Rental agreement

AGREEMENT made and entered into this ____day of _______ by and between BEAR BEACH MAINE LLC (hereinafter called “Owner”), acting as an authorized agent of Bear Beach Maine located on Holmes Bay in Cutler, Maine (the subject real estate); and __________, with an address of ___________ hereinafter called “Tenant”.

In consideration of the covenants and agreements herein expressed and of the faithful performance of the Tenant to all covenants and agreements, the Owner does hereby demise and let to the Tenant and the Tenant does hereby rent and take as Tenant the following real estate, Bear Beach Maine, under the following terms and conditions.

Term: The term of this lease shall begin at 4:00 pm on _________, and end at 10:00 am on Saturday, ____________, unless terminated earlier pursuant to the provisions of this lease agreement.

Occupancy: Tenant shall not permit more than ___ occupants and ____ dog to reside on the leased premises for the term of the rental period.

Rent: A rental deposit of 50% of the total funds is due with the signing of this agreement. The balance of the rental fee is due 30 days prior to commencement of the lease in the form of available funds to the Owner. The rental fee is based on the rate of $________ per night plus $_______ cleaning fee and applicable pet fee must be fully paid in advance, or the Tenant will not be granted occupancy for the lease term. The rental rate covers rent plus an exit cleaning at the termination of the lease term. In addition to the rental fee, Maine state lodging tax of ______ will be collected on this rental.

Damage Deposit: At the time of the reservation, the Tenant shall lease with the Owner a valid credit card number, in the form of either a Visa or MasterCard or a separate check for $500, as security for performance by the Tenant of the terms of this lease. The Owner may use, apply, retain or hold any part of the security so deposited to the extent required for the payment of any rent or additional rent or other sum as to which the Tenant is in default or for any sum which the Owner may expend or may be required to expend by reason of the Tenant’s default in respect of any of the terms of this lease, including but not limited to any damages or deficiencies in re-letting the leased property, whether such damages or deficiencies accrued before or after summary proceedings or other reentry by the Owner. In the event that the Tenant shall comply with all of the terms of this lease, the credit card information or check shall be permanently destroyed by the Owner after the date fixed as the end of this lease or after delivery of possession of the leased property to the Owner.

Alterations: No alterations, additions or improvements to the leased property shall be made by the Tenant without the written consent of the Owner. Any alteration, addition or improvement made by the Tenant and any fixtures installed as part thereof shall at the Owner’s option become property of the Owner upon expiration or other sooner termination of this lease; provided, however, that the Owner shall have the right to require the Tenant to remove such fixtures at the Tenant’s cost upon such termination of the lease.

Utilities: Owner shall provide the following standard utility services upon the leased premises: heat, electricity, water, local phone service, internet, and satellite TV. Any other utility services, including long distance or toll charges, or pay-per-view movies, to the extent available shall be at Tenant’s sole cost and expense.

Reimbursement of Default: The Tenant shall pay and indemnify the Owner and Agent against all legal costs and charges, including attorney’s fees lawfully and reasonable incurred in obtaining possession of the leased premises after the default of the Tenant or after the Tenant’s default and surrendering possession on the expiration or earlier termination of the term of this lease or enforcing any covenants of the Tenant herein contained.

Entry and Inspection: The Tenant shall permit the Owner or Property Manager to enter the leased premises at all reasonable times for the purpose of inspecting the leased premises.

Sublease: The Tenant shall not assign, mortgage, or encumber this lease nor sublet nor permit the leased premises or any part thereof to be used by others without the prior written consent of the Owner in each instance. The leased premises shall be used for private residential purposes only.

Pets: Domestic dogs being kept as pets are permitted upon the leased premises under the following conditions:

(a) The security deposit held by the Owner will not be released to the Tenant until after an inspection for pet damage is completed by the Property Manager/Owner at the end of the lease term. A tenant is responsible for any damage done by the pet to the interior and exterior of the building structure and/or contents. The tenant is also responsible for any damage done by the pet to the landscape or grounds of the leased premises. The tenant is also responsible for cleaning up feces left by the pet on the leased premises. Pets shall not be left alone inside the leased residence for more than two continuous hours unless a waiver in writing is granted by the Owner.

(b) All dogs shall be treated to be free of fleas and ticks prior to occupancy under this lease. If fleas or ticks are discovered on the leased premises during the inspection at the end of the lease term, the Tenant’s security deposit shall be forfeited and applied to extermination costs.

(c) A maximum of two dogs shall be allowed on the premises. Failure of Tenant to disclose the accurate number of dogs/pets to Owner will result in loss of security deposit and shall be considered an express breach of lease with immediate removal from property.

Quiet Enjoyment: Tenant shall not maintain sound systems which are clearly audible from neighboring residences or cottages and shall not conduct or permit activities which shall constitute a disturbance of the peace to such neighboring properties.

Fires: Tenants are allowed to have fires in the designated outdoor fire pit area. No other outdoor fires of any kind are permitted on the premises. Use of fireworks of any sort is prohibited on the premises.

Disturbing Wildlife: Tenant shall not harass, injure, or molest wildlife in, on or about the premises. Absolutely no hunting is permitted within the leased premises. Any unlawful activity with respect to wildlife during the lease term by the Tenant, Tenant’s immediate family, guests or invitees shall be an express breach of the terms of the lease.

Garbage: Tenant shall maintain garbage or waste securely contained within receptacles provided by the Owner for this purpose and Tenant shall not cause or allow any littering upon the leased premises.

Cancellation Fee: In the event that Tenant shall withdraw and cancel all or any portion of this lease agreement prior or during the term of the lease, the following charges shall be assessed upon the Tenant:

If the Tenant cancels the lease agreement more than 60 days prior to the commencement date of the lease, the Owner shall return the Tenant’s deposit to the Tenant. If applicable, any service fees paid to a leasing host such as Home Away, VRBO, Airbnb or other host and not refundable to the Tenant and are retained by the leasing host.

If the Tenant shall give notice of cancellation less than 60 days but more than 30 days prior to the commencement date of the lease, Owner shall retain Tenant’s entire rental deposit and shall refund to Tenant other rental fees paid in advance.

If Tenant shall cancel the lease 30 days or less prior to commencement of the lease term or during the lease term, Tenant shall forfeit the entire rental fee, including the rental deposit paid to Owner pursuant to this agreement, which Owner shall retain as liquidated damages.

If the Tenant cancels a long-term lease (three weeks or more) more than 60 days prior to the commencement date of the lease, the Tenant shall forfeit a week’s worth of rental fee.

Indemnity: The Tenants shall, on the last day of the term or upon the sooner termination of the term, peaceably and quietly surrender the leased premises to the Owner, broom clean, in as good condition and repair as it was at the commencement of the term. At the expiration of the term of this lease the Owner may remove any of the Tenant’s remaining individual property then upon the leased premises and dispose of such property in any manner which the Owner may deem appropriate, without liability.

No Smoking Policy: Smoking is prohibited on the interior of the leased property. Any smoking by Tenants or their guests or invitees in the interior of the buildings of the leased property shall constitute and immediate breach of the lease, subjecting the Tenant to immediate forfeiture of leasehold rights and eviction from the leased property. The Owner shall be entitled to apply Tenant’s security deposit to any expenses of removal of Tenant from possession due to breach of this lease as well as the expense of cleaning the leased property, including dry cleaning and repair of property damage or odor caused by smoking.

Termination As a Result of Breach: Tenant covenants and agrees with the Owner that each and every covenant contained in this lease agreement as an obligation of the Tenant shall, if breached, constitute an immediate breach of the entire lease agreement and entitle Owner to terminate the lease forthwith and take such steps to remove Tenant from possession as permitted under Maine law, without any requirement whatsoever that Tenant be allowed to cure of breach of lease. Any offer by Owner to permit Tenant to affect a cure of breach of lease shall not constitute a waiver of Owner’s right to declare a breach and to terminate the lease upon subsequent breach of any of the terms of this lease.

Mediation: Any dispute or claim arising from or relating to the contract or property addressed in this contract shall be submitted to mediation in accordance with the Maine Residential Real Estate Mediation Rules of the American Arbitration Association. This clause shall survive the period of this lease.

Acceptance of Inherent Risks: Because Maine has a rugged and rocky coastline which is subject to substantial tides, the Tenant accepts, as a matter of law, the risks inherent in the use of the rental property and, to that extent, may not maintain an action against or recover from the Owner, Agent, Property Manager or representatives or employees, for any losses, injuries, damage or death that result from the inherent risks of extreme terrain and/or shorefront property. Tenant shall always exercise due caution while on the premises. Owner and its agents shall not be held responsible for any injury to the tenants or guests of the tenants occurring on the property.

Use of Sauna: Tenant accepts the risks inherent in the use of the sauna and, to that extent, may not maintain an action or recover from the Owner, Agent, Property Manager or representatives or employees for any losses, injuries, damage or death that result from use of sauna. Tenant shall exercise due caution while using the sauna. No minors shall use the sauna unless under direct supervision of Tenant. Owner and its agents shall not be held responsible for any injury to the tenants or guests of the tenants resulting for the use of sauna.

Entire Agreement: This lease contains the entire agreement between the parties and shall not be modifies in any manner except by an instrument in writing executed by the parties. If any provision of this lease shall be declared invalid or unenforceable the remainder of this lease shall continue in full force and effect. All prior understandings, terms or conditions are deemed merged with this lease. This lease constitutes a Maine contract and shall be construed and interpreted under Maine law.