accepted after the guest occupies the unit. You must notify the Management Company of any damage or theft to the unit during your occupancy, or this plan is void. The units are carefully inspected after each rental. FOSCOE RENTALS Property Management Co. receives compensation for selling POM Plan.
- No keys will be released until the balance has been paid and the security deposit has been pre-authorized.
- Check-In is 3:00pm to 5:00pm
- Check-Out is 10:00am
- To maintain the high quality of our rental units there is No Smoking and No Pets unless otherwise noted in the property description.
- All linens and towels are provided with our rental units at no additional charge. You will find your unit clean and all beds made upon your arrival.
- Please pay careful attention to the sleeping capacity listed for each unit. Babies in their own cribs are the only exception to this policy.
- Cancellations and date changes must be received at least 30 days prior to dates of occupancy. Please refer to sections VII & VIII of the Vacation Rental Agreement for all details.
- All rates and policies are subject to change without notice. Minimum stays may apply during peak times.
Vacation Rental 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. YOUR SIGNATURE 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 YOU INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
Foscoe Rentals ("Agent") as agent of the owner, hereby rents to Tenant, and Tenant hereby rents from Agent, the vacation property described below (referred to hereafter as the "Premises") on the terms contained in this Agreement.
City of:________________ County of:___________________
Name of Premises:___________________ Street Address:_________________
Confirmation #:___________________ Other Description:__________________
2. Term . BEGINS:____________ after 3:00p.m. ENDS:___________ at 10:a.m.
. Tenant agrees to pay rent for the Premises in the amount of $___________
in accordance with paragraph 4 below.
4. Financial Terms.
Description: Amount: Due:
Advance Rent Deposit $___________ ____________
Rent Balance $___________ ____________
Reservation Fee $___________ ____________
Departure Cleaning $___________ ____________
NC Sales Tax* $___________ ____________
Security Deposit $___________ ____________
Total Due at Check-in $__________
*Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.
5. Disbursement of Rent and Third Party Fees. Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth in paragraph 3 above to Owner (or as the owner directs) prior to Tenant's occupancy of the Premises, and the balance of the rent 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 $25.00 processing fee for any check of Tenant that may be returned by the financial institution. due to insufficient funds of because Tenant did not have an account at the financial institution . Tenant also authorizes Agent to disburse prior to Tenant's occupancy of the Premises any fees owed to third parties for goods, services, or benefits procured by Agent for the benefit of Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancellation of Tenant's tenancy.
6. Security Deposit. Any security deposit provided for in paragraph 4 above 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 Agreement (including and addendum hereto) as being included with the Premises. Agent shall apply, account for or refund Tenant's security deposit within 45 days following the end of the tenancy.
7. Trust Account. Any advance payment made by Tenant shall be deposited in a Trust Account with Centura Bank located at Boone, NC. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to, the owner (or as the Owner directs) as it accrues and as often as is permitted by the terms of the account.
8. Other Addenda. Any addenda to this Agreement are described in the following and attached Rules and Regulations. Tenant agrees that Tenant has received and read the Rules and Regulations. Tenant agrees that Tenant has received and read the Rules and Regulations, and that they shall constitute an integral part of this Agreement.
Vacation Rental Agreement - Rules and Regulations
Section I. - Check-In
Foscoe Rentals' office is located at the entrance to Echota on Highway 105.
- Check-in time is between 3 p.m. and 5 p.m. - no keys will be released until after 3 p.m.
- Possession of the unit will not take place until entire rental amount has been paid, including security deposit.
- Late arrivals must arrange to pay balance of rent and security deposit prior to 5 p.m. the day of arrival. It is the tenant's responsibility to request an after hours check-in.
- Two sets of keys will be provided at check-in. Keys not returned at check-out will result in a service charge of $25/set being deducted from tenant's security deposit.
- Complete directions to rental unit will be provided at check-in.
Section II. - Furnishings
- All units (except the Inn at Hawks Peak) are equipped for basic needs including cooking and light housekeeping. All kitchens are equipped with a coffeemaker, microwave, range, refrigerator, and dishwasher unless otherwise specified in contract or brochure.
- All linens are provided. All beds have pillows, bedspreads and blankets.
- Toilet paper, paper towels, dishwasher detergent and dishwashing liquid are supplied in quantities sufficient for a weekend stay. Additional products are the responsibility of the tenant.
- All units are equipped with a Beuhner-Frye "Like Home Dialing" phone which allows toll calls to be charged to a calling card or a major credit card. Any charges placed on the unit's phone bill will be deducted from the security deposit. Local calls are free. Foscoe Rentals receives a 10% commission for all long distance calls placed thru Beuhner-Frye.
- All units are equipped with a color TV and VCR. No replacement or repair guaranteed and no refunds will be given for TV or VCR malfunctions.
- Foscoe Rentals will make reasonable effort to provide any special amenities (such as hot tubs, whirlpools, satellite TV, etc.) in good working order and repair them during the tenancy upon notice from tenant, but given the difficulty of repairs to such amenities, tenant understands that Foscoe Rentals can make no guarantees that any such amenities will be working during the entire tenancy, and that the tenant will not be entitled to any refund if they are not.
Section III. - Accommodation Rules
- Tenant agrees that property will not be used or occupied by more than the maximum allowable number of occupants set forth in agreement - this includes tenant, tenant's family (including all children) and tenant's guests. Overloading the cabin will result in expedited eviction.
- No campers, mobile homes or tents. No campfires.
- Pets are only allowed in specified units. Detection of a pet in an unspecified unit will result in an expedited eviction and a $75 extermination fee will be deducted from tenant's security deposit.
- Smoking is not allowed in any rental units. If smoking is detected upon inspection of unit after tenancy a $100 fee will be deducted from Tenant's Security Deposit to pay for ionization/air purification of the unit. If cigarettes or cigars are found around the unit a fee of $25/hour will be deducted from Tenant's SecurityDeposit to pay for removal of such debris.
- House parties are strictly prohibited. Any complaints filed with the police department against tenant will result in expedited eviction.
- After hour's lockout calls to locksmith and expenses occurred are tenant's responsibility.
- Grilling is only permitted in units that provide grills. Propane refills are tenant's responsibility. Grill must be cleaned and ashes disposed of properly to avoid an additional cleaning fee of $10
- No use of property for any reason or purpose that violates any criminal law or government regulation.
- Commercial uses of property are prohibited
- Tenant is responsible for complying with building's rules and regulations, if any.
Section IV. - Maintenance of Unit by Tenant
Tenant is to maintain the property in accordance with Section 42A-32 of the Vacation Rental Act, including, but not limited to, the following:
- Keep that part of the property which tenant occupies and uses as safe and clean as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that tenant uses.
- Dispose of all ashes, rubbish, garbage, and other waste as directed in the unit. Under no circumstances is trash to be left on porches, decks, or any other exterior location.
- Keep all plumbing fixtures in property or used by tenant as clean as their condition permits.
- Not deliberately or negligently destroy, deface, damage or remove any part of the property or render inoperable a smoke detector provided by the landlord or knowingly permit any person to do so.
- Comply with all obligations imposed upon tenant by current applicable building and housing codes.
- Be responsible for all damage, defacement, or removal of any property that is in tenant's exclusive control unless the damage, defacement or removal was due to ordinary wear and tear, acts of the landlord or his agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces.
- Notify the landlord in writing of the need or replacement of or repairs to a smoke detector, and replace the batteries as needed during tenancy.
Section V. - Landlord duty to provide fit premises
If, at the time the tenant is to begin occupancy of the property, the landlord or agent cannot provide the property in a fit and habitable condition or substitute a reasonable comparable property in such condition, the landlord and agent shall refund to the tenant all payments made by the tenant
Section 42A-31 of the VRA requires the landlord to:
- Comply with all current applicable building and housing codes.
- Make all repairs and do whatever is reasonably necessary to put and keep the property in a fit and habitable condition.
- Keep all common areas of the property in safe condition.
- Maintain in good working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by him upon written notification from the tenant that repairs are needed.
- Provide operable smoke detectors, replace or repair the smoke detectors if the landlord is notified by tenant in writing that replacement or repair is needed, and annually place new batteries in a battery-operated smoke detector.
- Agent shall conduct all brokerage activities in regard to this Agreement with respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant.
Section VI. - Check-out
- Check-out is 10 a.m. A late checkout fee of $25/hour will be deducted from tenant's security deposit.
- Tenant is responsible for the following upon check-out: dishes should be washed and put away in proper cupboards; refrigerator should be emptied and contents disposed of properly; heat set on 50 degrees (winter only); all trash bagged and tied and placed according to instructions in unit; all windows and doors closed and locked.
- Keys should be returned to the rental office placed in the key drop if prior to office opening.
Section VII. - Transfers by tenant
- Tenant deposits can only be applied to unit in original reservation.
- Dates of occupancy must be changed 30 days in advance of original lease, subject to availability. New dates must be within one year of the original reservation.
- Transfer request must be written.
- If transfer request is granted, original lease will become effective for new dates.
Section VIII. - Cancellation by tenant
- Cancellation request must be written.
- If property is re-rented for the same period, tenant receives advance rent payment back, less an administrative fee of $50.
- If property is not re-rented for the same period, tenant will not be entitled to reimbursement for any advance rent payment.
- Tenant will be entitled to reimbursement of any fees paid to Foscoe Rentals for goods, services, or benefits procured by Foscoe Rentals from third parties for the benefit of the tenant that have not been paid out prior to cancellation. It is the tenant's responsibility to seek reimbursement directly from third party for any fees that have already been paid out.
Section IX. - Transfer of the property by owner
- If the property is voluntarily transferred by landlord, a tenant has the right to enforce the vacation rental agreement against the grantee of the property if the vacation rental is to end 180 days or less after the date of the grantee's interest in the property is recorded; if the vacation rental is to end more than 180 days after recordation of the grantee's interest in the property, the tenant has no right to enforce the terms of the agreement unless the grantee agrees in writing to honor the agreement. If the grantee does not honor the agreement, the tenant is entitled to a full refund of any payments her or she has made.
Within 10 days after transfer of property, grantee or grantee's agent shall:Upon termination of the landlord's interest in the property, whether by sale, assignment, death, appointment of a receiver or otherwise, the landlord, landlord's agent, or real estate agent is required to transfer all advance rent paid by the tenant (and other fees owed to third parties not already lawfully disbursed) to the landlord's successor-in-interest within thirty days, and notify the tenant by mail of such transfer and of the recordation of the landlord's successor-in-interest in the property, and the successor-in-interest has not agreed to honor the vacation rental, all advance rent paid by the tenant must be transferred to the tenant within thirty days.
- Notify each tenant in writing of the property transfer, the grantee's name and address, and the date the grantee's interest was recorded.
- 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.
- Advise each tenant of whether he or she has the right to receive a refund of any payments made by him or her.
- If the landlord's interest in the property is involuntarily transferred to another prior to the tenant's occupancy of the property, the landlord shall refund to the tenant any payment made by the tenant within sixty days after the transfer.
Section X. - Cancellation by Owner
Foscoe Rentals, on behalf of owner of property, reserves the right to cancel agreement at any time prior to tenant taking possession of the property. In such event, all payments made by tenant to Foscoe Rentals will be refunded, and neither the management firm nor owner will be liable for any damages of any sort incurred by tenant as a result of such cancellation. If tenant desires to be placed in alternative premises, Foscoe Rentals will make a good faith effort to relocate tenant, but if the premises are more expensive, tenant agrees to pay difference.
Section XI. - Expedited Eviction
IF the tenancy created herein 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:
- Holds over in possession after Tenant's tenancy has expired.
- Commits a material breach of nay provision of the Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant's tenancy.
- Fails to pay rent as required by this Agreement.
- Has obtained possession of the Premises by fraud or misrepresentation.
Section XII. - Mandatory Evacuation, State Road Closure
If state and 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. In addition, if Tenant is unable to begin tenancy due to road closure by state or local authorities, a prorated refund for each night that Tenant is unable to occupy the premises will be issued. If state road are open and Tenant chooses not to begin occupancy, no refunds will be given. Foscoe Rentals will make its best effort to have private roads leading to Premises cleared of snow, however, no guarantee will be made that all roads will be considered passable and no refunds will be given based on snow removal, or lack thereof.
Section XIII. - 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, or failure of Agent or 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, improvements or alterations 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.
REAL ESTATE AGENCY
1267 Seven Devils Road
Seven Devils, NC 28604
828-963-8142 fax 828-963-8148 800-723-7341
BY: Missy Harrill, Manager Date:___________