Sunrise Properties a division of Experience Real Estate
It is understood that Sunrise Properties a division of Experience Real Estate is acting in the capacity of Transaction Facilitator for all lessees.
RHODE ISLAND MANDATORY REAL ESTATE RELATIONSHIP
R.I.G.L. § 5-20.6 allows a real estate broker or salesperson to provide real estate services to you whether you are a buyer, seller, tenant, or landlord. The minimum level of service required by law will depend on the type of relationship that you wish to have with a real estate licensee. These relationships are defined on this form. Although it is not legally required, you may also choose to sign a written contract to further define your relationship. The principal broker of the real estate brokerage or a person designated by him or her must also agree to the type of relationship that you choose to have with the licensee.
TRANSACTION FACILITATOR
A Transaction Facilitator is a real estate licensee who provides assistance to a buyer, seller, tenant, or landlord, or both, in a real estate transaction as a neutral facilitator who does not represent you.
A Transaction Facilitator owes the following duties to you as a customer: to perform agreed upon ministerial acts timely and competently; to perform these acts with honesty, good faith, reasonable skill and care; and properly account for money or property placed in the care and responsibility of the principal broker. A licensee acting as a neutral transaction facilitator does not owe confidentiality or any other fiduciary duties to a customer. A Neutral Transaction Facilitator does not represent you and cannot negotiate on your behalf.
Website Information: All information contained in our website is deemed reliable but is not guaranteed. All of the homes we represent are independently owned. However, we are not responsible for printing errors or changes made by owners in the furnishings or amenities. Prices, amenities, specials, seasons, and/or minimums are subject to change with or without notice.
Cancellation: Upon payment of deposit and/or signing of this agreement, any monies paid are subject to complete forfeiture. If you must cancel, we will need notification in writing or by e-mail as soon as possible. Every effort will be made to re-rent the property. If property is re-rented at the same price, all funds received, less fees charged by AirBnB/VRBO/HOMEAWAY and a 15% cancellation fee, will be refunded. If Sunrise Properties is not able to rebook the cancelled rental period then all funds received will be forfeited and Tenant will be responsible for the full amount of the rental fee as stated in this Lease Agreement. Fees charged by VRBO/HOMEAWAY and AirBnb are non-refundable. Refunds pertaining to COVID 19 will not be issued. This loss may be avoided if Tenant opts to purchase Vacation Rental Insurance.
Damage Waiver/Security Deposit: Our properties are inspected before and after each reservation Tenants agree to pay for any flagrant damage to the units, excessive cleaning required at check-out, missing or damage to the units’ contents, or any other accidental damage to anything within the rental unit during the rental period. Your reservation was either charged $59.00 for a Damage waiver to cover up to $1,500.00 in damage, or we collected a deposit, if any damages are above this then the Renter authorizes any said damage or missing items charged to their credit card identified above.
RESERVATIONS: All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice. Submitting a request does not confirm the reservation. Payments are not processed until signed agreement is received.
ARRIVAL & DEPARTURE: Check-in time is provided on your rental agreement. This time may be delayed should unforeseen circumstances arise. Check-out time is no later than the date and time on your lease agreement. If Early Check and/or Late check out are approved you will get an email confirmation from the reservation team.
PAYMENTS: ALL PAYMENTS ARE NONREFUNDABLE. A valid credit card must be kept on file to reserve a property. Reservation requires two payments, half due at upon lease signature and the remaining balance is due 30 Days before Arrival. Payments will be charged automatically to same credit card used, unless communicated otherwise.
APPROVED TENANTS AND USE: The Premises are for the sole use as a personal vacation residence by Approved Tenants. Reserving Tenant is responsible for any Tenants that use the property during the term of this agreement. Tenant may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than max allowed Tenants, (i) Tenant and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Tenant is in breach of this Agreement; and (iii) Tenant forfeits its right to return of any monies collected.
OCCUPANCY: Approved Tenants are persons who will occupy the Premises. No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. Approved Tenants take full responsibility for all lost or broken items, and any damages to the Property of any kind.
SECURITY DEPOSIT: A Valid Credit Card to be kept on file is required upon Reservation. Your reservation was either charged $60.00 for a Damage waiver to cover up to $1,500.00 in damage, we will collected a deposit, or we will hold a credit card at check in. Should a Security Deposit not be collected or damages cost are above the coverage of the damage waiver or above the amount of deposit, the Credit Card on file will be charged for any of these costs. Tenant hereby grants consent for Sunrise Properties to charge Credit Card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Tenant from property.
CLEANING: Tenant is responsible for cost of this cleaning. Cleaning fee is mandatory and nonrefundable. Should Tenant use and activity require more than regular cleaning services, Tenant will be charged for associated excess costs.
PETS: Pets are NOT allowed unless authorized in rental agreement. If unauthorized pet is discovered on Premises, Tenant will be asked to leave without refund as Tenant will be in breach of this Agreement.
NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Tenant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Tenants may be required to immediately leave the Premises, or be removed from the Premises; (iii) Tenant is in breach of this Agreement.
LOST ITEMS OR LEFT ITEMS: Sunrise Properties a division of EXPERIENCE Real Estate assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Tenant for return. There may be $25.00 handling charge plus shipping costs for any found items returned at Tenant’s request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
MAXIMUM OCCUPANCY: No Tenants in excess of the maximum occupancy specified in the rental agreement shall occupy the property. Breach of this will result in immediate termination of the rental agreement with a forfeiture of the entire rental amounts and or security deposit.
NO PARTIES: All of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or large gatherings. Any disruptive events could result in the eviction and forfeiture of entire rental amount and security deposit.
ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol.
TV/CABLE/INTERNET/SATELLITE: No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
AIR CONDITIONING/HEATING: Most rentals are not equipped with air conditioning, Tenant agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 75. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units.
SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor Sunrise Properties a division of Experience Real Estate shall be liable to Tenant for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Tenant agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
UNFORESEEN OCCURRENCES:Sunrise Properties a division of EXPERIENCE Estate will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommend that Tenant considers travel and/or rental insurance.
MAINTENANCE & REPORTING: Tenant shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Tenant shall immediately notify Management of any problem, malfunction or damage. Tenant shall pay for all repairs or replacements caused by Tenant, excluding ordinary wear and tear. Tenant shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.
TERMINATION OF OCCUPANCY: Upon termination of occupancy, Tenant shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival.
PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Tenant personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Tenant, Tenants or licensees due to any reason other than the condition of the Premises. (ii) Tenant Insurance: Management recommends that Tenant carry or obtain insurance to protect Tenant and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Tenant agrees to indemnify, defend and hold harmless Sunrise Properties a division of Experience Real Estate from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Tenant or licensees or their personal property.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Tenant.
RELEASE: In consideration of the right to visit the home, Tenant agrees to release to the fullest extent allowed by law, Sunrise Properties a division of Experience Real Estate, members, officers, associates, employees, agents, representatives, attorneys, assigns, from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any Tenant identified on this form, or any Tenant or person allowed onto the property during my rental dates as a result of my, my childrens or the Tenants participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Sunrise Properties a division of Experience Real Estate. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.