Rental Agreement & Travel Insurance

Vacation Rental Agreement

Terms and Conditions
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (NCVRA). 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 YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

Please read this Vacation Rental Agreement fully and afterwards, if you agree to the terms and conditions and desire to complete your reservation, please sign it electronically within 7 days of receipt.
If you have not signed within 14 days of receipt, your reservation will be automatically canceled and any refundable fees will be refunded to the credit card used to make the reservation.

The remaining balance of your rental total must be received 60 days or more prior to your tenancy. In consideration of the advance rent payment received and the mutual promises herein, the Owner of the subject Property, 1348 B South Shore Drive Miami, FL 33131, does hereby lease and rent to Tenant the certain Property described within for the following terms and conditions:

1. Identification
For the purpose of this Agreement the Guest, Renter, or Tenant shall be referred to as "Tenant," whether singular or plural. The Vacation Home shall be referred to as the "Property." The term "Owner" refers to the owner of record of the Property Amy Tracy of Cary, NC. The abbreviation "NCVRA" refers to the North Carolina Vacation Rental Act. The "Agreement." The Agreement includes the specific Property Reservation Confirmation which specifies the Property address, occupancy dates, rental charges, due dates, and associated fees.


3. Rental Policies
Tenant represents that they are 25 years old or older and that, as the responsible party for this reservation, they will be present at the Property the duration of the reserved stay. The Owner does not rent to Tenants under 25 years of age and retains the right to request photo identification from the reserving Tenant at any time during the booking process or rental stay period to verify age and identity. By signing this Vacation Rental Agreement, the Tenant certifies that he has read, understands, and will abide by all rules, policies, regulations of this Agreement, specific to the subject Property, including but not limited to any and all Home Owner's Association rules and fees, and all city, county, and State ordinances. Additional policies may be posted at the Property. Tenant understands and agrees that failure to abide by the above stated may result in expedited eviction and loss of all monies without recourse or refund.

4. Your Reservation: Rent Payments
The Owner accepts Visa, MasterCard, Discover, American Express through its online booking platforms only. Tenants may choose to pay by check if they would like a cash discount. All fees must be paid at the time of reservation. The tenant may cancel their reservation within 3 days of booking if the tenant has at least 14 days before the check in date. Checks returned for NSF will be asked to pay a $35 NSF fee. Checks are only accepted on advanced reservations, one month prior to check in date.

Payment must be in U.S. Funds. Any and all advanced sums will be deposited by the Owner in an interest-bearing account at Coastal Federal Credit Union. The Tenant expressly authorizes the Owner to do so and to disburse said sums, prior to Tenant’s possession in accordance with 42a-16 of the North Carolina Vacation Rental Act. It is understood and agreed that all accrued interest on said sums shall inure to the benefit of the Owner.

5. Maximum Occupancy of Property
You are responsible for knowing and adhering to the occupancy limits of the Property you are renting. If this legal occupancy limit is exceeded, you may lose your rental rights with a complete forfeiture of all advance rental payments and be subject to expedited eviction (42-A-23 NCVRA). The homes in our rental program are private homes. Many homes have elevated decks, elevators and utilize septic systems for sewer. The maximum occupancy rule exists to provide for the Tenant’s safety. This home has a maximum occupancy of 12 including children.

6. Family Groups Only
The Owner rents to family-type groups only. The homes is not to be used as a hotel or as a venue. House parties, fraternities, school, civic or other non-family type groups and/or events are not allowed. Weddings, wedding receptions and other group events may not be held on the Property. The Owner reserves the right to refuse rental to groups where the majority of the occupants are under age 25 (Photo Identification must be furnished upon request). Violation of the above is grounds for expedited eviction without refund in accordance with Article 4 of the NCVRA.

7. Checking In and Out
The Owner utilizes a keyless entry system on this property. Tenants shall proceed directly to the rental property at 4:00 p.m. or thereafter on their reserved arrival date.
The Tenant shall enter their unique code into the entry door’s keypad and the door will unlock. The code will not open the door before or after the Tenant’s stay and is electronically monitored. The door code will be sent to the Tenant prior to the day of check-in.
In unusual circumstances it may be necessary to delay occupancy beyond 4:00 p.m. to ensure that the Property is prepared to reasonable standards. No refunds or discounts will be considered in the unlikely event of such a delay. Check-out time is no later than 10:00 a.m. on your departure date. Tenant check-out duties should be completed prior to departure. A list of check-out duties will be posted in the kitchen. Any passes or keys should be left on the kitchen counter. Fees of up to $250.00 may be assessed for failure to leave these items upon check-out and will be charged to the Tenant’s credit card on file.

Check-out duties include:
• Please wash all dishes, cookware, and utensils. Empty the dishwasher and return
all items to their proper place. Please return kitchen items/furnishings and other items such as remotes, extension cords, fans etc. in the location/unit where they were when you arrived.
• Remove all food and beverages from the Property. Check the refrigerator and freezer.
• Put all trash bags/recyclables in the outside trash container/cart. Please take care to follow the procedures for trash removal posted at the Property.
• Leave the AC set to 78 degrees or heat at 60 degrees in the winter months.
• Please check to make sure that you have not left any personal items in the
Property. Check all dressers/drawers and closets. Before leaving make certain that
all windows and doors are shut and locked and that all the lights are turned off.
For keyless locks, the thumb-latch must be flipped to lock or engage the deadbolt.
• Document (phone photo) and report (email or text) any previously unreported damages or maintenance needs. Tenant's failure to fulfill check-out duties may result in charges to the Tenant’s credit card on file.

8. Fees
Tenant understands and agrees to the following fees and charges:
• A refundable deposit of $300 less any charges for extra housekeeping or damage
• Late check-out fee of up to $500.00 per hour; to be charged to the tenant’s credit card on file.


9. Tenant Cancellation Policy
No refund 60 days before check in date
Refund will be provided after 60 day less $250 cancellation fee if The Owner was able to obtain a new tenant to fill that slot. As an example if your rent is $5000, and you have to cancel after 60 days before check in and The owner is able to find somebody to rent for $4000, then you will get back $3750.
Tenant should obtain travel insurance that covers cancellation for natural disasters and other reasons for cancelling.
Should Tenant have to cancel for any reason, the Tenant must notify The Owner immediately in writing via email. Any other fees for Travel Insurance is the responsibility of the tenant to obtain a refund.

10. Mandatory Evacuations
According to the NCVRA 42A-36, 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. The Tenant agrees to follow the check-out procedures outlined in section (7.) of this Agreement in the event of a mandatory evacuation order. Tenant agrees to return only when the evacuation order has been lifted and after contact with The Owner has been made to confirm availability of the Property. If occupancy is authorized to resume, check-in procedures will be followed as outlined in section (7.) of this Agreement.
The NCVRA provides that 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 Owner that would have compensated the Tenant for losses or damages resulting from loss of use of the Property due to a mandatory evacuation order; and IF
(ii) the Tenant purchased insurance offered by The owner. 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.)
Tenant acknowledges that the owner has offered travel insurance prior to occupancy which meets the conditions stated above and further explained in section (12.) of this Agreement.

11. Voluntary Evacuations and Hurricane Preparation
Please be aware that in the event that the use of the Property is disrupted by VOLUNTARY evacuation orders for impending storms/hurricanes or the desire of the owner to prepare a home for an impending storm or hurricane (i.e. boarding up or removing outdoor furniture), The Owner may request that Tenant evacuates the premises prior to their scheduled departure date. In the event that the Tenant and Property Owner both agree to shorten the tenancy, The Owner shall prorate the amount of the rent that reflects the actual Tenant’s stay and to refund any overages to the Tenant.

12. Taxes
All taxes are at the rates applicable at the time of the Vacation Rental Agreement. Taxes will be disbursed to the taxing bodies, i.e. Onslow County, Pender County, Town of Miami, Town of Topsail Beach, Town of North Topsail Beach, and the State of North Carolina upon termination of the tenancy or material breach of the Agreement. The tax rates may change without notice and increases will be the responsibility of the Tenant.

13. Advanced Payment Uses
Pursuant to Section 42-16 of the NCVRA, The Owners may disburse prior to occupancy of the Property up to fifty percent (50%) of the total rent paid in advance for fees owed to third parties for goods, services or benefits processed by the Owner acting on behalf of Owners for the benefit of the Tenant, including but not limited to reservation fees. Any funds remaining after an advance disbursement shall be retained in its trust account and not disbursed until the occurrence of the first of the following events; (1) the commencement of the tenancy; (2) the Tenant commits a material breach, in which case an amount sufficient to defray actual damages suffered as a result of the breach; (3) the money is refunded to the Tenant; or (4) if the funds are transferred upon the termination of the Owner's interest in the Property.

14. Owner Cancellation Policies

• Cancellation Due to Unavailability: There may be situations which cause the
Property to be unavailable for your vacation use. If this should occur, the Owner will notify you as soon as practical after learning of the circumstances. Except as provided in sections (10.) and (11.) of this Vacation Rental Agreement, if, at the time the Tenant is to begin occupancy of the property, the landlord provide the Property in a fit and habitable condition the Owner will refund 100% of your advance rental payments.

• Cancellation Due to Non-Payment: If you fail to pay any deposit or make any payment required by this Vacation Rental Agreement by the date specified in this agreement, The Owner reserves the right to cancel and terminate your reservation.

• Cancellation Due to Violation of this Agreement: The Owner reserves the
right to cancel the reservation and terminate this Vacation Rental Agreement at any time based on a violation of the terms by the Tenant and keep all funds

15. Transfer of Ownership of the Property
Section 42a-19(a) of the NCVRA provides that if the Property is voluntarily transferred by the Owner, Tenant has the right to enforce the Vacation Rental Agreement against the grantee of the Property if the vacation is to end one hundred eighty (180) days or less after the date the grantee's interest in the Property is recorded by the Register of Deeds Office. If the vacation rental is to end more than one hundred eighty (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, but the Tenant is entitled to a full refund of any payments he or she has made. Tenant will be notified via email, to the email on file of the Property transfer, the grantee's name and address, and the date the grantee's interest was recorded. Notice will be given within (10) days of Property transfer. If the Owner's interest is involuntarily transferred to another prior to the Tenant's occupancy of the Property, the Owner shall refund to the Tenant any payments made by the Tenant within sixty (60) days after the transfer.

16. Maintenance of Rental Property
Owner Obligations - Owner is to comply with all applicable housing and building codes and to provide and present the Property in a fit and habitable condition and provide operable smoke detectors.
Tenant/Guest Obligations - In accordance with the NCVRA, the Tenant is to:
• Keep the Property, common areas, and appurtenant areas clean, safe, and sanitary;
• Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner;
• Keep all plumbing fixtures clean;
• Not deliberately or negligently destroy, deface, damage, or remove any part of the Property or render inoperable the smoke detectors;
• Be responsible for all damage, defacement, or removal of any property inside the Property that is in his or her exclusive control;
• Immediately notify The Owner in the event repairs or replacement of smoke detector batteries are needed

Additionally, the Tenant agrees to:
• Leave the Property in the same or better condition as when tenancy began except for
normal wear and tear.
• Be financially responsible for unwarranted or unneeded service calls and service calls
caused by Tenants misuse of the Property.
• Report any and all problems to the Owner immediately or within 24 hours or prior to departure.
• To remove all personal trash, including ashes from grill
• Not to allow any member of their party to walk on, play on, or in any way disrupt the sand dunes of Topsail Island. Each Town has a fine for disturbing the dunes
• Not to enter Owner's private storage spaces.
• To abide by occupancy limits of the Property at all times.

17. Pets
There are no pets allowed in this property, any pets discovered will incur a $500 fine and tenant is responsible for any damages or extra cleaning services.

18. Firearms and Fireworks
Absolutely no Firearms or Fireworks of any kind are allowed at the Property. Please understand that the Tenant will immediately lose their rental rights and be subject to expedited eviction with no refunds of all rental monies if a Firearm or Firework is discovered in the property. Tenant understands and acknowledges that any Firearm or Fireworks found on the Property or left in the Property will be removed by the appropriate authorities, not by the owner

19. Smoking
This property non-smoking. Any extra cleaning due to removing smoke odor will be at the expense of the Tenant plus a $250.00 smoking penalty. Any extra cleaning fees associated with cigarette butts left in the yard or anywhere on the premises will be charged to the Tenant’s credit card on file. Smoking is not permitted on the property.

20. Expedited Eviction
NCVRA 42-A-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 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. If the tenancy
is longer than thirty days, Article 3 of Chapter 42 of the General Statutes applies.

21. Linens and Paper Products
7 night rental include linen with turn down service, which means that all beds will be made for each bed that will be occupied. Bath and kitchen towels will be supplied. The house will have a minimum of 1 full toilet paper roll in each bathroom, two rolls of paper towels, 5 garbage bags, sponge, dish soap, 4 dishwasher pods and 2 washing machine pods. For shorter rentals, fees may be associated with these items.

22. Grills
Fire code dictates there are to be no grills on any decks, near siding and/or under the home.
Tenant should not assume grills are present or permitted at any Property. The Owner is not responsible maintaining or inspecting grills for functionality, cleanliness or safety. If a grill is present, Tenant is responsible for grilling tools and charcoal/lighter fluid and assumes full responsibility for any damages to/from the grill or resulting from use of the grill. Tenant is responsible for cleaning grills provided by owner upon departure.


24. Outdoor Equipment
The Owner is not responsible for the cleaning, maintenance, condition or inspection (for safety or otherwise) of outdoor sports and leisure equipment, such as bicycles, grills, kayaks, boats, beach chairs, tents, fishing poles, crab pots, outdoor games or other equipment provided by the owner for guest use.

25. Property Cargo Elevator
Are not for the use of the tenant, any attempt to bypass locks or safety mechanisms to use elevator will result in an automatic eviction with no refund on any fees paid.

26. Equipment Malfunction / Nuisances
The Owner will make reasonable efforts to respond to deficiencies and malfunctions in the Property and its amenities. Tenant understands and agrees that no refunds, discounts, or transfers will be made for any reason other than those specifically provided for in this Agreement. Additionally, Tenant agrees that no refunds, discounts, or transfers will be granted for the malfunction of any appliance or amenity, inclement weather, mechanical breakdowns, or other adverse circumstances beyond our control. Further examples of circumstances which DO NOT warrant any refund, discount, or alternate Property, etc. include but are not limited to: breakdown of air conditioners or TVs, or other electronics or appliances which malfunction, disruption of use or access to the beach due to nature or construction; presence of insects; disruption of utility services including cable, internet, water, electric satellite; a Property not decorated/accommodated/improved/updated to Tenant's tastes; problems which have not yet been reported The Owner; bad weather; or noisy neighbors. The incidental presence of pests or bugs which do not render the Property unfit or uninhabitable will not present cause for refunds, discounts, or transfers. Tenant agrees to report any and all problems to The Owner as soon as is practical. The Owner agrees to make every effort to resolve the reported problem as quickly as possible, however, cannot guarantee when the problem will be resolved. Speed of service cannot be guaranteed. Tenant understands and agrees that emergency service calls/emails will be returned promptly and that the urgency of any problems and its resolution will be solely determined by the Owner. Calls/emails deemed to effect non-essential services will be returned the following business day.
Tenant understands and agrees that it is the Tenant's responsibility to ensure that all aspects of the Property meet their personal standards prior to confirming the reservation. No refunds, discounts, or transfers will be considered in such cases. Tastes, opinions, standards of living, and other expectations vary greatly from person to person. No refunds will be granted for occasions when actual Property amenities or furnishings are different from those advertised.

27. Errors and Omissions
While the Owner makes every effort to ensure that information published for a Property is current, occasionally we are not fully informed of changes made by the Owners or changes to the Property have not yet been reflected in Property’s advertising. Tenant understands that The Owner will not be held responsible for such changes, omissions or errors relating to the subject Property.

28. Indemnification and Hold Harmless
Tenant agrees to indemnify and hold harmless 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 negligent or willful act of Owner or the Owner, or the failure of Owner to comply with the NCVRA.

29. Controlling Law, Attorney fees and Venue for Disputes
This Agreement shall be governed by the law of the State of North Carolina. In the event of a dispute relating to the terms of this Agreement, the prevailing party will be entitled to recover reasonable attorney fees and the costs of any action, both as determined at the discretion of the court. In the event of a lawsuit or other legal proceeding, all parties agree that such actions shall be held in the General Court of Justice for the State of North Carolina in Pender County.

30. Miscellaneous
The Tenant who signs this Agreement will be the sole contact person in regard to this Agreement and the Tenancy. Such Tenant is responsible for the adherence of all occupants, visitors, or guests of the Tenant to this Agreement.
Tenant shall not assign this Agreement or sublet the Property in whole or part without written permission of the Owner
Tenant agrees that the owner, the Owner or their respective representatives may enter the Property during reasonable hours to inspect the premises and to make repairs.

31. COVID-19
The Tenant acknowledges that The Owner is not responsible for and cannot guarantee that Tenants will not become ill or contract COVID-19 or any other virus or disease while staying at the Property.

32. Credit Card Payment Service Are Provided By Stripe INC


33. Signatures
By my electronic signature, I acknowledge that I have read and agree to abide by the conditions set forth in this rental Agreement and all policies, regulations, and rules set forth by The Owner. I further understand and agree that to breach any items contained within the above referenced documents will result in my eviction without refund. I understand that The Owner has made every effort to provide accurate information, however, in the event of errors, omissions, any changes the Property Owner, I agree not to hold the Property Owner responsible or liable.

Guest Cancellation Policy
Should the Guest have to cancel for any reason, the Guest must notify the owner at info@topresidencesmiamifl.com If the Guest cancels 60 days or more prior to their stay arrival date they shall receive a full refund, it is the guests responsibility to obtain a refund on their travel insurance. If a guest Cancels after 60 days’ notice, they will receive a refund only if a new tenant is secured, they will get their payment after the new tenant has completed their stay, minus a $250 cancellation fee and minus any loss in rental income.
The Owner will send a confirmation email to the Guest that the cancellation notice has been received. Ultimately, the Guest is responsible for verifying the cancellation notification has been received by The Owner It is strongly advised that Guests purchase Red Sky Travel Insurance to protect their vacation investment.

Guest Responsibilities Before Check Out
• Clean all kitchen ware and appliances such as coffee makers, instapots, air fryer, return them to original place
• Return any items that were moved to their original place.
• Remove all personal trash, including bathroom trash, dryer vent, and grill ashes.
• Put Trash Cans on Curbs for Pick Up at the end of stay
• Collect all linens provided at check in (accept mattress covers), place in laundry bag for Linen pick up. These will include, kitchen and bathroom towels, top sheets, fitted sheets and pillowcases.
• Remove all food items
• Set thermostat to 78 when the A/C is in use and 60 when the heat is in use. The owner may send you a message to specify during autumn and spring months.


Guests will be charged for extra cleaning fees if the house is found to be excessively dirty requiring extra housecleaning services. If there is evidence that there was a pet in the house or if there is excessive smell from cooking, smoking, vaping, odorous items brought into the house that cannot be eliminated by opening windows and turning on fans, an environmental cleaning company will be called to provide a cleaning at the tenant’s expense. It is not expected that the tenants will clean the house as the cleaning fee is included in the rental, but excessive filth, damage, time do the tasks the tenants were responsible for will be charged. An invoice and pictures will be provided where applicable. Refunds or prorated rental fees will not be given for housekeeping issues, housekeeping or maintenance will be sent to fix the problem. Tenants should take the time to inspect the house for cleanliness at time of check in and report concerns within 2 hours of check in. Any concerns after 6pm will be addressed the next day unless it is a safety issue.

I agree that my electronic signature is an agreement to allow the owner to charge my credit card for rental fees and extra fees associated with my stay.

I acknowledge that The Owner has offered to purchase at my expense Travel Insurance and tby not accepting this offer I am not qualified for a refund due to travel conflicts, illness or weather-related issues from The Owner. If I would like the Owner to purchase the insurance, I will send them an email in writing to info@topresidencesmiamifl.com with the subject, please purchase travel insurance and the dates of your stay. I will provide this request no less than 14 days before my check in date. If after 14 days, the tenant must be available for a phone call with immediate payment for travel insurance. An invoice will be sent to you for the cost, and you will only have travel insurance if you pay the invoice. It is the tenants' responsibility to verify that The Owner has received their request.