SHORT-TERM LEASE AGREEMENT
This Short-Term Lease Agreement (hereinafter “Agreement”) is entered into and made effective as of the dates, property locations, properties, and other information as provided to Lessor from a short term rental web site (“STL Information”) such as AirBnB, VRBO, coyotecountrytx.com or other similar listing and brokering site (“STL Site”) by and be between the following parties: BearMar Marketing LLC and its agents (hereinafter referred to as “Lessor”), having an address at Suite G, Richland Springs, TX 76871 and following Guest (hereinafter referred to as “Guest”) whose information was provided by STL Site and that the Guest warrants to be accurate and without defect or omission.
For purposes of convenience, the following party is also authorized to manage the Property and act on Lessor’s behalf: Sheri or Marlan Winter (“Authorized Party”)
Such Authorized Party may be considered to act in place of Lessor for the purposes of this Agreement, where required or permitted.
Lessor and Guest may collectively be referred to as the “Parties.”
In consideration of the obligations and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do contract and agree as follows:
Article 1 – GRANT OF LEASE
Lessor hereby leases unto Guest, and Guest hereby rents from Lessor, the real property located at the address or property as fully indicated in the STL Information by the STL Site (hereinafter referred to as “Property”).
The property is furnished and includes the amenities, furniture, appliances, and services more or less depicted in the STL Site listing.
The Parties hereby contract with each other to lease the Property based on the terms and conditions contained herein.
Article 2 – TERM OF LEASE
This Agreement shall begin on the check-in date indicated the STL Information (hereinafter referred to as the “Check-In Date”) and end on the check-out date in the STL Information (hereinafter referred to as the “Check-Out Date”). The time period of the Check-In Date to the Check-Out date shall hereinafter be referred to as the “Term.”
Guest must vacate the Property by the Check-Out Date, unless Lessor and Guest mutually agree by a change or modification in the STL Site’s STL Information and therefore the Term of Guest’s rental of the Property.
Guest agrees that if the Term as indicated in the STL Information receives a discounted rate, but then vacates the property early, then the discounted rate will not apply for the amount of days actually stayed. The Guest can choose to use a rate for the actual days stayed and receive a refund or to forgo any refund. Lessor may lease the unused days regardless of the Guest’s decision.
Article 3 – MINIMUM STAY
Renting this Property requires a minimum stay as programmed into the listing on the STL Site (hereinafter “Minimum Stay Amount”). Longer minimum stays may be required during holiday periods. If Guest desires to take the rental for less than the Minimum Stay Amount, Guest will be charged for the entire Minimum Stay Amount rather than the actual number of days Guest stays.
Article 4 – RENTAL RULES
Guest agrees to abide by the rental rules listed on any STL Site for this Property (hereinafter “Rental Rules”) at all times during Guest’s stay at the Property. Guest shall also ensure that any person Guest permits on the Property shall also abide by the rental rules. If ever there is a conflict between the Rental Rules or this Agreement, this Agreement shall prevail.
Article 5 – RENTAL RATES & FEES
SECURITY DEPOSIT: A security deposit (hereinafter “Security Deposit”) of the following amount is required only if the STL Site requires it.
Provided there are no necessary deductions made due to damage to the property or furnishings, excessive dirt or any other mess requiring extra cleaning, or any other cost incurred by Lessor due to Guest’s stay, the security deposit will be refunded within the 3 days after the Check-Out Date or what the STL Site terms and conditions state. If such deductions are necessary, Lessor will send Guest an itemized list, describing the charges, and return any Security Deposit amount leftover, if any amount is leftover.
Guest shall be required to pay the following rental fee per night in advance per the STL Site’s listing for the Property. The STL Site’s rules for return of pre-paid fees shall govern.
Rental fees will be due per STL Site’s terms and conditions.
Article 6 – INSURANCE
Lessor is not liable to Guest or any of Guest’s invitees, licensees, and/or guests for any damages not proximately caused by Lessor and Lessor will not compensate Guest or any other person for damages proximately caused by any other source, including acts of God and nature. Guest is therefore required to purchase insurance to protect Guest, Guest’s personal property and any person on the Property for Guest. If Lessor provides warning of any hazards Guest agrees that Lessor cannot be held liable.
Guest is required to maintain health, liability, and accident insurance during the course of Guest’s stay.
Article 7 – ACCESS
Under the terms of this Agreement, access to the Property by Lessor may be undertaken as follows:
A) The Guest shall not unreasonably withhold consent to the Lessor to enter the dwelling unit from time to time in order to inspect the Property; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
B) Lessor may enter the dwelling unit at any time for the protection or preservation of the Property. Lessor may enter the dwelling unit upon reasonable notice to the Guest and at a reasonable time for the purpose of repair of the Property. ‘Reasonable notice’ for the purpose of repair is notice given at least 24 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. Lessor may enter the dwelling unit when necessary for the further purposes set forth above under any of the following circumstances:
I) With the consent of the Guest
II) In case of emergency
III) When the Guest unreasonably withholds consent
C) The Lessor shall not abuse the right of access nor use it to harass the Guest.
Article 8 – TERMINATION
Should Guest violate any of the terms of this Agreement, Lessor shall be able to terminate the Parties’ relationship and this Agreement immediately and without notice. Guest waives any and all rights under this Agreement upon any violation or breach. Guest shall vacate the Property immediately upon Lessor’s request. If Lessor finds any damage to the Property, which amounts to a monetary cost of more than any given security deposit or rental fees, Lessor shall be permitted to seek all legal avenues for recovery.
Additionally, Guest may not terminate this Agreement agreement prior to the date of termination denoted herein. If Guest vacates, abandons, or otherwise leaves the Property prior to the agreed-upon Check-Out Date, Guest is still responsible for all payments due until the natural termination of this Agreement on the Check-Out Date. Guest agrees that any action that directly or indirectly reduces Lessors ability to rent or lease the Property via any STL Site causes Lessor damages and that Lessor may seek remedies to recover those damages. Lessor may terminate this Agreement for any reason by giving Guest 5 (five) days written notice or another time period which is reasonable under the circumstances of the rental.
Article 9 – MAINTENANCE & REPAIR
Guest shall maintain the Property in a good and clean manner and use the premises lawfully. Guest shall leave the Property the way Guest found it at the beginning of this Agreement, with the exception that laundry, dishes, and ordinary usage are the responsibility of the Lessor. If Guest has left the Property in any way that requires additional maintenance and/or repairs, Guest hereby agrees to pay for such maintenance or repairs. Additionally, Guest agrees that if there is any delay in everyday maintenance or repairs for reasons beyond Lessor’s control during the term of this Agreement, this shall have no effect on Guest’s obligations under this lease.
Article 10 – ADDITIONAL GUESTS
Guest may be permitted to have additional overnight visitors to the Property, but is required to obtain permission from Lessor prior to any stays. An additional monetary amount may also be charged.
Article 11 – PERMITTED USES
The Property shall be used and occupied solely as a short term rental similar to a hotel or motel. Guest may not take any actions that can be inferred as intending to stay past the dates indicated the STL Information.
Article 12 – PET POLICY
The pet policy for the Property is what was provided in the corresponding STL Site’s Property listing. Policies from a specific STL Site cannot inform or be used on another STL Site. For example, an STL Site from brand A policy cannot be used if you leased the Property through STL Site brand V. If you use STL Site brand V to lease the Property, then you agree that you are bound by the STL Site brand V policies. This apples to this agreement in its entirety.
Article 13 – SMOKING
The smoking policy for the Property is as follows: Smoking is not allowed under any circumstances. The parties agree that the fee for smoking on the Property is $5,000 which does not represent all the possible unrecoverable damages that smoking causes – such as reduced Property value.
Article 14 – TRASH
Guests shall dispose of trash in the following place and manner: Use only kitchen garbage bags (provided) and place on the back deck or patio. If more kitchen bags are needed, Guest shall request more.
Article 15 – SHORT-TERM SUB-RENTAL
Guest is not permitted to place the Property up for any short-term rental, including through online vacation rental sites.
Article 16 – USE OF PROPERTY
Guest hereby expressly acknowledges and agrees that this Agreement is only for transient occupancy of the Property, and Guest does not intend to, nor is Guest permitted to, make the Property a residence or permanent household.
Article 17 – FIREARMS
Guest is not permitted to have any firearms or other flammable or hazardous materials on the property, such as fireworks.
Article 18 – ILLEGAL USE
Guest shall not use the Property for any illegal purpose, including but not limited to illegal drug use, harboring a fugitive, prostitution, or abuse of any person or animal. If Guest is found to be engaging in any illegal activities on the Property, this shall be cause for immediate termination of this Agreement. Guest additionally agrees that Guest will seek no recovery of paid fees due to illegal uses.
Article 19 -FIRE ALARMS
If Guest notices any deficient activity, such as beeping, from any fire alarm on the Property, Guest shall notify Lessor immediately. Otherwise, Guest shall not tamper with any fire alarms or smoke detectors on the Property.
Article 20 – SHORTENED STAY
Lessor shall not be responsible for any shortened stay of Guest, including by reason of bad weather or other frustration of Guest’s particular purpose. Guest shall continue to make payment until the agreed-upon Check-Out Date in this Agreement. Guest shall not seek recovery of pre-paid fees.
Article 21 -TELEPHONE USAGE
The Property is not equipped with a telephone.
Article 22 – INTERNET
Access to the Internet has been provided in the Property as a courtesy and convenience for Guest. Guest hereby acknowledges and agrees that internet access is not integral to this Agreement. No refund of any payment or fee shall be given in case of Internet outages, speed, or access problems.
Article 23 – COOKING
Guest may only cook in the areas that are designated as such, such as a specific kitchen area. Guest is not permitted to create or maintain any open fires.
Article 24 – LOCKS
Guest shall not alter or replace any locks on the Property without the written consent of Lessor. Guest shall also not add any new locks on the Property without the consent of Lessor. If Guest installs any additional locks (with Lessor’s consent), the locks shall stay on the Property at the expiration of the Agreement and will become part of Lessor’s Property.
Article 25 – HAZARDOUS MATERIALS
Guest agrees not to keep any hazardous item on the Property, whether chemically dangerous or otherwise lethal or that might be considered hazardous by any legitimate insurance company.
Article 26 – UTILITIES
Lessor shall be responsible for arranging and paying for all utilities.
Article 27 – QUIET ENJOYMENT
Lessor hereby acknowledges and agrees that so long as Guest pays timely fees and continues to perform his or her obligations under this Agreement, Lessor will not interfere with Guest’s peaceful use and quiet enjoyment of the Property.
Article 28 -HABITABILITY
The Property will be made available in a condition permitting habitation, with reasonable safety.
Article 29 – ALTERATIONS & IMPROVEMENTS
Guest shall not make any alterations, additions or improvements or do any type of construction to the Property.
Article 30 -ASSIGNMENT & SUBLETTING
Guest is not permitted to assign or sublet this Agreement without the prior written consent of Lessor. Guest may also not grant any license to use the Property or any part of the Property without the prior written consent of the Lessor. If Lessor consents to any one assignment, sublet or license, this shall not be deemed a consent to any subsequent such request. Any assignment, sublet or license without Lessor’s prior written approval shall be null and void and shall, if Lessor chooses, terminate this Agreement.
Article 31 – INDEMNIFICATION
Lessor shall not be liable for any damage or injury to Guest or Guest’s invitees, licensees or other guests on or in the Property and Guest hereby agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of every kind and nature. Additionally this indemnity shall extend to all agents and assigns of the Lessor.
Article 32 -MATERIALITY OF REPRESENTATIONS ON APPLICATION
Any and all representations made by Guest on any Application For Rental of the Property (or similarly-titled and applicable document) are understood by the Parties to be material to the grant of this Agreement. Any failure to disclose or lack of truthfulness on such Application may be cause for Lessor to deem Guest in breach of this Agreement.
Article 33 – MODIFICATION
No modification of this Agreement shall be binding upon Lessor unless in writing and signed by Lessor. Modification to any part or sub-part of this Agreement shall have no effect on any other part or sub-part of this Agreement and the remainder of the Agreement shall remain in full force and effect.
Article 34 – HOLDOVER
If Guest does not vacate the Property at the end of the Agreement term or otherwise remains in possession of the Property, a new month-to-month tenancy will be created which will be subject to all the terms and conditions of this Agreement at the current published DAILY non-discounted rate of the STL Site in which this lease was made effective. Such month-to-month tenancy will remain valid until such time as Lessor and Guest, in writing, extend or renew the Agreement for a specific term. If Guest becomes a month-to-month Guest, Guest must give 30 (thirty) days written notice to Lessor of Guest’s intent to surrender the Property. Lessor may terminate such a month-to-month tenancy at any time by serving Guest a written notice of termination or by other means permitted by applicable Texas law. Guest shall vacate the Property at Lessor’s demand.
Article 35 – NOTICE OF INJURIES
If Guest or any of Guest’s invitees, licensees, and/or guests are significantly injured or any of Guest’s personal property is damaged on the Property or in any common area, Guest shall provide written notice to Lessor, to be delivered or sent to the address listed at the head of this Agreement, as soon as possible but in no event later than 5 (five) days after the date of injury or damage. If Guest does not provide such timely notice, this shall be considered a breach of the Agreement.
Article 36 – ITEMS LEFT BEHIND
Any items left behind by Guest will be held for approximately 30 days (“Holding Time”) and a reasonable effort will be made to contact Guest for their return via the STL Information. However, ultimately Lessor is not responsible for these items. If they are not claimed within the Holding Time, Guest forfeits Guest’s right to such items and Lessor shall not be held responsible for any disposal.
Article 37 – LEAD-BASED PAINT
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
Article 38 – REMEDIES
The rights and remedies contained in this Agreement are not exclusive of any other rights and remedies allowed by applicable Texas law and shall be considered cumulative.
Article 39 – SEVERABILITY
If any part of sub-part of this agreement is deemed invalid by court order, judgment or other operation of law, the remaining parts and sub-parts of this agreement shall remain valid and enforceable to the fullest extent.
Article 40 – HEIRS AND ASSIGNS
Guest may not transfer or assign this Agreement or any portion of this Agreement to a third party.
Article 41 – NO WAIVER
If Lessor fails to enforce strict performance of any part or sub-part of this Agreement, this shall not be construed as a waiver of Lessor’s right to enforce the same part or sub-part later in time or to enforce any other part or sub-part.
Article 42 – ATTORNEYS’ FEES
Guest agrees to pay reasonable attorneys’ fees and expenses in the event Lessor requires an attorney to collect any payment due under this Agreement or to otherwise enforce any of Guest’s obligations.
Article 43 – GOVERNING LAW
This Agreement is governed, construed, and interpreted by and through the laws of the State of Texas.
Article 44 – NOTICES
Notices given under this Agreement or other applicable Texas law shall be given in writing by and to both parties. The parties agree that email is an acceptable form of written notice. Notices by Guest to Lessor shall not be considered complete until actual receipt by Lessor at the address listed at the head of this Agreement. Lessor or Lessor’s agents, including any property managers, secretaries, or assistants, shall accept demands and/or service of process at the same address. Notices by Lessor to Guest shall be deemed delivered when deposited in the mail to the address of the Property or hand-delivered or placed in the mailbox of Guest at the Property. Notices by Lessor to Guest shall also be deemed delivered if addressed to a last known post office box address of Guest.
Article 45 – COUNTERPARTS
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.