1. Termination
The Landlord has the right to inspect the premises and complete necessary repairs with prior notice as stated. Should the Tenant violate any of the terms of this agreement, the rental period shall be terminated immediately in accordance with applicable law. The Tenants waive all rights to process if they fail to vacate the premises upon termination of the rental period. The Tenants shall vacate the premises at the expiration time and date of this agreement.
2. Maintenance and Repairs
The Tenants shall maintain the premises in a good, clean, and ready to rent condition, and use the premises only in a careful and lawful manner. Tenants shall pay for maintenance and repairs should the premises be left in a lesser condition. The tenants agree that the Landlord shall deduct costs of said services from the security deposit prior to refund if tenants cause damage to the premises or its furnishings.
3. Damage Deposit
Tenant agrees to pay the Damage Deposit noted above to Keem Caloma Properties who shall hold and apply it as follows: (i) To pay for excessive cleaning and repair of damage to the Residence or grounds caused by Tenant or Tenant’s guests, (ii) return any balance after deduction of amounts to pay the foregoing costs no later than fourteen (14) days after the end of the Term, together with an itemized list of damages, repairs and other costs deducted, or (iii) return the Damage Deposit to Tenant if Owner fails to deliver the required detail of costs and damages within fourteen (14) days after the end of the Term, in which event Owner shall then collect sums due it directly from Tenant. Said deposit is not to be considered prepaid rent nor shall damages or claims (if any) be limited to the amount of said deposit.
4. Owner Sale / Right to Cancel
Owner reserves the right to cancel this Agreement in the event the Property is sold, provided that written notice of cancellation is given to Tenant no less than sixty (60) days prior to the start of the Rental Period. If Owner elects to cancel under this paragraph, Tenant shall receive a full refund of all amounts paid, and such refund shall be Tenant’s sole and exclusive remedy. Tenant waives all other claims, damages, consequential losses, or costs arising from such cancellation.
5. House Rules
Tenant agrees to abide by the house rules at all times while at the property and shall cause all members of the rental party and anyone else Tenant permits on the property to abide by such rules rules at all times while at the property.
6. Trash
The Tenants shall dispose of all waste material generated during the rental period in the designated garbage and recycling area. Nantucket has strict recycling policies and the details will be posted on a document in your kitchen area.
7. Subletting
The Tenant shall not have the right to sublet the property.
8. Quiet Enjoyment
Nantucket has a quiet ordinance that starts at 10:00 pm each day. The Tenants shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. The Tenants shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement and Tenants shall then immediately vacate the premises.
9. Landlord’s Liability
The Tenants and Tenants’ Guests shall hereby indemnify and hold harmless the Landlord against any and all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Tenants expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Tenants, and that Tenants should purchase their own insurance for Tenants and Guests if such coverage is desired.
10. Attorney’s Fees
Tenants agree to pay all reasonable costs, attorney’s fees and expenses that shall be made or incurred by Landlord enforcing this agreement.
11. Pets
No animals or pets shall be kept in or at the Residence without Owner’s prior written consent obtained in advance.
12. Use of Property
Tenants expressly acknowledge and agree that this Agreement is for transient occupancy of the Property, and that Tenants do not intend to make the property a residence or household nor will it be used for commercial purposes.
13. Shortened Stays and Conditions
There shall be no refunds of rents due to shortened stays or ruined expectations because of weather conditions.
14. Showings
If the property should go on the MARKET FOR SALE, it may be shown to qualified buyers during the Tenant’s stay. Every effort will be made to schedule the showing at a convenient time and not interrupt the Tenant’s term. Tenant shall allow reasonable viewings of the home between 9 am and 8 PM (local time) whether they may be present or not.
15. Firearms and Hazardous Materials
Firearms shall not be allowed on the premises. Tenant agrees that Fireworks and other hazardous materials shall not be used in or around the property.
16. Casualty Or Taking
If the Residence or a substantial part of it is damaged by fire, or any cause beyond the parties’ control, or taken by eminent domain, such that it cannot be occupied and used for the purpose intended by this Lease, then either Owner or Tenant may in writing terminate this Lease. If the parties decide to not terminate, then a just proportionate and mutually agreed-upon reduction of rent shall be made. If the Lease is terminated under this Paragraph 15, all Rent shall be returned to Tenant and Owner shall be responsible to reimburse Tenant for the leasing commission.
17. Illegal Use
Tenant shall use the property for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc. shall cause termination of this agreement with no refund of rents or deposits.
18. Possessions
Valuable items left behind by tenant will be held for the tenant and every reasonable effort will be made to contact the tenant for return. If items are not claimed for longer than 15 days they shall become the property of the Landlord. The Landlord shall not be held liable for condition of said items.
19. Cable TV
Cable TV is provided and service level has been chosen by the Landlord. No refund of rents shall be given for outages, content, lack of content, or personal preferences with regard to cable TV service.
20. Internet
High speed wireless internet is provided as a convenience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.
