Weekly Rental Policies
- 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 in writing 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 premise for any cause whatsoever during the term of this lease.
- ADVANCED PAYMENT: 1/2 of the rental rate plus Trip Cancellation Insurance, if Selected, and the Administrative Fee is due immediately upon availability and rate being verified as accurate. After the rental information is verified, deposits are charged immediately there is not a tentative holding period. Once your deposit is charged a confirmation email is sent to confirm that we did receive the required information and your reservation has been processed. Credit cards will only be accepted by the Lease signor. We accept Visa, Master-card, Discover.
- BALANCE DUE: Including taxes, security deposit or optional vacation rental damage protection fee if applicable, and any and all fees for goods or services as shown 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 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 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. Any interest accruing on this account shall accrue to Coldwell Banker Resort Realty.
- TAXES: As required by the City of Rehoboth, Dewey, Lewes, and Henlopen Acres or any other applicable municipality are charged to the tenants.
- 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 "Non Smoking" shall result in a $200 fine to the tenant. Charges, fines or damage resulting from pets or smoking are not covered by the non-refundable accidental damage protection plan.
- CANCELLATIONS & DEFAULT: Rental deposit 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 under 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. In the event Tenant shall violate any provisions of the Agreement resulting in successful legal action by Agent and/or Landlord, Tenant shall reimburse the prevailing party for all attorney fees.
- 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 crew 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 the tenancy. Excess cleanings for weekly rentals shall be no less than $35.00. Agent is hereby irrevocably authorized to return any security deposit (less charges) to the tenant whose name first appears on Page 1 of the Residential Lease Agreement. Agent shall be authorized to charge tenant a $25.00 lock out assistance fee at their discretion.
- 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. Neither Agent or Landlord assumes responsibility for items left by tenant upon vacating.
- 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.
- LINENS: Tenant(s) shall furnish bed sheets, towels & blankets. Pillows, mattress covers and bedspreads are provided.
- POOLS AND EQUIPMENT: Properties listing swimming pools or outside hot-tubs will usually have them available from mid-June until Labor Day. Pool and hot-tubs may not be available at other 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.
- SEASONAL TENANTS: (Memorial Day to Labor Day, plus additional days) In the event this Lease Agreement is for 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 this Residential Lease Agreement and the Seasonal Rental Lease Addendum, the Seasonal Rental Lease Addendum shall govern.
- 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.
- RISKS: Tenant understand that there are inherent risks associated with any property, including risks associated with any special feature, such as spa, hot tub, sauna, Jacuzzi, pool, etc. Tenant certifies that they are thoroughly familiar with how to properly use 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 and his 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 judgement, brought by or in favor of any person or persons, including without limitations 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 attributed 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 thereof due to Tenant’s and/or his guest’s misuse and/or negligent use of the premise or any portion thereof.
- NO REFUNDS: Except otherwise provided herein, 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 Properties listed as “Non Smoking” have not had previous 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 to vacate. TRIP CANCELLATION INSURANCE IS HIGHLY RECOMMENDED TO PROTECT AGAINST UNEXPECTED EVENTS. Tenant shall be responsible for insurance on Tenant's personal property.
- DISCLAIMER: Every effort has been made to insure that the information in this agreement, Rental Brochure and any online advertising including affiliated websites are correct. Agent will not be responsible for any errors contained herein.
- 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 Landlord.
- OCCUPANCY AND EVICTION: Occupancy is limited to the number on Page 1 of the lease agreement. 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 damage 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 prorated refund minus commission and any additional applicable marketing fees.
- AGENCY: Coldwell Banker Resort Realty is acting under Delaware law as statutory agent for the Lessor ('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.
SIGNATURE: Tenant acknowledges they are at least 18 years of age and have the legal capacity to enter into this Lease Agreement. Notwithstanding any assurance to the contrary, this 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. At any time prior thereto, this offer to Lease may be withdrawn by agent without notice.
TRIP INSURANCE: Optional Vacation Interruption Insurance CSA Travel Protection Insurance is available through Coldwell Banker Resort Realty which covers cancellation or interruption of your stay, travel delay, baggage delay, car rental damage, and emergency / medical expense. The plan is optional but we strongly recommend it. Vacation Rental Insurance reimburses for pre-paid, non refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation and force you to incur unplanned expenses. A service fee is paid by the insurance providers to Coldwell Banker Resort Realty for administrative and other services performed in procurement of coverage. For questions concerning travel insurance or to make a claim due to a cancellation, please call CSA directly at 866-999-4018. The insurance premium, 6.95% of the total rent, is non-refundable and non-transferable.
OPTIONAL VACATION RENTAL DAMAGE PROTECTION: (Not available through Coldwell Banker Resort Realty for Residents of New York or Hawaii). As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $1500.00. Any damages that exceed $1500.00 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $1500.00. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy , www.vacationrentalinsurance.com/g20vrd]. The Vacation Rental Damage can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Coldwell Banker Resort Realty any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Coldwell Banker Resort Realty directly if you do not wish to participate in this assignment.
Seasonal Rental Policies
In addition to our Weekly Rental Policies listed above, leases for Seasonal rentals are also required to use our Seasonal Addendum.
All of our rentals are privately owned and some owners have chosen to make their properties available for "Special Events." "Special Events" are events such as, but not limited to, Rehearsal Dinners, Wedding Parties, Bachelorette Parties, Bachelor Parties, Graduation Parties/Beach Week, New Year's Celebrations, Engagement Parties and/or Group Parties of 4 or more unrelated guests. Therefore, some properties may not be available for "Special Events" or during certain "High Risk" periods. Available properties may require modified terms and/or pricing for such rentals. Properties not available for such "Special Events" may require a verified rental history and special terms during certain "High Risk" rental periods.