need a longer vacation?
Our monthly rental program runs from September 1st through April 30th. The monthly rental homes require a one-month minimum stay. Rentals of less than 90 days are subject to North Carolina sales and occupancy tax, while rentals of 90 days or more are exempt from tax. Monthly rentals with 1 or 2 bedrooms have a $125 per month utility cap which is included in the rental rate. Monthly rentals with 3, 4 or 5 bedrooms have a $225 per month utility cap which is included in the rental rate, and monthly rentals with 6 bedrooms or more have a $350 per month utility cap which is included in the rental rate. All monthly rentals require a refundable security deposit. Please contact our Monthly Rentals Department for additional information.
Many people take advantage of these monthly rental rates to stay at the Crystal Coast. Carteret County’s cost of living is generally less than most resort areas and has a very low property tax rate. Many of our Northern guests find the Southern Outer Banks of North Carolina in closer proximity to loved ones than living as far away as Florida!
The beaches of the Crystal Coast are generally not crowded in the summer, but they are almost empty in the off-season! You can enjoy long secluded walks on the beach and breathtaking ocean sunsets. You can surf fish on our beaches. Many of our vacation rental homes designated as “No Pets” make exceptions for their monthly guests, so enjoy exercising with your pet on the beach! If the monthly rental you are interested in allows pets, please note that a non refundable pet deposit is due. Our monthly rentals do not qualify in our “Pets Stay Free” promotion – this is exclusive to vacation rentals.
Bluewater Real Estate & Vacation Rentals hopes to see you in one of our monthly rentals.
Advertised Military discounts can not be applied to monthly rentals.
contact us for more information
Local: (252) 354-2323
Toll-Free: (888) 258-9287
Fax: (252) 354-2374
E-Mail: Monthly Rentals
online helpful documents
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 2014 Reservations
- FIRST PAYMENT: If you consent to the terms of this Agreement, we require the first payment to be paid upon making the reservation. First Payment is half of rent, plus the Travel Insurance Premium (if purchased). We accept VISA, MasterCard, or Discover. If your Check-In date is less than 30 days from the date you are making the reservation, full payment is required. The balance is due 30 days prior to the arrival date (see paragraph 3 of this agreement for Cancellation Terms). Customers without access to fax or email may have an Agreement sent via US Mail, however, your payment is still required immediately. This Agreement will need to be returned, however, payment of the rental is confirmation that you accept the terms and conditions of the Agreement. Occupancy is Based on Two Persons Per Bedroom. If making your request by phone, ask your agent about our convenient “3 PAY” or “LAYAWAY”payment plans.
- GuestWeb™: For your convenience, you can now access GuestWeb by going to www.bluewaternc.com. This is a secure site so you can conduct business with us 24/7. You can e-sign your rental agreement, make a payment securely or contact us with questions about your existing reservation. Use this service for safe and guaranteed delivery communications with our Vacation Specialists. We honor Master Card, VISA, or Discover. You will need your reservation number and ZIP code to access GuestWeb™.
- FINAL PAYMENT: 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 the arrival date (see paragraph 3 of this agreement for Cancellation Terms) by using our Guest Website. Go to www.bluewaternc.com to make final payment. You will need your reservation number and zip code. Final Payment will include remaining Rent Balance, any optional rental items (i.e., linens, beach gear) and taxes. Bluewater will place your reservation payments in an interest bearing trust account at VantageSouth Bank (USA), located in Jacksonville, NC with such interest earned by the Agent. The Tenant agrees to the advance disbursement of rents to the Owner prior to occupancy (not to exceed fifty percent (50%) of the total rent) and disbursement of fees to Agent to pay for goods, services or benefits secured for the Tenant prior to occupancy. Note: For Reservations made online, acceptance of Travel Insurance is required. To waive Travel Insurance, you must make your reservation by phone at 800-216-6578.
- CANCELLATION TERMS: Should Tenant have to cancel for any reason, please notify Agent immediately in writing (fax 252-354-8965, e-mail toAccounting@BluewaterNC.com, or US Mail). If the property is re-rented for the specified period, monies will be refunded less a $125.00 cancellation fee, any discounts/expenses required to re-rent and the Travel Insurance Premium. Agent reserves the right to automatically cancel reservation if payment is not received in full 30 days prior to the arrival date. Failure to cancel in writing may result in charging the final payment to the Tenant’s credit card.
- TRAVEL INSURANCE: Travel insurance is automatically added to this Agreement, but is optional. We strongly recommend it to cover your investment should you have to cancel your reservation plans, but please note the coverage is limited. If you choose to decline travel insurance initial where indicated on the Agreement, but remember refunds will not be given in the event of unforeseen cancellations unless the property is re-rented. This includes hurricane evacuations. To purchase this plan and qualify for the pre-existing conditions Exclusion Waiver, you must purchase this plan prior to or with your final payment. For more information, visit the Red Sky Travel Insurance website by going towww.redskyinsurance.com and click on the Trip Preserver™ link.
- EVACUATIONS: Per N.C.G.S. 42A-36; A vacation rental tenant who is occupying or plans to occupy a vacation rental property located in an area in which a mandatory evacuation has been ordered must evacuate and refrain from occupying the vacation rental property until the mandatory evacuation is lifted. Under such conditions, evacuation is required; it is not optional. Agent reserves the right to prepare property for impending danger at their discretion to include installation of storm shutters and securing all outdoor items.
- CHECK IN/CHECK OUT:
- If you are checking in at our Emerald Isle Office: Check-in is no earlier than 3:00 PM EST at the Bluewater Vacation Rental Office located at 200 Mangrove Drive. During the summer there is drive-through service for your convenience. GPS to 34.662800, -77.042000. After Hours Check-In: Your keys will be left outside to the right of the Vacation Rental Office front door in the After Hours Lock Box. Please leave the cabinet locked and scramble the combination. Our Office # is 252 354 2323 or 888 258 9287. Emergency Maintenance Services and Emergency Housekeeping Linen Services are available after hours by calling 252 354 2323.
- If you are checking in at our Atlantic Beach Office: Check-in is no earlier than 3:00 PM EST at the Bluewater Vacation Rental Office located at 610 Atlantic Beach Causeway Road. GPS to 34.708500, -76.737000. After Hours Check-In: Your keys will be left outside to the right of the front door in a metal lock box. Our Office # is 252-726-3105 or 866-467-3105. Emergency Maintenance Services and Emergency Housekeeping Linen Services are available after hours by calling 252-354-2323. Check-out is no later than10:00 AM EST. Return your key packet to the Bluewater Vacation Rental Office located at 610 Atlantic Beach Causeway Road. We also have a drop slot in the front window for early Check-outs. No occupancy of the property, including driveways, parking areas, decks, pools or outside showers will be allowed after check-out.
- DAMAGE TO THE PROPERTY: Experience tells us accidents can and will happen while you are on vacation. Tenant is responsible for immediately reporting any property damage to the Agent. While Bluewater does not require a security deposit, Tenant is still responsible, and will not be released from liability for damage due to the following:
- Intentional, willful, reckless, or malicious acts of the Tenant or others on the premises during the tenancy.
- Excessive damage by pets.
- Theft from the premises of the owner’s property.
- Gross negligence of Tenant or intentional misuse of furnishings, appliances, equipment, or other amenities provided within the home.
- Damage caused while under the influence of alcohol or drugs.
- Damages to property resulting from operation of any motorized vehicle by a Tenant.
- Damages related to smoking in “NO smoking” homes.
- Damages related to tampering with “Irrigation Systems and Controls” or “Audio / Video / Internet wiring or component programming” within a property.
Coverage is limited to tenancies of 30 days or less. Some charges may apply if departure duties are not followed (See paragraph 15).
- PARKING: Parking is limited at most properties. Most condo complexes allow parking for two vehicles per rental unit and may require you to check in at an on-site office. Some condominium complexes require parking passes that will be issued at check-in. Cottage parking is limited to the driveway area only (parking on grass is never allowed unless specified by the owner). No motor homes or campers are allowed on the property.
- FAMILY GROUPS: Agent is authorized to rent only to family groups. Agent will not rent to school or civic groups or fraternities even if chaperoned by adults. Groups renting under false pretenses will be evicted under the Expedited Eviction Act of NC without refund. Over-occupancy is considered a SERIOUS BREACH of this lease. Hosting parties, RV’s or campers, and subletting are not permitted and are Grounds for Eviction.
- ACCOMMODATIONS & FURNISHINGS: All rental properties managed by Agent are privately owned and furnished by each Owner according to their taste. Kitchens come stocked with adequate cookware and dinnerware. Beds have mattress pads, bedspreads, and pillows. You will need to bring all paper products (including toilet paper), soaps, staple and personal items and linens (unless linens provided) including kitchen linens. Agent offers the opportunity for Tenant to rent linens and towels, beach gear, etc. No refunds will be made for items missing or inadequacies but every effort will be made to replace missing or broken items or to repair any damages.
- PET POLICY: Most properties do not allow pets anywhere on their property, including on the deck or in the yard. If the property you have rented allows dogs, either through the “All Inclusive Pet Program” or an additional pet fee is required – it will be stated within the property description and a specified fee is charged per pet. Please note that this is limited to dogs only and, in most cases, a limit of 2. If you do not notify Agent of a dog, or the proper number of dogs on the premises, and pay the specified fee, eviction without refund may apply and Agent reserves the right to charge your credit card for pet fees. Cats are never allowed in any property at any time. Any guest bringing a pet into a “No Pet” property will be evicted without refund. Pets are not allowed in pools or hot tubs. “Leash Laws” apply, and the law requires you to clean up after your pet.
- CONDITION OF PROPERTY: Agent makes every effort to provide accurate information about the rental property. The Vacation Guide and Internet site provide pricing, descriptions and recent pictures of all properties. Please remember that you are making an agreement with the Agent for an individually owned property. You cannot be moved to another property if you are not satisfied with your choice upon arrival. If you have a guest with particular needs, i.e. handicapped or severe allergies, please note that Agent will do the best to answer questions but will not be held responsible for inaccuracies. Upon arrival, please notify us immediately if you do not find the property clean so that we can remedy any matters, however, absolutely no refunds will be made. Agent will make every effort to satisfy the requirements of each Tenant. If we have not heard from you within one hour of check-in, we will assume that you are satisfied with the cleanliness of the home. If you check in after hours, please call before 10 am on the following morning to report cleanliness issues. Each Tenant has certain rights entitling them to a fit and habitable property as described inN.C.G.S. 42A-17(b).
- REPAIRS & SERVICE CALLS: Please notify Agent immediately if damages are noticed or a repair is in order. Repairs are prioritized, and some items may take longer to address. All efforts will be made to expedite needed repairs, but no refunds will be made for mechanical failures of air conditioning, elevator, appliances/electronics, interruption/loss of utilities (including cable TV/Internet) or Homeowner Association advertised amenities such as, but not limited to, indoor/outdoor pools/spa, fitness center, or tennis courts. Authorized repairmen have the legal right to enter the property as required to accomplish needed repairs even if the service call was made prior to your arrival. There will be a $50 fee for providing entry to guests that lock themselves out of their vacation home during non-business hours.
- PERSONAL ITEMS: Items left by Tenant upon departure are not the Agent’s responsibility. Discovered lost items will be returned if reported prior to fourteen (14) days of departure. Tenant shall pay all shipping, handling and postage for all returned items prior to shipping. We will ship item(s) by UPS Ground, unless special expedited shipment is requested. 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).
- POOLS, HOT TUBS, BOATS, GOLF CARTS & ELEVATORS: If the Property is equipped with a community or private golf cart, boat, pool, hot tub, or elevator, Tenant hereby accepts and agrees to the following:
- Tenant shall ensure use in a safe manner at all times and that juvenile use is supervised by an adult.
- Unsafe and/or unsupervised use by Tenant or Tenant’s guests shall permit Agent to terminate IMMEDIATELY WITHOUT NOTICE Tenant’s occupancy of the Property.
- Tenant shall indemnify and hold Agent (its officers, employees, agents and equity holders) and the Owner of the Property harmless from and against any and all liabilities, claims and expenses for personal injury or property damage resulting from unsafe and/or unsupervised use by Tenant or Tenant’s guests.
See paragraph’s 19 & 20 of this agreement for disclaimer information. PLEASE NOTE: Refunds will NOT be given for any of these items that may be non-functioning. Elevators: Every effort is made to repair in a timely manner. Should your party misuse the elevator, you may be charged for a service call and may be without elevator service during your stay.
- DEPARTURE DUTIES: Tenant must leave property in an orderly condition per the property departure check list which includes all dishes washed and put away, all food removed from refrigerator, all trash removed from home, outdoor grills cleaned and all beds made. Failure to abide by this provision will result in extra cleaning charges charged to Tenant. If home allowed pets, please remove pet hair from carpets and upholstery. If Tenant rented linens from Agent or if linens were provided with the property, they must be removed from beds and put in the provided duffel bag then placed near the main entrance. The duffel bag will be in the laundry area or kitchen. If tenant is unable to locate the duffel bag, linens should be bundled together and placed near the main entrance. LEAVE MATTRESS PADS, COMFORTERS, BLANKETS AND DECORATIVE ACCESSORIES, SUCH AS SHAMS, ON THE BEDS. Return your key packet at the time of departure. Tenant’s credit card on file will automatically be charged the applicable fee as shown on the tenant’s key packet for replacement of each amenity key, gate card, pool pass, parking pass or garage door opener that is not returned upon departure.
- 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.
- INDEMNIFICATION AND HOLD HARMLESS; RIGHT OF ENTRY; ASSIGNMENT: Tenant agrees to indemnify and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by negligent or willful act of Agent or the owner, or failure of Agent or owner to comply with the North Carolina Vacation Rental Act. Tenant agrees that Agent, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvement thereto as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
- ADDITIONAL PROVISIONS/DISCLOSURES:
- Tenant acknowledges that Agent may have an ownership interest in some properties.
- Agent is paid a commission on the Travel Insurance, and may also receive commissions from other vendors.
- Rearranging of the furniture is not permitted nor moving indoor furniture outside.
- Grilling shall not be allowed on decks, porches or close to the house and Tenant is responsible for leaving grill clean.
- Please note that some properties may not offer local telephone service. If having local telephone service is required, please check with one of our Rental Agents prior to arrival. Where offered, telephone service is provided by the Property Owner.
- If a telephone is available on the Property, Tenant shall be responsible for all toll or internet calls.
- Tenant acknowledges that construction may be ongoing at adjoining or nearby properties. Neither Agent nor owner is responsible for any objectionable noise or activity related to same.
- Henna Tattoos nor Fireworks are allowed on premises and Tenant will be held liable for any damage or replacement to include carpeting, bedspreads, furniture, decking, etc. Most fireworks are illegal in North Carolina.
- The Town of Emerald Isle has adopted a new ordinance that requires allunattended 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 7:00 PM and 8:00 AM are now illegal and will be confiscated and removed by town staff.
- Every effort has been made to assure the information on the website, in the brochure and communicated by our Agents is correct, however, it is not guaranteed. The website will contain the most up to date information, however, Agent cannot be held responsible for changes made by Owners such as decor or bedding, unintentional misrepresentation or printing errors; and no refunds will be made for such. Due to state regulations regarding septic permits, some information presented may be inaccurate as the availability of these permits is limited. Every effort has been made to ensure all information is accurate and specific guidelines of the Carteret County Health Department have been followed. Agent shall not be liable for unintentional errors, omissions, or changes in the advertisement of bedrooms and occupancy. The information herein is believed to be accurate and timely, but no warranty as such is expressed or implied.
- Internet Service is not offered in all properties, please check the property information on our website, or call one of our Rental Agents if you have questions. Where offered, Internet Service is provided by the Property Owner. Bluewater is not an Internet Service Provider (ISP), and as such, Bluewater does not warrant that the available Wireless or Wired Internet Service will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, objectionable content, or the like. PLEASE NOTE: Refunds will NOT be given for Internet Service outages. You expressly assume all risk and responsibility for use of the Internet Service.
- Tenant will be held liable for extra cleaning charges and for damages involved in Smoking inside a Non-Smoking property.
- Amateur Radio operation is allowed under the following minimum requirements: The operator(s) have the appropriate license for their equipment and license is not expired. All Amateur Radio equipment carries an approved UL® label. Any exterior “wire type antenna” must follow approved installation techniques with proper insulators and strain relief , be clearly marked to provide public safety and must not be anchored outside of the legal property limits or to any publicly owned utility structure. More information can be obtained from: ARRL (The National Association for Amateur Radio) or the FCC (Federal Communications Commission).
- PROPERTIES WITH A PRIVATE POOL AND/OR HOT TUB: By executing this Vacation Rental Agreement you are agreeing to the terms of the Pool and/or Hot Tub Addendum. For a copy of these Addendums please go to www.bluewaternc.com |VACATION RENTALS HOME PAGE, choose RENTALS and then view underVACATION RENTAL INFORMATION. You may call our office at 800-216-6578 to request a copy be faxed, emailed or mailed to you. Should the price of propane significantly increase, the pool heating fee may be adjusted accordingly.
- 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.
- 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.
- 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.
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.)