24 Replies Latest reply: Sep 11, 2018 11:38 AM by u0999 RSS

    Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.

    lane New Member

      I am not a lawyer and starting from scratch to create a boilerplate short term rental contract is super frustrating. I would like to be able to add my specifics to an existing contract.  I see a lot of discussion about contracts and agreements but no actual contracts anywhere. Every time I search for it, the link just leads right back to the home page for Community.

       

      I have my first guest arriving tomorrow.  I see on the 'payable to you' section of the information from VRBO: "Your rental agreement was accepted". WHAT RENTAL AGREEMENT? I cannot find the information about this. Also, I was not aware VRBO does not verify government ID's with guests and now I'm about to have a guest whom I know NOTHING about. I didn't realize this platform was going to be so confusing and difficult to navigate. Can anyone talk me down off the ledge?

        • Re: Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.
          homeaway_community_manager HomeAway Employee

          Hi lane,

           

          The sample rental agreement that used to be published here has been removed from the site and is no longer available to the public.  If you search on Google for "short term vacation rental agreement" a whole page of options appears.

           

          As for your question about what rental agreement?  When a traveler requests to book and/or  makes a payment, there's a check box they must check saying they agree to your rental agreement. If you don't have a rental agreement uploaded, then they are essentially agreeing to nothing.

           

          Here's info on why you should have a rental agreement.

           

          Here's info on what to include in a rental agreement.

           

          Here's more info on how to upload a rental agreement once you complete/create one

           

          Finally, there are a lot of very experienced owners here. Perhaps one of them would be willing to share their agreement with you.

           

          Thanks!

           

          Erinn

          HomeAway Community Manager

          • Re: Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.
            margaret CommunityAmbassador

            Rental agreements are state specific due to each state having their own set of laws. I would suggest you google short term rental agreements in your state or go to the website of a local property management company and look for their RA . Also an attorney can create a RA for you of you are willing to spend the money.

            • Re: Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.
              db.meyer Senior Contributor

              It's too late for forcing your arriving guest to sign and agree to a written rental agreement and rules, although you can always try if you are able to write one before then.  You should be able to find many sample agreements if you do a google search on vacation rental agreement. As rules and regs vary by location, you will want to have a local expert or attorney review your agreement.  In the meantime, here is the rental agreement that large property manager Vacasa includes as a link to their listings on HA/VRBO to give you some ideas (note I have not reviewed this to give you my opinion on it):

               

              • Re: Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.
                bobbie32 Premier Contributor

                There are many rental agreements right before your eyes.  Pretend that you are booking one of your competition's houses thru HA/VRBO.  As I remember, you do not need to enter cc info until you see the rental agreement.  So it is just info.  And it is good to see what your competition uses for their RA.  You can browse to your heart's content.  Your might want to eventually consult an attorney.  But if you are looking to see what is typically included in the RAs of neighboring properties, go for it.

                 

                I might add that we do not post our rental agreement on the platform.  I send it via email and the guest has 24 hours after receipt of the paperwork to their personal email, to return the signed agreement and photo ID.  You do not need to post the RA online and within the system.  Just make sure you post your procedure within the listing and part of house rules.

                 

                I might also add that due to privacy reasons, I do not keep any reservation records on the platform.  I move everything off the platform once the booking is finalized.  And I do not use the hospitality app, for obvious privacy reasons. Been doing it this way for over 20 years - it works!

                 

                Edited...

                • Re: Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.
                  sonenalpmammoth Active Contributor

                  Hi. What I did initially, when I was in your boat, was to go to the website of a medium sized management company in my town and cut and paste theirs. Not ideal, I know but better than nothing and state/locality specific and a good place to start.

                  • Re: Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.
                    lane New Member

                    Thanks to everyone for all your responses today!  I think I'm talked down off the ledge (for now. lol) I'm glad to see I'm not the only one that struggles while trying to figure it all out. I've implemented your suggestions and made real headway today so thanks! This is a fantastic community of great people!

                    • Re: Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.
                      ladysoc Contributor

                      I was curious what other homeowners include as provisions in their rental agreements. I am about to meet with my attorney and want to include provisions for the following:

                       

                      1. pets (none and a consequence)

                      2. over occupancy

                      3. late check-out

                      4. security cameras in use on grounds

                      5. refunds

                      6. right to cancel

                       

                      Any others you are using?

                        • Re: Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.
                          ashevillelookout Senior Contributor

                          Maintenance. 

                           

                          MAINTENANCE AND ACCOMMODATIONS: Every effort is made to keep the cabin and its equipment in good working order. The cabin is inspected by our cleaning and maintenance persons prior to every rental. Please notify us or our staff immediately of any difficulty you experience during your stay so that repairs can be made. There will be no refunds or rebates given for inoperable appliances or faulty equipment, unfavorable weather, interruption of utilities, or minor maintenance problems. No rebates will be given for malfunctions of cable equipment or reception that affects the TV or Internet access. Repairs will be made within 24 hours, when possible. Owner has no control over the response time of local utility services. Owner or owner’s agent has the right to enter the premises to inspect and make repairs, with reasonable notice to the Guest.

                          • Re: Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.
                            sonenalpmammoth Active Contributor

                            1. Pets and Service Animals:

                            Well-behaved and friendly pets are welcomed with prior approval by management and with a fee of $200. Guest with pets or service animals must agree to following rules:

                            1. Pets left alone in the condo must be kenneled for their safety, safety of maintenance staff, and to avoid unintentional damage.
                            2. As per ADA requirements, service animals should never be left alone in the condo.
                            3. Pet or service animals are not allowed on the furniture.
                            4. Pet or service animals must be treated for fleas and ticks and be up to date on all vaccinations.  Be aware of local risks to your pet such as wildlife and pests.
                            5. Pet or service animals must be supervised in common areas including the foyers, garage and shared balcony.
                            6. You must clean up your animal’s waste. Leaving waste, even in bags, can attract bears. Always dispose of waste in the bear safe dumpster.

                            Evidence that pet/service animal rules were not followed or evidence of an unauthorized pet/animal in the building will result in fees and/or loss of deposit. Above conditions are the responsibility of the booking guest. Owner, manager and HOA accept no responsibility for injury, illness humans or pets might incur while on the premises.


                            2. Occupancy:

                            Additional guests, above the number stated in your reservation, are not allowed.

                             

                            Refundable Damage  Deposit:

                            • Prior to your stay, your credit card will be authorized for refundable damage deposit of $500.00. Your deposit will be refunded in full provided that: guests do not violate unit rental rules or policies; the unit, lockers, HOA common areas and contents of these areas are left in undamaged/like condition; and all keys, parking permits, garage door openers, locker keys etc. are left in the unit in accordance with check out procedures.
                            • Violations, incidents requiring staff response, and/or damage will incur charges against the security deposit (and possibly additional charges to your credit card in excess of the $500 deposit) as necessary. You hereby agree to secure the unit against any and all damage by you or your guests during the time of your stay, and authorize manager to use your security deposit or credit card for that purpose.

                            3. Check In- Check Out:

                            Check-in is at 4:00 pm | Check-out is at 10:00 am.

                            • Any renter found to be occupying the condo after 10am without authorization will have their security deposit deducted at the rate of $200 per hour or portion of an hour after 10 am.
                            • Any guests found to enter the property prior to 4pm without authorization will have their security deposit deducted at the rate of of $200 per hour or portion of an hour.

                            4.  For safety and security of guests, common areas (garage, balconies, foyers, stairwell, exterior) are monitored by real-time, cloud-hosted video surveillance.


                            5/6. Terms & Conditions:

                            50% of reservation total due at time of booking

                            Remaining balance due 30 days prior to check-in

                            Failure to pay balance due 25 or less days prior check-in will result in cancellation of reservation without refund.

                            A $50 fee will apply for returned checks. Reservation may be cancelled by management without refund.

                            Cancellations:

                            • Full refund if guest cancels more than 30 days prior to check in.
                            • Full refund if guest cancels less than 30 days prior and management is able to re-rent property at the same rate. A fee of $150 will also apply.
                            • Full refund if property becomes unavailable prior to occupancy. Guest agrees to release any claims against manager in that case.
                            • Guest forfeits all payments if guest cancels less than 30 days prior to check and we are not able to re-rent the property.




                            • Re: Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.
                              sunnycs CommunityAmbassador

                              I use an online document processor and on the last page I ask the guest to fill out, sign, and date the agreement.  This includes the names of each guest, contact info including a mailing address, plus an emergency contact person and phone number.  They also must initial and date each page.  I have my cancellation and liability clauses located at the bottom of a page very close to the initials.  After I receive the signed agreement and approve it, I sign and date it.  A copy of a Photo ID is required and that's in the rental agreement too. 

                               

                              Some additional items to consider including:

                              • your house rules
                              • a description of the accomodations - including number and type of beds, utilities, WiFi, appliances, linens, housekeeping available or not, etc
                              • "We advertise in good faith within the limits set by the listing sites we use.  Guest agrees that this agreement is binding in the case of a conflict with the advertised information."  
                              • "We do not give credit for early departures, no shows, or late arrivals. No subletting is allowed." 
                              • "Remember that this is our home so please treat it as if it were your own.  We wish you an enjoyable and relaxing vacation!"

                               

                              If you're in an area that is susceptible to storm cancellations, you may want to include a clause for that.  Even though I haven't enforced this, I have it just in case: 


                              STORMS:  If there is a major storm or hurricane, no refunds will be given unless: 

                               

                              The Governor of South Carolina has ordered a mandatory evacuation for Myrtle Beach

                              Beginning on the day that the authorities order a mandatory evacuation, we will refund the following, less the $175 departure cleaning fee:

                              -Any unused portion of rent from a guest currently registered

                              -Any unused portion of rent from a guest that is scheduled to arrive, and wants to shorten the stay, to come in after the mandatory evacuation is lifted

                              -Any advance rents collected or deposited for a reservation that is scheduled to arrive during the mandatory evacuation period


                               


                               

                            • Re: Please help- I am literally pulling my hair out trying to find a sample RENTAL AGREEMENT I can follow.  Every link for HA agreement goes nowhere.
                              hmmmm Senior Contributor

                              There are no simple rental agreements that will protect you and your property.
                              A rental agreement is vital, so don't take short cuts to make it easy.  Managing and owning a property is not supposed to be simple these days.

                               

                              ITs the only the only protection you have should you need to go to court and even just enforce the contract with the guests.

                               

                              No short cuts.