Vacation Rental Information
Details and policies
Details and policies
Selection and Standards of Rental Homes
All vacation homes rented by Bluewater are furnished and decorated by the individual homeowner according to his/her personal taste. Since the majority of our homes are rented sight unseen, you should do all you can to communicate your expectations and needs prior to your arrival. All of our rental homes have complete interior, exterior, and view photos available online for your inspection. Simply go to a specific rental home’s page and click on “See Additional Photos” to view the entire home. If you need further information about any specific home or condo, we will do our best to assist you.
Don’t Forget to Bring...
All cottages provide the following for at least the maximum occupancy the home allows: Blankets, Pillows, Mattress Pads, Bedspreads, a Vacuum Cleaner, a Plunger, a Mop, a Broom and a Dust Pan.
You need to supply the following:
All kitchens are adequately stocked for everyday meal preparation. You can expect to find the following items for at least the maximum occupancy: a Coffee Maker and a Toaster, Dishes, Glasses, Coffee Mugs, Flatware, Dishes, Pots and Pans and Cooking Utensils. Some cottages provide extra kitchen equipment, but others do not. Extra kitchen items are provided according to the individual homeowner’s preference, not according to the size, location, or price of the cottage. If you are planning special meal preparations you should bring with you such items as: a Blender, a Food Processor, Extra Large or Specialty Pots or Pans, Chef’s Knives, Specialty Cooking Utensils, etc.
Bluewater rental office hours are 8:30 A.M. – 5:00 P.M. seven days a week in the off-season and 8:30 A.M. – 6:00 P.M. seven days a week in the in-season. Our reservation staff is familiar with each cottage and condo and would be happy to answer any questions that you might have.
Reservations for your Crystal Coast vacation can be made in person, by phone, or online. A completed Vacation Rental Agreement (“Agreement”) will be forwarded to you with specific terms & conditions by fax or e-mail. This Agreement will include all possible charges; however, you may elect to decline any “optional” charges by initialing where appropriate on the Agreement. If you agree to the terms of this Agreement, we require the initial payment be made at the time you make a reservation. The Initial Payment includes 1/2 of the rent, the Travel Insurance premium (if purchased.) We accept Visa, MasterCard, Discover and American Express. If your Check-In date is less than 30 days away, full payment is required. If your Check-In date is more than 30 days from the date you make the reservation, only an initial payment is due at that time. The remainder is then due 45 days prior to your arrival date. For customers who do not have access to fax or e-mail, the Agreement will be sent via US Mail to be signed and returned with 7 days; however, your payment is still required at the time you book the reservation. After receipt of your initial payment and signed Agreement, we will send you a confirmation receipt. No further reminder will be mailed. NOTE: For reservations made online, acceptance of Travel Insurance is required. To waive Travel Insurance, please call us to reserve your vacation home.
Linens and Rental Equipment
Bluewater homeowners do not provide bed linens and towels unless otherwise specified. The Bluewater rental department can provide linens and towels and can have all your beds made prior to your arrival! Prices for this service vary with the number of bedrooms in your cottage or condo. We also rent beach chairs, umbrellas, port-a-cribs, roll-away beds, etc. Please refer to our website at Rental Gear & Linens.
Properties with a Private Pool or Hot Tub
POOL &/OR HOT TUB LEASE ADDENDUM TERMS
POOL: Tenant is responsible for the proper care of swimming pool. Pool use is “At Your Own Risk”. It is a parent or guardian’s responsibility to watch children at all times during pool use. Children must not to be left unattended during pool use. No diving into the pool is ever allowed since serious injury, paralysis or even death could occur. Damage to the pool itself due to tenant misuse will result in additional charges.
HOT TUB: Tenant is responsible for proper care of Hot Tub. Suggested Hot Tub occupancy in Instruction Manual must not be exceeded. Hot Tub must be covered when not in use to retain heat. Do not sit on hot tub cover or use it for storage. Damage to cover or Hot Tub due to misuse will result in additional charges. Please do not set Hot Tub thermostat higher than 104 degrees. Due to high temperatures, Hot Tubs are not suitable for small children or pregnant women. Children under legal age should not be left unattended. It is not wise to sit in the Hot Tub longer than 15 minutes at a time.
It is imperative everyone (adults and children) shower before entering the Pool &/or Hot Tub to remove sand and suntan lotion from their feet, hands and body. The Pool &/or Hot Tub is maintained by Bluewater Real Estate. An instruction manual is provided for the Hot Tub. Any questions regarding the safe use and operation of the Pool &/or Hot Tub should be referred to Bluewater Real Estate (252) 354-2323.
Tenant does hereby covenant and agree to defend, indemnify and hold harmless both the owners of subject property and their Agent, Bluewater Real Estate, from and against all liability, loss, damage, claims or actions (including costs and attorney fees) for bodily injury, paralysis or death and/or property damage, to the extent permissible by law, arising out of or in connection with the misuse of Pool &/or Hot Tub.
Properties with a Golf Cart
Golf cart Addendum – Privilege Disclaimer :
I, and my guests, acknowledge that the use of the Golf Cart is “At Our Own Risk.” By entering into a rental contract, we agree to relieve and hold harmless Bluewater Vacation Rental and Real Estate and the Homeowners of subject property for any and all debts which might occur from accidents involving the golf cart. Bluewater Vacation Rental and Real Estate and the Homeowners of subject property are not liable for any damages or bodily harm incurred with guests’ use of golf cart. We understand that there is no insurance of any type on this Golf Cart. We also agree to pay for any damages done to the Golf Cart, itself. Golf Cart must stay in the subdivision where the rental property is located and stay on paved areas only.
Golf Cart Driver must abide by all Stop and Speed Limit signs. Golf carts may not be operated at a speed that is greater than reasonable and prudent under existing conditions and in no circumstances at a speed greater than 20mph.
Reckless driving will result in the revocation of Golf Cart privileges for all rental guests for the entire rental period. Golf carts may not be operated in a careless or reckless manner.
No one under the age of 18 is allowed to operate a golf cart.
Anyone operating a golf cart must have a valid State Issued driver’s license in their possession while operating a golf cart and must comply with all conditions and restrictions on their license.
Golf carts are required to be operated in accordance with all state motor vehicle laws, local traffic laws and local ordinances.
Golf carts may not be used to tow another cart, trailer or vehicle of any kind including a person on roller skates, bicycles, skateboards or other device.
Golf carts are required to yield the right of way to traditional motor vehicles.
Most homeowners do not allow pets anywhere on their property, including on the deck or in the yard. If the homeowner of the property you have rented does allow dogs, it will be stated within the property description and a specified fee will be charged. Please note that “pets” is limited to “dogs only” and, in most cases, no more than 2 dogs are permitted. Cats are never allowed in any property at any time. If you do not notify Agent of a dog on the premises and pay the specified fee, Agent reserves the right to charge your credit card the applicable fee and eviction without refund may apply. Additionally, any guest bringing a pet into a “No Pet” property will be evicted without refund.
Traveler Protection Insurance
Trip Preserver™ by Red Sky Insurance is offered to every guest and is automatically included when you make your reservation. If you decide to decline this coverage, please initial as appropriate on your Vacation Rental Agreement. If you decline the Travel Protection Insurance, Bluewater is under no obligation to refund monies in the event of cancellations (including hurricane evacuations) unless we are able to re-rent the property.
Should you decide to purchase this coverage, you must pay the premium with your initial payment. If you initially decline this insurance, it may still be purchased prior to making the final payment. This insurance coverage not only protects your vacation investment against hurricanes, but also covers other unforeseen circumstances that could cause cancellation of your trip and forfeiture of payments. It even covers some circumstances that might affect other members of your group who would be vacationing with you. If you have any questions regarding specific coverage, please call Red Sky Insurance at (866) 621-2070.
Want to give Trip Preserver a try? You will be honored a Fourteen Day Free Look Period once initially booking your vacation property.
You may cancel coverage under the policy by giving your property manager written notice within the first to occur of the following: (a) 14 days from the Effective Date of Your coverage; or (b) Your Scheduled Departure Date. If You do this, the Company will refund Your premium paid provided You have not filed a claim under the policy.
For more information, click here.
Final Payments for Reservations
Your “balance due” and “due date” will be included on your receipt confirmation. All reservations must be paid in full within 30 days prior to your arrival date (see Paragraph 3 of this Agreement for Cancellation Terms). Final Payment will include the remaining Rent Balance, any rental items (i.e. linens) and taxes. Bluewater Vacation Rentals will place your reservation payments in an interest bearing trust account at BB&T, Cedar Point, NC, with any such interest earned by the Agent. The Tenant agrees to the advance disbursement of rents to the Owner prior to occupancy (not to exceed 50% (fifty percent) of the total rent) and disbursement of fees to Agent to pay for goods, services, or benefits secured for the Tenant prior to occupancy.
Beach Equipment Policy
BEACH ITEMS MUST BE REMOVED NIGHTLY. The town of Emerald Isle has adopted a new ordinance that requires all unattended beach equipment (including shade tents, canopies, volleyball nets, chairs, umbrellas, etc) be removed from the beach each night. All unattended items left on the beach between 7pm and 8am are now illegal and will be confiscated and removed by town staff.
Partial Week or Additional Day Rentals
Most vacation homes are available to rent for less than a full week. Full week rentals have first priority and partial week (2- or 3-night minimums) or additional day rentals cannot be made more than seven days in advance during the summer season. The nightly rate for partial week rentals is calculated by dividing the weekly rate by 4. Therefore, if you stay for 4 or more days, the cost will be the normal weekly rate. Travel Insurance rates are the same for partial week rentals. Partial week rentals must be made by phone, as all Internet reservations are for full weeks only. Please call us to inquire about a nightly stay.
Should you have to cancel your reservation for any reason, please notify us immediately in writing (via fax, US Mail, or e-mail the Accounting Department.) If the property is re-rented for the specified period, monies will be refunded less a $125.00 cancellation fee, any discount required to re-rent the property, and the Travel Insurance premium. Agent reserves the right to automatically cancel your reservation if your payment is not received in full 30 days prior to your arrival date. Failure to cancel in writing may result in the final payment being charged to your credit card.
Check-In / Check-Out Procedures
Emerald Isle Office: Check-in time is from 3:00 P.M. to 5:00 P.M. off-season and from 3:00 P.M. to 6:00 P.M. in-season at the Bluewater rental office located at 200 Mangrove Drive. You may contact this office at (252) 354-2323 or (800) 367-3381.
Atlantic Beach Office: Check-in time is from 3:00 P.M. to 5:00 P.M. off-season and from 3:00 P.M. to 6:00 P.M. in-season at the BluewateR rental office located at 610 Atlantic Beach Causeway Road. You may contact this office at (252) 726-3105 or (866) 467-3105.
Check-out is no later than 10:00 A.M. Key packages are to be returned to the same location where they were picked up. We also have a drop slot in the front window for early check-outs. Please note that Agent will not let you into a home that is not ready. Tenant shall not be at the rental property prior to Check-in. No occupancy of the property, including driveways, pools, or outside showers will be allowed prior to check-in or after Check-out.
Next Year’s Reservations
Bluewater Vacation Rentals strives to have you return year after year. Tentative Advance Reservations will be accepted for the following year, but cannot be guaranteed. This year’s guests have priority for the same cottage/condo for the same week(s) next year, assuming that the homeowner makes the property available; however, you must book your reservation for next year by your respective check-out date. Please contact our office for further details.
* We are not responsible for personal items. If you request, items turned in by housekeeping will be returned to you via COD with a $25.00 processing fee included. Unclaimed items are donated to charity after 30 days.
Lost and Found
Bluewater is not responsible for personal items left behind; however, we will make every effort to locate the lost item. You can report your lost item here or email your request to email@example.com. Please use the property name you stayed as your lost location. If we find your item(s), and you request them to be returned, please note that we require you to provide Bluewater with a credit card to cover the cost of UPS Ground shipping. Expedited and/or insured delivery is an additional charge. Bluewater provides the Lost and Found Service as a courtesy; however we do reserve the right to charge a fee up to and including $50 for additional services required to retrieve your item(s).
Upon arrival to your rental home, please notify us immediately if you are not satisfied with the cleanliness. We will send a Bluewater housekeeping person to address the cleaning deficit. If Bluewater has not heard to the contrary within one hour of check-in, we assume that you have found your rental home in acceptable condition. No discounts will be given at a later point for lack of cleanliness.
Each Bluewater rental property has a “Guest Guide” that addresses general maintenance concerns. Specific issues are posted on the refrigerator to address things peculiar to your vacation home.
All efforts will be made to expedite repair, but no refunds will be made for mechanical failures of appliances and/or electronics or interruption and/or loss of utilities (including Cable TV). Please also report any inoperative and/or missing equipment to our maintenance department.
For routine maintenance problems during business hours, please call 252-354-6128 between 8:30 A.M. – 5:00 P.M. in the off-season and 8:30 A.M. – 6:00 P.M. in the in-season. For emergencies only after hours, call 252-354-2323 and follow the prompts. Remember, Bluewater-authorized repairmen have the legal right to enter your rental home as required to accomplish needed repairs.
Mail, Delivery and Telephone Services
If you are receiving mail, Fed Ex, or UPS during your vacation, you should have it sent to Bluewater Vacation Rentals, 200 Mangrove Drive, Emerald Isle, NC 28594. Please make sure to tell the sender to put the name of your rental home on the address label. Do not have anything sent to your rental home or condo, as there are no mailboxes available.
Not all vacation homes have local phone service, if they do, remember to provide the phone number of your vacation home, as well as the phone number for Bluewater Vacation Rentals, to family or friends. Where available, you will find the phone number of your rental home on your Vacation Rental Agreement.
There is a long distance phone block on all rental home phones; therefore, it is necessary to use a credit card or phone card when calling long distance. Local calls are free.
Occasionally, a rental property may go on the market for sale. In such case, we reserve the right to show the property to qualified buyers. We will make every effort to schedule the showing at a convenient time and to avoid interrupting your vacation. Your cooperation is appreciated. If your rental property is sold within 180 days of your rental departure date, your lease will be enforced. If the property is sold more than 180 days from your departure date and is no longer offered for rent, we will make every effort to accommodate your needs or refund your money.
We can’t wait to welcome you back! Tentative Advance Reservations will be accepted for the following year, but are not be guaranteed. This year’s guests have priority for the same home for the same week(s) next year, assuming that the homeowner makes the property available. In order to claim booking priority, you must book your reservation for next year before check-out.
You’ve been planning this vacation since it was cold enough to see your breath, and just before you leave, your child comes down with a nasty fever. Or maybe your company has decided to transfer you to the new West Coast office. Or more likely, you’ve been keeping an eye on a storm over the Atlantic, and it’s starting to look like your plans are going to intersect.
Fortunately for you, Trip Preserver™ vacation rental insurance can reimburse you for the nonrefundable deposits and other costs you’ve incurred.
Trip Preserver™ vacation rental insurance offers generous liability limits, including up to $100,000 reimbursement for rental costs, $200 per day ($750 maximum) for expenses related to a trip delay (such as hotel accommodations) up to $25,000 emergency medical coverage, and $400 baggage delay coverage (to help cover the cost of replacing the clothing in delayed baggage).
Trip Preserver™ covers trip cancellation or interruption due to:
Want to give Trip Preserver a try? You will be honored a Fourteen Day Free Look Period once initially booking your vacation property.
You may cancel coverage under the policy by giving your property manager written notice within the first to occur of the following: (a) 14 days from the Effective Date of Your coverage; or (b) Your Scheduled Departure Date. If You do this, the Company will refund Your premium paid provided You have not filed a claim under the policy.
* Click on the link above to download a copy of the policy detail in Adobe PDF format.
A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (NCVRA). THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL. THIS AGREEMENT SHALL NOT BE CONSIDERED BINDING UNTIL SIGNED BY AN AUTHORIZED BLUEWATER AGENT. This Vacation Rental Agreement (“Agreement”) entered by and between Bluewater (“Agent”) for the Owner of the Property referred to hereafter as “Owner” and the undersigned “Tenant”, whether one of more. In consideration of the mutual covenants and conditions herein, the Agent, solely on behalf of the Owner, does hereby lease and rent to the Tenant the Property named here in following terms and conditions in addition to the Confirmation Provisions here and the BluewaterNC.com website.
ADDITIONAL TERMS OF YOUR VACATION RENTAL AGREEMENT for Reservations
15. DECKS, STAIRWAYS & WALKWAYS: Tenant acknowledges and understands that improper use of a deck, stairway or walkway can be very dangerous and must be avoided. Therefore, Tenant hereby accepts and agrees to the following:
a. All Temporary Structures Prohibited. Tenant agrees not to place or use any temporary structure of any type whatsoever on any deck on the Property, including but not limited to any blow-up pool, spa or table.
b. Deck Occupancy Limitations. Use of a deck, stairway or walkway by an excessive number of people, especially groups of people concentrated in a small area, can cause the structure to collapse, resulting in potentially serious injury and even death. Tenant therefore agrees:
c. Immediate Termination. Use of a deck, stairway or walkway in violation of this paragraph shall permit Agent to terminate this Agreement IMMEDIATELY WITHOUT NOTICE.
17. TRANSFER OF THE PROPERTY: If the Owner sells your vacation rental property, this Agreement is valid if the confirmed reservation dates end within 180 days of the sale. If the vacation rental ends after 180 days of the sale, the new Owner has no obligation to honor the terms of this agreement unless he agrees in writing to honor the agreement. If the Owner does not honor the Agreement, Agent will work with Tenant to find a suitable replacement vacation rental property, or the Tenant is entitled to a full refund.
18. INDEMNIFICATON AND HOLD HARMLESS: You agree to indemnify and save harmless the Owner and Agent for any liabilities, theft, damage, cost or expense whatsoever (including but not limited to attorneys’ fees) arising from or related to any claim or litigation which may arise out of or in connection with Your use and occupancy of the Premises including but not limited to any claim or liability for personal injury, damage or theft of property or theft of property or infringement of intellectual property rights (e.g., illegally downloading video, audio or text files via any internet service located at the Premises) which is caused, made, incurred or sustained by You as a result of any case, unless caused by the grossly negligent or willful act of Agent or the Owner, or the failure of Agent or the Owner to comply with the Vacation Rental Act. Neither Agent or Owner are providing any other warranty of any kind, except as otherwise expressly provided herein, whether written or oral, statutory or contractual, express or implied, including, without limitation, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, which are hereby expressly excluded. The terms “Agent” and “Owner” as used in this Agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms “Tenant,” “You,” and “Your” as used in this Agreement shall include Tenant’s heirs, successors, assigns, guests, invitees, representatives and other persons on the Premises during Your occupancy (without regard to whether such persons have authority under this Agreement to be upon the Premises), where the context requires or permits
22. PROPERTIES WITH A GOLF CART: By executing this Vacation Rental Agreement you are agreeing to the terms of the Golf Cart Addendum. For a copy of this Addendum please go to www.bluewaternc.com | VACATION RENTALS HOME PAGE, choose RENTALS and then view under VACATION RENTAL INFORMATION. You may call our office at 800-216-6578 to request a copy be faxed, emailed or mailed to you.
23. PEST CONTROL: Our tropical environment and weather conditions can create inconveniences with bugs. Our owners are required to have Pest Control Service. Should you experience any issues, we can arrange for a service call, PLEASE NOTE: Refunds will NOT be given for Pest Control issues.
24. TAXES: Should any government agency, local, county, state, or federal, change or add a new tax prior to occupancy and required to be collected by Agent, guest will be required to pay prior to occupancy.
25. DISPUTES: This Agreement shall be governed by and interpreted in accordance with the laws of the State Of North Carolina, and shall be treated as though it were executed in the County of Carteret, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Carteret County Superior Court, North Carolina. You specifically consent to such jurisdiction and to extraterritorial service of process. You shall be responsible for all legal fees and court costs incurred by Agent and Owner in the enforcement of their rights or Your obligations under this Agreement.
Your Vacation Rental Agreement is subject to the North Carolina Vacation Rental Act. Highlights of the VRA and application of it to your Agreement with Bluewater Vacation Rentals are as follows (Tenant and Guest are interchangeable terms):
If you are involved in the leasing or managing of vacation rental property or use a real estate agent, you should be aware of the potential legal requirements that apply in your state. For example, in North Carolina, a landlord or real estate broker must execute with the tenant, a vacation rental agreement. You should check the general statutes of your state and/or consult an attorney to determine applicable law as it relates to leasing vacation property. The following is a summary of the North Carolina Vacation Rental Act.
Chapter 42A – Vacation Rental Act
Article 1. Vacation Rentals
42A-1. Title. This Chapter shall be known as the North Carolina Vacation Rental Act. (1999-420, s. 1.)
42A-2. Purpose and scope of act. The General Assembly finds that the growth of the tourism industry in North Carolina has led to a greatly expanded market of privately owned residences that are rented to tourists for vacation, leisure, and recreational purposes. Rental transactions conducted by the owners of these residences or licensed real estate brokers acting on their behalf present unique situations not normally found in the rental of primary residences for long terms, and therefore make it necessary for the General Assembly to enact laws regulating the competing interests of landlords, real estate brokers, and tenants. (1999- 420, s. 1.)
42A-3. Application; exemptions. (a) The provisions of this Chapter shall apply to any person, partnership, corporation, limited liability company, association, or other business entity who acts as a landlord or real estate broker engaged in the rental or management of residential property for vacation rental as defined in this Chapter. (b) The provisions of this Chapter shall not apply to: (1) Lodging provided by hotels, motels, tourist camps, and other places subject to regulation under Chapter 72 of the General Statutes. (2) Rentals to persons temporarily renting a dwelling unit when traveling away from their primary residence for business or employment purposes. (3) Rentals to persons having no other place of primary residence. (4) Rentals for which no more than nominal consideration is given. (1999-420, s. 1.)
42A-4. Definitions. The following definitions apply in this Chapter: (1) Real estate broker. – A real estate broker as defined in G.S. 93A-2(a). (2) Residential property. – An apartment, condominium, single-family home, townhouse, cottage, or other property that is devoted to residential use or occupancy by one or more persons for a definite or indefinite period. (3) Vacation rental. – The rental of residential property for vacation, leisure, or recreation purposes for fewer than 90 days by a person who has a place of permanent residence to which he or she intends to return. (4) Vacation rental agreement. – A written agreement between a landlord or his or her real estate broker and a tenant in which the tenant agrees to rent residential property belonging to the landlord for a vacation rental. (1999-420, s. 1.) Article 2. Vacation Rental Agreements.
42A-10. Written agreement required. (a) A landlord or real estate broker and tenant shall execute a vacation rental agreement for all vacation rentals subject to the provisions of this Chapter. No vacation rental agreement shall be valid and enforceable unless the tenant has accepted the agreement as evidenced by one of the following: (1) The tenant’s signature on the agreement. (2) The tenant’s payment of any monies to the landlord or real estate broker after the tenant’s receipt of the agreement. (3) The tenant’s taking possession of the property after the tenant’s receipt of the agreement. (b) Any real estate broker who executes a vacation rental agreement that does not conform to the provisions of this Chapter or fails to execute a vacation rental agreement shall be guilty of an unfair trade practice in violation of G.S. 75-1.1, and shall be prohibited from commencing an expedited eviction proceeding as provided in Article 4 of this Chapter. (1999-420, s. 1.)
42A-11. Vacation rental agreements. (a) A vacation rental agreement executed under this Chapter shall contain the following notice on its face which shall be set forth in a clear and conspicuous manner that distinguishes it from other provisions of the agreement: “THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.” (b) The vacation rental agreement shall contain provisions separate from the requirements of subsection (a) of this section which shall describe the following as permitted or required by this Chapter: (1) The manner in which funds shall be received, deposited, and disbursed in advance of the tenant’s occupancy of the property. (2) Any processing fees permitted under G.S. 42A-17(c). (3) The rights and obligations of the landlord and tenant under G.S. 42A-17(b). (4) The applicability of expedited eviction procedures. (5) The rights and obligations of the landlord or real estate broker and the tenant upon the transfer of the property. (6) The rights and obligations of the landlord or real estate broker and the tenant under G.S. 42A-36. (7) Any other obligations of the landlord and tenant. (1999-420, s. 1.) Article 3. Handling and Accounting of Funds.
42A-15. Trust account uses. A landlord or real estate broker may require a tenant to pay all or part of any required rent, or other fees permitted by law in advance of the commencement of a tenancy under this Chapter if these payments are expressly authorized in the vacation rental agreement. If the tenant is required to make any advance payments, whether the payment is denominated as rent or otherwise, the landlord or real estate broker shall deposit these payments in a trust account in an insured bank or savings and loan association in North Carolina no later than three banking days after the receipt of the these payments. These payments deposited in a trust account shall not earn interest unless the landlord and tenant agree in the vacation rental agreement that the payments may be deposited in an interest- bearing account. The landlord and tenant shall also provide in the agreement to whom the accrued interest shall be disbursed. (1999-420, s. 1.)
42A-16. Advance payments uses. (a) A landlord or real estate broker shall not disburse prior to the occupancy of the property by the tenant an amount greater than fifty percent (50%) of the total rent except as permitted pursuant to this subsection. A landlord or real estate broker may disburse prior to the occupancy of the property by the tenant any fees owed to third parties to pay for goods, services, or benefits procured by the landlord or real estate broker for the benefit of the tenant, including administrative fees permitted by G.S. 42A-17(c), if the disbursement is expressly authorized in the vacation rental agreement. The funds remaining after any disbursement permitted under this subsection shall remain in the trust account and may not be disbursed until the occurrence of one of the following: (1) The commencement of the tenancy, at which time the remaining funds may be disbursed in accordance with the terms of the agreement. (2) The tenant commits a material breach, at which time the landlord may retain an amount sufficient to defray the actual damages suffered by the landlord as a result of the breach. (3) The landlord or real estate broker refunds the money to the tenant. (4) The funds in the trust account are transferred in accordance with G.S. 42A-19(b) upon the termination of the landlord’s interest in the property. (b) Funds collected for sales or occupancy taxes shall not be disbursed from the trust account prior to termination of the tenancy or material breach of the agreement by the tenant, except as a refund to the tenant. (c) The tenant’s execution of a vacation rental agreement in which he or she agrees to the advance disbursement of payments shall not constitute a waiver or loss of any of the tenant’s rights to reimbursement of such payments if the tenant is lawfully entitled to reimbursement. (1999-420, s. 1.)
42A-17. Accounting; reimbursement. (a) A vacation rental agreement shall identify the name and address of the bank or savings and loan association in which the tenant’s advance payments are held in a trust account, and the landlord and real estate broker shall provide the tenant with an accounting of such deposit and payments if the tenant makes a reasonable request for an accounting prior to the tenant’s occupancy of the property. (b) Except as otherwise provided in this subsection, if, at the time the tenant is to begin occupancy of the property, the landlord or real estate broker cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the landlord and real estate broker shall refund to the tenant all payments made by the tenant. (c) A vacation rental agreement may include administrative fees, the amounts of which shall be provided in the agreement, reasonably calculated to cover the costs of processing the tenant’s reservation, transfer, or cancellation of a vacation rental. (1999-420, s. 1.)
42A-18. Applicability of the Residential Tenant Security Deposit Act. (a) Except as may otherwise be provided in this Chapter, all funds collected from a tenant and not identified in the vacation rental agreement as occupancy or sales taxes, fees, or rent payments shall be considered a tenant security deposit and shall be subject to the provisions of the Residential Tenant Security Deposit Act, as codified in Article 6 of Chapter 42 of the General Statutes. Funds collected as a tenant security deposit in connection with a vacation rental shall be deposited into a trust account as required by G.S. 42-50. The landlord or real estate broker shall not have the option of obtaining a bond in lieu of maintaining security deposit funds in a trust account. In addition to the permitted uses of tenant security deposit monies as provided in G.S. 42-51, a landlord or real estate broker may, after the termination of a tenancy under this Chapter, deduct from any tenant security deposit the amount of any long distance or per call telephone charges and cable television charges that are the obligation of the tenant under the vacation rental agreement and are left unpaid by the tenant at the conclusion of the tenancy. The landlord or real estate broker shall apply, account for, or refund tenant security deposit monies as provided in G.S. 42-51 within 45 days following the conclusion of the tenancy. (b) A vacation rental agreement shall not contain language compelling or permitting the automatic forfeiture of all or part of a tenant security deposit in case of breach of contract by the tenant, and no such forfeiture shall be allowed. The vacation rental agreement shall provide that a tenant security deposit may be applied to actual damages caused by the tenant as permitted under Article 6 of Chapter 42 of the General Statutes. (1999-420, s. 1.)
42A-19. Transfer of property subject to a vacation rental agreement. (a) The grantee of residential property voluntarily transferred by a landlord who has entered into a vacation rental agreement for the use of the property shall take his or her title subject to the vacation rental agreement if the vacation rental is to end not later than 180 days after the grantee’s interest in the property is recorded in the office of the register of deeds. If the vacation rental is to end more than 180 days after the recording of the grantee’s interest, the tenant shall have no right to enforce the terms of the agreement unless the grantee has agreed in writing to honor such terms, but the tenant shall be entitled to a refund of payments made by him or her, as provided in subsection (b) of this section. Prior to entering into any contract of sale, the landlord shall disclose to the grantee the time periods that the property is subject to a vacation rental agreement. Not later than 10 days after entering into the contract of sale the landlord shall disclose to the grantee each tenant’s name and address and shall provide the grantee with a copy of each vacation rental agreement. Not later than 10 days after transfer of the property, the grantee or the grantee’s agent shall: (1) Notify each tenant in writing of the property transfer, the grantee’s name and address, and the date the grantee’s interest was recorded. (2) Advise each tenant whether he or she has the right to occupy the property subject to the terms of the vacation rental agreement and the provisions of this section. (3) Advise each tenant of whether he or she has the right to receive a refund of any payments made by him or her. (b) Except as otherwise provided in this subsection, upon termination of the landlord’s interest in the residential property subject to a vacation rental agreement, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or the landlord’s agent, or the real estate broker, shall, within 30 days, transfer all advance rent paid by the tenant, and the portion of any fees remaining after any lawful deductions made under G.S. 42A-16, to the landlord’s successor in interest and thereafter notify the tenant by mail of such transfer and of the transferee’s name and address. For vacation rentals that end more than 180 days after the recording of the interest of the landlord’s successor in interest, unless the landlord’s successor in interest has agreed in writing to honor the vacation rental agreement, the landlord or the landlord’s agent, or the real estate broker, shall, within 30 days, transfer all advance rent paid by the tenant, and the portion of any fees remaining after any lawful deductions made under G.S. 42A-16, to the tenant. Compliance with this subsection shall relieve the landlord or real estate broker of further liability with respect to any payment of rent or fees. Funds held as a security deposit shall be disbursed in accordance with G.S. 42A- 18. (c) Repealed by Session Laws 2000-140, s. 41. (d) The failure of a landlord to comply with the provisions of this section shall constitute an unfair trade practice in violation of G.S. 75-1.1. A landlord who complies with the requirements of this section shall have no further obligations to the tenant. (1999-420, s. 1; 2000-140, s. 41.) Article 4. Expedited Eviction Proceedings.
42A-23. Grounds for eviction. (a) Any tenant who leases residential property subject to a vacation rental agreement under this Chapter for 30 days or less may be evicted and removed from the property in an expedited eviction proceeding brought by the landlord, or real estate broker as agent for the landlord, as provided in this Article if the tenant does one of the following: (1) Holds over possession after his or her tenancy has expired. (2) Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his or her tenancy. (3) Fails to pay rent as required by the agreement. (4) Has obtained possession of the property by fraud or misrepresentation. (b) Only the right to possession shall be relevant in an expedited eviction proceeding. All other issues related to the rental of the residential property shall be presented in a separate civil action. (1999-420, s. 1.)
42A-24. Expedited eviction. (a) Before commencing an expedited eviction proceeding, the landlord or real estate broker shall give the tenant at least four hours’ notice, either orally or in writing, to quit the premises. If reasonable efforts to personally give oral or written notice have failed, written notice may be given by posting the notice on the front door of the property. (b) An expedited eviction proceeding shall commence with the filing of a complaint and issuance of summons in the county where the property is located. If the office of the clerk of superior court is closed, the complaint shall be filed with, and the summons issued by, a magistrate. The service of the summons and complaint for expedited eviction shall be made by a sworn law enforcement officer on the tenant personally or by posting a copy of the summons and complaint on the front door of the property. The officer, upon service, shall promptly file a return therefor. A hearing on the expedited eviction shall be held before a magistrate in the county where the property is located not sooner than 12 hours after service upon the tenant and no later than 48 hours after such service. To the extent that the provisions of this Article are in conflict with the Rules of Civil Procedure, Chapter 1A of the General Statutes, with respect to the commencement of an action or service of process, this Article controls. (c) The complaint for expedited eviction shall allege and the landlord or real estate broker shall prove the following at the hearing: (1) The vacation rental is for a term of 30 days or less. (2) The tenant entered into and accepted a vacation rental agreement that conforms to the provisions of this Chapter. (3) The tenant committed one or more of the acts listed in G.S. 42A-23(a) as grounds for eviction. (4) The landlord or real estate broker has given notice to the tenant to vacate as a result of the breach as provided in subsection (a) of this section. The rules of evidence shall not apply in an expedited eviction proceeding, and the court shall allow any reasonably reliable and material statements, documents, or other exhibits to be admitted as evidence. The provisions of G.S. 7A-218, 7A-219, and 7A-220, except any provisions regarding amount in controversy, shall apply to an expedited eviction proceeding held before the magistrate. These provisions shall not be construed to broaden the scope of an expedited eviction proceeding to issues other than the right to possession. (d) If the court finds for the landlord or real estate broker, the court shall immediately enter a written order granting the landlord or real estate broker possession and stating the time when the tenant shall vacate the property. In no case shall this time be less than 2 hours or more than 8 hours after service of the order on the tenant. The court’s order shall be served on the tenant at the hearing. If the tenant does not appear at the hearing or leaves before the order is served, the order shall be served by delivering the order to the tenant or by posting the order on the front door of the property by any sworn law enforcement officer. The officer, upon service, shall file a return therefor. If the court finds for the landlord or real estate broker, the court shall determine the amount of the appeal bond that the tenant shall be required to post should the tenant seek to appeal the court order. The amount of the bond shall be an estimate of the rent that will become due while the tenant is prosecuting the appeal and reasonable damages that the landlord may suffer, including damage to property and damages arising from the inability of the landlord or real estate broker to honor other vacation rental agreements due to the tenant’s possession of the property. (1999-420, s. 1.)
42A-25. Appeal. A tenant or landlord may appeal a court order issued pursuant to G.S. 42A-24(d) to district court for a trial de novo. A tenant may petition the district court to stay the eviction order and shall post a cash or secured bond with the court in the amount determined by the court pursuant to G.S. 42A- 24(d). (1999-420, s. 1.)
42A-26. Violation of court order. If a tenant fails to remove personal property from a residential property subject to a vacation rental after the court has entered an order of eviction, the landlord or real estate broker shall have the same rights as provided in G.S. 42- 36.2(b) as if the sheriff had not removed the tenant’s property. The failure of a tenant or the guest of a tenant to vacate a residential property in accordance with a court order issued pursuant to G.S. 42A-24(d) shall constitute a criminal trespass under G.S. 14-159.13. (1999-420, s. 1.)
42A-27. Penalties for abuse. A landlord or real estate broker shall undertake to evict a tenant pursuant to an expedited eviction proceeding only when he or she has a good faith belief that grounds for eviction exists under the provisions of this Chapter. Otherwise, the landlord or real estate broker shall be guilty of an unfair trade practice under G.S. 75-1.1 and a Class 1 misdemeanor. (1999-420, s. 1.) Article 5. Landlord and Tenant Duties.
42A-31. Landlord to provide fit premises. A landlord of a residential property used for a vacation rental shall: (1) Comply with all current applicable building and housing codes. (2) Make all repairs and do whatever is reasonably necessary to put and keep the property in a fit and habitable condition. (3) Keep all common areas of the property in safe condition. (4) Maintain in good and safe working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by him or her upon written notification from the tenant that repairs are needed. (5) Provide operable smoke detectors. The landlord shall replace or repair the smoke detectors if the landlord is notified by the tenant in writing that replacement or repair is needed. The landlord shall annually place new batteries in a battery-operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or landlord. These duties shall not be waived; however, the landlord and tenant may make additional covenants not inconsistent herewith in the vacation rental agreement. (1999-420, s. 1.)
42A-32. Tenant to maintain dwelling unit. The tenant of a residential property used for a vacation rental shall: (1) Keep that part of the property which he or she occupies and uses as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that he or she uses. (2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner. (3) Keep all plumbing fixtures in the property or used by the tenant as clean as their condition permits. (4) Not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided by the landlord or knowingly permit any person to do so. (5) Comply with all obligations imposed upon the tenant by current applicable building and housing codes. (6) Be responsible for all damage, defacement, or removal of any property inside the property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the landlord or his or her agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces. (7) Notify the landlord of the need for replacement of or repairs to a smoke detector. The landlord shall annually place new batteries in a battery-operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or the landlord. These duties shall not be waived; however, the landlord and tenant may make additional covenants not inconsistent herewith in the vacation rental agreement. (1999-420, s. 1.) Article 6 General Provisions.
42A-36. Mandatory evacuations. If State or local authorities, acting pursuant to Article 36A of Chapter 14 or Article 1 of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order. Upon compliance, the tenant shall be entitled to a refund from the landlord of the prorated rent for each night that the tenant is unable to occupy the property because of the mandatory evacuation order. The tenant shall not be entitled to a refund if: (i) prior to the tenant taking possession of the property, the tenant refused insurance offered by the landlord or real estate broker that would have compensated him or her for losses or damages resulting from loss of use of the property due to a mandatory evacuation order; or (ii) the tenant purchased insurance offered by the landlord or real estate broker. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged for the vacation rental to the tenant. (1999-420, s. 1.)