Weekly Rental Policies

Tenant(s) acknowledges that they are at least 18 years of age and have the legal capacity to enter into a lease agreement. Not withstanding any other assurance to the contrary, the lease is not legally binding or effective until signed by Tenant(s) and received by Agent along with any necessary supporting documents, administrative fee and deposit for rent, unless reserved online with credit card processed. At anytime prior thereto, this offer to lease may be withdrawn by agent without notice.

Reservation includes Trip Insurance intended to protect tenant’s travel investment in the event of unforeseen circumstances which would cause cancellation. Tenant will be provided with a document detailing the plan which will also serve as Certificate of Insurance and Description of Services. Tenant has 10 days after receiving the Certificate of Insurance and Description of Services to cancel the travel insurance. If tenant chooses to cancel service within ten days, the amount of the insurance premium will be refunded to tenant and/or credited to the balance. AFTER THE 10 DAY PERIOD, THE INSURANCE PREMIUM PAID IS NON-REFUNDABLE. THIS COVERAGE IS OPTIONAL. Coverage will begin 24 hours after your payment is received by Coldwell Banker Resort Realty. A service fee is paid by the insurance provider to Coldwell Banker Resort Realty for administrative and other services performed in the procurement of coverage.

The lease agreement constitutes a contract between the person(s) named and Coldwell Banker Resort Realty as Agent for the landlord to rent the dwelling described.

1.      INSPECTION: It is extremely difficult to describe properties over the telephone. Therefore, we strongly urge each Tenant(s) to personally inspect a property before placing a deposit.  Tenant(s) acknowledges that he has personally inspected the demised property, and accepts it in “as is” condition or if he has not inspected premises, he waives the right to withhold rent for any alleged deficiency in the premises or to otherwise claim that the property has been misrepresented to him either by Landlord or Agent.  Both Tenant(s) and Landlord agree that to the best of their knowledge and belief the premises comply with the statutes, rules and regulations of government authorities.  Tenant(s) agrees that the premises are in good, sound and reliable condition.  If Tenant(s) is not personally acquainted with the condition of the premises, Tenant(s) will immediately make an inspection thereof upon taking occupancy and will immediately notify Agent if he determines any weaknesses that may result in injury to him, or his family and guest(s).  Tenant(s) further agrees to indemnify Coldwell Banker Resort Realty, Agent/and or/Landlord for any injuries, accidental or otherwise, that may be incurred or suffered upon the premises for any cause whatsoever during the term of this lease.

2.      ADVANCE PAYMENT of one-half(1/2) of the rental rate plus Trip Cancellation Insurance, an administrative fee and a signed lease agreement, must be returned to Coldwell Banker Resort Realty within ten (10) days of the date you communicated to agent to reserve the Property unless reserved online which requires immediate lease confirmation by credit card or e-check. When not using the online booking service, if the lease agreement and advance payment are not returned to Coldwell Banker Resort Realty within the allotted time, the reservation will be automatically canceled without notice.  Advance payment may be made by check, credit card or e-check. Credit card and e-check payments will only be accepted by the lease signer. All credit card payments by telephone or mail are subject to a $25.00 convenience fee. We accept Visa or MasterCard.

3.      BALANCE DUE, including taxes, security deposit or non-refundable accidental damage waiver fee, and any and all fees for goods or services as shown on the reverse, must be received by Coldwell Banker Resort Realty 30 days prior to arrival.  If the balance is not received 30 days prior to arrival, Coldwell Banker Resort Realty shall have the right, without further notification, to deem the reservation canceled. No credit cards accepted for final balance payment. A $50.00 handling fee will be charged for all returned checks. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED WITHIN THE 30 DAY PERIOD PRIOR TO CHECK IN. For reservations made less than 30 days from check in, all funds, or TOTAL as shown on front of form are due immediately.  ALL RESERVATIONS MUST BE PAID IN FULL PRIOR TO CHECK IN AND POSSESSION OF THE PREMISES.  Funds received by Coldwell Banker Resort Realty will be processed through its rental escrow account(s). Any interest accruing on this account(s) shall accrue to Coldwell Banker Resort Realty.

4.      TAXES: Taxes as required by the City of Rehoboth, City of Dewey, Lewes, Henlopen Acres, or any other applicable municipality, are charged to the tenants.

5.      PETS/SMOKING: Pets are not permitted in our rental properties unless authorized in writing. Pets on premises will be cause for eviction with no refunds. Additionally, Tenant(s) shall be charged a de-infestation charge of not less than $50.00. Smoking in properties leased as "No Smoking" shall result in a $200.00 fine to tenant. Charges, fines or damage resulting from pets and smoking are not covered by the non-refundable accidental damage waiver fee.

6.      CANCELLATIONS & DEFAULT:  Rental deposits and payments are non-refundable.   Tenant(s) may ask in writing that the property be re-rented so long as the lease is not in default.  Tenant(s) will be required to pay a re-rent fee of 15% of the total rent if said property is re-rented.  If property is not re-rented, the full deposit will be forfeited, and balance of rent is also due and payable.  Landlord is to be paid in full before Tenant is to be paid for any re-rentals. SUBLET: Tenant(s) are not permitted to sublet.  DEFAULT: Time is of the essence on all payments.  If Tenant(s) defaults for 24 hours on any payment or gives Agent a check, draft, or money order which is not immediately collectible, Landlord and or Agent may, without suit, court order, or notice to Tenant(s) re-enter and take possession of the premises or terminate lease if possession has not occurred.  Tenant(s) shall forfeit all monies paid prior to, and in addition, shall be liable for such other damages as may be collected by law.

7.      SECURITY DEPOSIT & DAMAGES: Each property has its own security deposit and damage policy.  Any damage to the property other than normal wear and tear is the responsibility of the Tenant(s).  The Owner or Owner’s cleaning crews will report all damages.  Tenant(s) is liable for any and all damages to the premises, furnishings, equipment and household items therein, which occurred during tenancy.  Excess cleanings for weekly rentals shall be no less than $35.00.  It is expressly understood when a non-refundable accidental damage waiver fee is paid that it will cover reported accidental damages only up to $500.00.  Any damages in excess of $500.00 will be the responsibility of the Tenant. Agent is hereby irrevocably authorized to return any security deposit (less charges) to the tenant whose name first appears on the reverse.

8.      CLEANING: Our goal is to have each weekly property cleaned between 10AM & 2PM.  Because it will occasionally be necessary to clean later than these times, we reserve the right to clean the premises until 6PM on day of check-in.  Tenant agrees to peacefully and without delay surrender the property at the expiration of this lease in as good condition as it was at the commencement, reasonable wear and tear excepted.  All vehicles and tenant possessions must be removed from the property by 10:00 AM on the date of expiration of this lease.

9.      SALES SHOWINGS: In the event that the property is being offered for sale, Tenant(s) may be asked to allow access to the property with reasonable notice, for the purpose of sales showings.

10.    LINENS: Tenant(s) shall furnish bed sheets, towels & blankets.  Pillows, mattress covers and bedspreads are provided.

11.    POOLS AND EQUIPMENT: Properties listing swimming pools or outside hot-tubs will usually have them available from mid June until Labor Day.  Pools and hot-tubs may not be available at all times and cannot be guaranteed. Use of fireplaces is limited to the off-season.  The use of grills on balconies, decks or indoors is strictly prohibited.

12.    SEASONAL TENANT(S): (Memorial Day to Labor Day plus additional days): In the event this is a seasonal rental, a separate Seasonal Rental Lease Addendum containing additional terms, conditions and payment schedules shall be attached hereto and made a part of hereof. Should a conflict exist between the terms of this Residential Lease

         Agreement and the Seasonal Rental Lease Addendum, the Seasonal Rental Lease Addendum shall govern.

13.    POSSESSION:   In the event that the Owner is unable to deliver said Property to Tenant under this lease agreement prior to occupancy because of fire, eminent domain, act of nature, double booking, delay in construction or any other reason whatsoever, Tenant hereby agrees that Agent & Owner’s sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Tenant. Agent shall make such refund promptly.  Pursuant to the terms of this lease, Tenant expressly acknowledges that in no event shall Agent or Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred, as a result of moving, for any damage, destruction or loss.  If Agent is able to relocate Tenant, Tenant agrees to pay any difference in rental amount.

14.    RISKS:   Tenant understands that there are inherent risks associated with any property, including risks associated with any special feature, such as a spa, hot tub, sauna, Jacuzzi, pool, etc.  Tenant certifies that they are thoroughly familiar with how to properly use the premises, including all special features included therein or thereon.  Tenant will be responsible to explain how to use each and every feature of the dwelling to Tenant’s guests. Tenant agrees to defend, indemnify, and hold harmless Landlord & Agent from and against any and all damages, loss, liability or expense including, without limitation, attorney fees and legal costs, suffered directly or by reason of any claim, suit or judgment, brought by or in favor of any person or persons, including without limitation minors, for damage, loss or expense due to, but not limited to, bodily injury and/or property damage sustained by such person or persons which arises out of, is occasioned by, or is in any way attributable to tenant’s use or occupancy of the premises or acts or omissions of Tenant or guests, invitees or licensees of Tenant, including without limitation friends and relatives of Tenant, except to the extent caused by the sole  negligence of Landlord. Tenant further agrees that tenant
is responsible and liable for, and will pay upon request, any damages that occur to the premises or any portion there of due to Tenant’s and/or his guest’s misuse and/or negligent use of the premises or any portion thereof.

15.    NO REFUNDS: Tenant shall not be entitled to any refund or rebate due to acts of nature, delay in check in, unfavorable weather, disruption of utility services (including internet service if applicable), malfunctioning or missing equipment/appliances/furnishings, surrounding construction and associated noise, inconvenience or disturbances due to beach replenishment efforts, empty propane gas cylinders for fireplaces or gas grills or any other situation occurring not under Agent’s control. Agent cannot guarantee that properties leased as “No Smoking” have not previously had smokers or that there does not exist any smell of smoke. Tenant covenants and agrees to vacate upon a mandatory evacuation order or if Agent in Agent’s sole discretion, deems it in the best interest of the tenant to vacate. TRIP CANCELLATION INSURANCE IS HIGHLY RECOMMENDED TO PROTECT AGAINST UNEXPECTED EVENTS.  Tenant shall be responsible for insurance on Tenant's personal property.

16.    DISCLAIMER: Every effort is made to insure that the information in this agreement and Rental Brochure/website is correct. Agent is not responsible for any errors contained therein.

17.    INSPECTION AND REPAIRS to property, its fixtures, appliances, furnishings and facilities during the rental period may be made by Owner, Agent or Agent's representative. In the event a mechanical deficiency in the property is discovered by Tenant, Agent shall have a reasonable time after notice of same to correct said deficiency.  Tenant acknowledges that repairs, refunds, rebates, etc. are at the discretion of the Owner.

18.    OCCUPANCY AND EVICTION: Occupancy is limited to the number on the front of lease. Exceeding the occupancy limit shall be cause for termination of the Lease and Eviction.  EVICTION: In the unlikely event that a Tenant(s) violates community/city ordinances, becomes objectionable to neighbors or creates damages to the leased property, the Agent at his sole discretion may evict Tenant(s) with immediate effect. Only if property is re-rented will the tenant be entitled to a refund minus commission and any additional applicable marketing fees.

19.    AGENCY: Coldwell Banker Resort Realty is acting under Delaware law as a statutory agent for the Landlord(s). The duties of a statutory agent are disclosed in Delaware's Consumer Information Statement (CIS), a copy of which will be provided by the agent to tenant upon request. Agent has no liability to either party for the performance of any terms or covenant of this Agreement. Tenant(s) acknowledge that all properties leased/rented through Broker are privately owned.

SOME OF THE ABOVE ITEMS AND CONDITIONS MAY BE ALTERED ON TENANCIES COVERED BY THE DELAWARE LANDLORD TENANT CODE. LEASES OF 120 DAYS OR LESS ARE CONSIDERED “TRANSIENT LODGINGS” NOT GOVERNED BY THE DELAWARE LANDLORD-TENANT CODE.