1. LISTING:Landlord represents that Landlord is an Owner of the Unit and is authorized by all additional Owners to sign
this Agreement. Landlord authorizes L&F to find renters for the Unit for the period and at the rates and terms specified on the
Rental Property Sheet attached to this Agreement.
2. EFFECTIVE DATE & AUTOMATIC RENEWAL:This Agreement shall cover the period beginning on the date signed
and ending 12/31/2023. The Agreement will automatically renew on December 31st of each year unless cancelled in writing
by either L&F or Landlord. If the Agreement is terminated, Landlord shall be required to honor all reservations previously
made by L&F where the renter has made an advance deposit.
3. COMMISSIONS & FEES: Landlord agrees to pay L&F a commission on gross rental payments at the rate of 12% of the
total rent paid by Tenant. Landlord agrees that the advertised rate for the Unit may include additional fee(s) payable by the
Tenant to L&F for additional services and therefore, the advertised “rent” may appear to be higher than the actual rent paid to
Landlord. Further, L&F may charge each Tenant a non-refundable processing fee payable to L&F on each period of Tenant
occupancy.
4. DEPOSITS L&F shall require each Tenant to provide a deposit (“Deposit”) to reserve the Unit. Except as prohibited by
applicable law, interest earned on such Deposits shall be paid to L&F. All Deposits shall be non-refundable unless Landlord fails
to comply with the terms of the Listing Agreement. L&F is authorized to refund any deposit, rent, or fee, or any portion thereof,
in the event that, in L&F’s discretion, the Unit is in disrepair, unfit for occupancy, or not adequately furnished. If L&F refunds a
Deposit that has previously been paid to Landlord, L&F may recover that amount from Landlord or from any future funds due to
Landlord.
5. ADVERTISING: Landlord authorizes L&F to display the Unit and details of the Unit online including on L&F’s
website, affiliated web-portals and/or syndicated feeds and, to the extent available, accept on-line reservations or otherwise
advertise the availability of the Unit. Landlord authorizes L&F to display “For Rent” sign on Unit where such is permitted.
6. AVAILABILITY:Landlord agrees to make a good faith effort to keep L&F informed in a timely manner of any
changes in availability as the result of plans for owner use or cooperating broker reservations.
7. LANDLORD STATEMENTS:L&F will process all invoices and pay to Landlord any Deposits or rent payments less any
prior disbursements and, at L&F’s option, any pro rata portion of the commissions earned by L&F by the 15th day or last day of
the month after receipt by L&F of each Deposit or rental payment. Even if payment has been previously sent to Landlord,
rental proceeds are not deemed earned until the occupancy period associated with such rental proceeds has occurred. L&F shall
use reasonable efforts to collect all rental proceeds due for Landlord. L&F shall not be liable to Landlord for rental proceeds
which cannot be collected for any reason, including, but not limited to, credit card chargebacks, bounced checks or fraud. L&F
will submit a complete accounting for all receipts, taxes and disbursements. L&F shall not make any legal demands or undertake
any litigation on behalf of the Landlord.
8. REGULATIONS: Landlord represents that the Unit is in compliance with all local, state and federal regulations pertaining
to the health and safety of occupants of the Unit, including but not limited to obtaining current Mercantile licenses,
providing smoke detectors and suitable water for drinking. Landlord further agrees to promptly take all necessary steps to
comply with changes in these regulations at the expense of the Landlord. L&F is not responsible for insuring that the Unit is in
compliance.
9. COSTS & EXPENSES:Landlord shall be responsible for paying all costs and expenses associated with the operation and
maintenance of the Unit as a vacation rental. Such expenses shall include all income taxes, rental or business licenses, utilities,
trash collections, pest control, hot tub and pool maintenance (if applicable), locksmiths, outside maintenance, including lawn or
yard care, snow removal, property taxes, condo/HOA assessments, mortgage payments, casualty/liability insurance premiums
and other costs associated with the maintenance of the Unit. L&F shall not be responsible for any late payment penalties,
disconnect/reconnect fees, or other charges, incurred by Landlord.
10. MAINTENANCE: L&F is authorized to spend, on Landlord’s behalf, $200.00 to make the Unit habitable, including
reasonable repairs and cleaning, and to deduct said sums from rental payments. Landlord authorizes L&F to replace or repair any
damaged items up to a value of $200.00 at the Landlord’s expense.
11. TERMINATION OF RENTAL: Landlord is responsible for termination of any Lease Agreement in the event
Tenant(s) or invitees engage in objectionable or illegal behavior, or if the Tenant(s) are in breach of the Lease Agreement.
12. INSPECTION: L&F’s acceptance of this Agreement is subject to satisfactory inspection of the Unit within ten (10) days
from the date this Agreement is fully executed and is subject to periodic inspection of the Unit thereafter.
13. FURNISHINGS:For the Unit to be rented successfully as a vacation accommodation, it must contain furnishings,
including, but not limited to appropriate furniture, seating, bedding and kitchen supplies to meet occupancy needs. Landlord
agrees to keep the Unit furnished in an acceptable manner.
14. SALE OF PROPERTY: Landlord shall notify L&F prior to listing of the Unit for Sale. If the Unit is sold, Landlord
recognizes that the Unit shall be conveyed subject to the confirmed reservations already booked and shall notify purchasers of
same prior to the transfer of title to the Unit. If Tenants must be relocated as a result of the sale of the Unit, any
expenses incurred in said relocation shall be the responsibility of the Landlord, along with any and all commissions due.
Upon notification that the Unit is listed for sale, L&F shall provide a Sales Rental Addendum provided by L&F and Landlord
shall incorporate that addendum into their sale of property listing agreement and contract(s) of sale.
15. BEACH TAGS:L & F does NOT encourage or recommend that owners provide beach tags, as beach tags are often lost
or misplaced by tenants thereby causing significant issues with subsequent tenants. L & F advises all tenants that beach tags are
not guaranteed even if the owner references to supplying them. If you plan to provide beach tags, please do so at your own
risk.
16. INSURANCE & LIABILITY:For the Unit to be rented successfully as a vacation accommodation, it must contain furnishings,
including, but not limited to appropriate furniture, seating, bedding and kitchen supplies to meet occupancy needs. Landlord
agrees to keep the Unit furnished in an acceptable manner.
17. LOST RENTALS:In the event the Landlord cancels any reservation for any reason, Landlord agrees to pay L&F for any
commissions L&F has earned for reservations already confirmed that have to be canceled or transferred. Landlord shall refund to
L & F any payment made by the tenant (less any fees or commission collected by L & F which were not sent to the Landlord).
18. CANCELLATION POLICY AND PROCEDURES:
All tenants’ requests to cancel a lease must be made in writing to L & F.
- Cancellation prior to receipt of a fully executed lease: if a tenant notifies L & F of their intention to cancel a lease prior to
the receipt of a fully executed lease signed by the Landlord, the Landlord shall refund to L & F any payment made by the
tenant (less any fees or commission collected by L & F which were not sent to the Landlord) and the reservation shall be
cancelled with no further obligation between the parties.
- Cancellation after receipt of fully executed lease: if a tenant notifies L & F of a need to cancel a lease after the tenant has
received a fully executed copy of the lease from the landlord, any refund will be subject to the property
re-renting at the agreed upon price. Owner will attempt to re-rent the property and the tenant will continue to be
responsible for the full amount of the rental under the terms, conditions, and payments of the lease until at such time the
property is re-rented
- Refunds to the tenant: if the property re-rents at full price, the landlord shall refund the tenant the amount received by the
Landlord (less any commission or other fees collected by L & F which were not sent to the Landlord). If the property is
not re-rented for the full price, the difference will be due from the tenant and/or will be deducted from any payments
received. L & F shall refund the tenant the proportional amount of commission received by L & F based on the refund
amount. No refunds shall be due to tenant until the Landlord has received payment and an executed lease for the
replacement reservation. Please note, if the landlord decides to utilize the property during the timeframe from the
cancelled lease for their own use and does not actively list the week as available leading up to the check-in date, the
landlord agrees to refund the tenant in full.
19. RENOVATION:Before Landlord begins a renovation of the Unit, Landlord will notify L&F of the timeframe that the
Unit will be unavailable (“Construction Period”). Unless the renovation is to cure a dangerous condition in the Unit, the
Construction Period will not occur during the Peak Season. If renovations are not completed during that Construction Period or if
Landlord fails to notify L&F of the Construction Period and reservations are in place, Landlord agrees to pay any expenses L&F
and/or the Tenant may incur due to a relocation of the Tenant.
20. NO PROPERTY MANAGEMENT AGREEMENT:Landlord agrees that L&F shall be responsible only for those
duties to which L&F expressly agrees herein and for no other acts or duties, even if and when L&F may, upon occasion, perform
certain duties not otherwise described or required by this Agreement. L&F is acting as a rental listing broker and has no liability
to Landlord or Tenant for the performance of any term or covenant of a Lease Agreement. L&F is not responsible for any
violations of any applicable codes, rules, laws and regulations respecting the Unit condition.
21. SURVEILLANCE EQUIPMENT:Unless otherwise authorized in writing by a Tenant, Landlord will remove or
disable any video cameras and other surveillance equipment both inside and outside the property prior to any occupancy by a
Tenant. If the Landlord operates any video cameras or other surveillance equipment while the property is unoccupied, Landlord
will post notice of such surveillance in a conspicuous place. Landlord agrees to indemnify and hold L&F harmless against any
loss, claim, civil action, criminal action, or regulatory action related to violations of New Jersey of federal laws related to
privacy or Landlord’s use or placement of surveillance equipment at the property
22. ACKNOWLEDGEMENTS BY LANDLORD: Landlord acknowledges as follows:
- The Unit shall be shown and made available to all persons without regard to race, color, creed, religion, national
origin, sex, familial status, disability, or elderliness or any other protected class, in compliance with all applicable
federal, state and local fair housing laws and regulations
- A “service animal” does not constitute a “pet” under applicable law. Even if Landlord prohibits pets in a Unit,
Landlord acknowledges that Landlord and L&F shall allow any Tenant to rent the Unit with a service animal.
Landlord may not require an additional “pet deposit” for a Tenant with a service animal.
http://www.ada.gov/service_animals_2010.htm
- Landlord acknowledges receipt of the Consumer Information Statement on New Jersey Real Estate Relationships and
has reviewed to Landlord’s satisfaction. Landlord acknowledges that L & F intends to work with Landlord as a
Transaction Broker.
23. ADDITIONAL PROVISIONS: Landlord acknowledges as follows:
- This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation
of any kind preceding the date of this Agreement shall not be binding on either party to this Agreement except to the
extent incorporated in this Agreement. This Agreement may not be modified or changed except in writing signed by
the L&F and Landlord. The rights and obligations of the parties under this Agreement shall not be assignable except
with the prior written consent of the other Parties hereto.
- This Agreement shall inure to the benefit of the parties hereto and shall be binding upon the parties hereto and their
respective heirs, successors, and assigns.
- This Agreement shall be construed as to both validity and performance and enforced in accordance with and governed
by the laws of the state in which the Unit is located.
- If any provision of this Agreement shall be invalid or unenforceable to any extent, the remaining terms, conditions, and
provisions of this Agreement shall not be affected thereby, and each remaining term of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law. If any provision of this Agreement is so broad as to be
unenforceable, such provisions shall be interpreted to be only as broad as is enforceable.
- In case of default by either L&F or Landlord, the defaulting party agrees to pay all expenses, including, but not
limited to, reasonable attorneys’ fees, which may be incurred by the non-defaulting party in attempting to enforce its
rights under this Agreement.
