RENTAL AGREEMENT

 

This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Rental Date between You (the “Tenant”) and Property Owner (the “Landlord” or the “Rental Agent”). Houzlet LLC operates the interactive website available at Houzlet.com, pursuant to which the Tenant has scheduled the occupancy for one or more nights and arranged to make payment to secure (a “Rental”) the residence described on the listing the Tenant chose to rent (the “Property”), for the duration of the Rental for the Rental cost and other fees set forth in this Agreement, as well as other good and valuable consideration described herein.

 

1. TERM OF RENTAL AND OCCUPANCY: The Tenant’s move-in and move-out dates will be shown at the time of accepting this rental agreement along with all scheduled rent payments. The Tenant has the right to occupy the property only during the term of the rental. The maximum standard occupancies for Rental, to Tenants, are as follows – Studio, 2 Tenants; 1 Bedroom, 2 Tenants; 2 bedrooms, 4 Tenants; 3 bedrooms, 6 Tenants; 4 bedrooms, 8 Tenants; 5 bedrooms, 10 Tenants.

 

1.1 RENTAL AMOUNT. The monthly rental amount will be shown when Tenant applies to Rent on Houzlet and when paying Rent on Houzlet Wallet of the Houzlet App, along with all scheduled rent payments.

 

2. TENANT PAYMENT POLICY: The Tenant’s payment policy will be shown at the time of confirmation along with the deposit amount. You agree to pay Service Fee for the Listing Service based on a percentage of the value of each completed booking (“Service Fee”). The Service Fee is described on each Tenant Rental Application. You are deemed to accept the Transaction Fee when you approve each payment request statement. The Tenant will pay a deposit of 30% at the time of Confirmation to hold the rental dates and the Balance Due is payable 30 days prior to the move-in date. At the time of Confirmation if the move-in date is within 30 days full payment will be charged. Each Tenant is required to pay the total Rental cost which is the sum of the rental rates, taxes, and fees prior to Move-in; Tenant shall pay all fees set forth in this Agreement in connection with the Rental using Houzlet wallet.

 

2.1. RECURRING PAYMENTS: At the time of confirmation reoccurring payment amounts and reoccurring payment dates will be shown at the time of confirmation. By providing my credit card, debit card or bank account information (‘Payment Method”) the Tenant AGREES and understands the Recurring Payments. The Tenant authorizes Houzlet to charge the full amount required (once per month) and the Tenant authorizes Houzlet to charge or debit the Tenant’s account and remit payment to the Landlord. This authority will remain in effect until the end of the Rental Period as required under this agreement.

 

3. LANDLORD PAYMENT POLICY: The Landlord agrees to pay a service fee based on a percentage of the value of each confirmed rental. The Service Fee is described on each Tenant’s Application to Rent. You are deemed to accept the Service Fee when you approve the Tenant Application. payment will be released 14 days prior to the Move-in Date. The amount payable is displayed to the Landlord when approving the application. The Landlord is charged a Service Fee between 5% and 8%, this amount will policy will be shown at the time of booking along with the deposit amount. Between 20% and 40% of the full payment will be charged at the time of Confirmation and final payment 30 days prior to arrival. If the move-in date is within 30 days from the booking the full payment will be charged. Each Tenant is required to pay the total Rental cost which is the sum of the rental rates, taxes, and fees prior to moving in; Tenant shall pay all fees set forth in this Agreement in connection with the Rental to Houzlet at the time of making the Rental.

 

4. REFUNDABLE SECURITY DEPOSIT: Landlords may charge Tenant a refundable security deposit at the time Tenant makes a Rental. If no damages or losses occur during the term of the Tenant’s Rental, the Landlord shall return the Tenant’s security deposit to the Tenant within 10 days after move-out of the Property.  The Landlord will evaluate the Property for damages, including damaged, destroyed, missing, or stolen items, and determine and whether  The Landlord must apply any portion of the security deposit charged under this section to compensate such losses or damages, or if it shall be returned in full to Tenant.  Landlord will advise the Tenant if the security deposit will not be released in full, or if only a portion of the security deposit will be returned to Tenant, within 7 days following the Tenant’s move-out of the Property. Tenant understands that in the event of damage, destruction, or theft, Tenant’s damages to the Property or items within the Property may exceed the value of the security deposit allowed under this Section, and Tenant agrees to be fully liable for the total costs of replacement or repair, to Landlord. Tenant shall immediately pay to  Landlord,  or allow Houzlet to charge Tenant’s debit or credit card, or bank account the amount due under this Section in the event of a loss.

 

4. MOVE-IN DATE: The Tenant may arrive at the Property at 3:00 p.m. local time. The Tenant shall leave the Property by 11:00 a.m. local time.

 

5. REFUND POLICY:  Houzlet deposit is fully refundable if the rental application is not approved by the Landlord. Once the rental application is approved the deposit is no longer refundable. Houzlet shall issue a 50% refund of the initial deposit (and certain fees, as set forth below) until 30 days prior to the scheduled move in date for the Rental. A Rental is officially canceled only when the Tenant requests to cancel by emailing support@houzlet.com to cancel the Rental and  Houzlet has sent a email confirmation of the cancellation to the Tenant. To cancel Rental, Tenants should email Houzlet with their booking or Rental number. Fees paid for Tenant screening is not Refundable. If there is a complaint from either party, notice must be given to Houzlet within 24 hours of move-in. Houzlet will mediate when necessary and has the final say in all disputes.

 

6. CONDITION AND USE OF PROPERTY: The Property the Tenant Rents on  Houzlet is provided in “as is” condition.  The Landlord shall use their best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, and fireplaces as applicable. Tenant shall not hold Houzlet responsible for such items failure to work. Landlord is responsible and will make every effort to correct any issues reported by Tenant as quickly as possible. Tenant acknowledges that the use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children, and such use is at the Tenant’s own risk. The Tenant shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and shall keep the Property in clean and sanitary condition at all times. Tenant and any additional permitted Tenants shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Tenant use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules, or ordinance, nor commit waste or nuisance on or about the Property.

 

7. DEFAULT: If Tenant breaches, defaults upon, or fails to comply with the conditions and obligations of this Agreement, Tenant shall surrender the Property, remove all Tenant’s property and belongings, return all keys, keycards, and other means to accessing the Property to Houzlet, and leave the Property in good order and free of damage.  Houzlet shall not refund any portion of the Rental costs and any or all fees specified in this Agreement to the Tenant. If any legal action is necessary, or other dispute arises from or is related to this Agreement, the prevailing party shall be entitled to recovery from the other party for all costs incurred, including its costs and reasonable attorney’s fees.

 

8. RISK OF LOSS AND INDEMNIFICATION: Tenant agrees that all personal property, furnishings, personal affects, and other items belonging to Tenant or brought into the Property by Tenant or their permitted Tenants and visitors shall be at the sole risk of Tenant with regard to any theft, damage, destruction or other loss. Houzlet shall not be responsible or liable for any reason whatsoever for any such theft, damage, destruction, or other loss of Tenant’s personal property, or the personal property Tenant brings to the Property. Tenant hereby covenants and agrees to indemnify and hold harmless Houzlet and its agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, causes of action, declaratory or injunctive relief, administrative proceedings, arbitration, and other actions for any damages (including but not limited to special, general, consequential, incidental, and expressly including punitive or exemplary damages), costs, legal fees, and attorneys’ fees (and to pay them to  Houzlet as they are incurred and due) caused by any claims arising from or relating to destruction of property, personal injury or bodily injury to persons of any kind, or loss of life, sustained by Tenant, or family and visitors of Tenant, or any third parties, in or about the Property at the time of Tenant’s Rental. Tenant expressly agrees to save and hold Houzlet harmless in all such cases.

 

10. RELEASE: Tenant hereby waives and releases any claims against Houzlet,  the Property’s legal or beneficial owner, and their successors, assigns, employees, agents, or representatives, whether acting officially or otherwise, for any injuries, damages, or loss of any kind, including death, dismemberment, or disability however severe that may be sustained by Tenant on or near or adjacent to the Property, including any common facilities, activities or amenities. The Tenant agrees to use any such facilities or amenities entirely at the Tenant’s own initiative, risk, and responsibility.

 

11. UNAVAILABILITY OF PROPERTY: In the event, the Property is not available for use during a previously scheduled Rental due to reasons, events, or circumstances beyond the control of Houzlet, then  Houzlet will apply due diligence and good faith efforts to locate a replacement property that equals the Property with respect to occupancy capacity, location, and value that meets the reasonable satisfaction of the Tenant. If such replacement property cannot be found and made available,  Houzlet shall immediately return Tenant’s prepaid Rental Costs, but not the fees collected as specified in the preceding sections of this Agreement, whereupon this Agreement shall be terminated and Tenant and  Houzlet shall have no further obligations or liabilities in any manner pertaining to this Agreement.

 

12. ADDITIONAL TERMS TO THE RENTAL AGREEMENT: In addition to the standard terms included herein, the Tenant acknowledges and agrees that there may be additional terms and conditions that apply to the Tenant’s rental of the Property, which the Landlord shall supply to the Tenant after making any Approval of Rental, or Landlord may supply to Tenant upon Tenant’s earlier request.

 

13. GENERAL PROVISIONS: This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments, or modifications hereof shall be void unless the same is in writing and signed by both the Tenant and Landlord This Agreement shall be governed by the state laws where the Property is located without regard to its conflicts-of-laws provisions. The County where the property is located shall be the sole and exclusive venue for any and all disputes arising from or related to this Agreement by Tenant and  Landlord,  with each party waiving any and all objections on the grounds of personal jurisdiction and venue, including the doctrine of forum non-convenience. EACH PARTY AGREES TO ARBITRATION BEFORE JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) AS THE SOLE AND EXCLUSIVE FORUM FOR THE RESOLUTION OF DISPUTES UNDER THIS AGREEMENT; THE PARTIES KNOWINGLY AND WILLFULLY WAIVE THEIR RIGHT TO JURY TRIAL AND AGREE TO ARBITRATION AS THE SOLE AND EXCLUSIVE MEANS TO RESOLVE DISPUTES, AND FURTHER WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION AGAINST THE OTHER PARTY AS A CONDITION OF ENTERING THIS AGREEMENT. The words “Landlord” and “Tenant” shall include their respective heirs, successors, and representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid by an arbitrator or other legal authority of competent jurisdiction, it shall be deemed severed from the Agreement, and the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. Both parties have had the opportunity to negotiate or participate in the negotiation of this Agreement, and thus its terms shall not be construed for or against any one of the parties hereto. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature. Nothing within this Agreement shall make Tenant, Landlord, or Houzlet joint venturers, partners, or anything other than contractors with one another, and shall not operate to create any other employment or agency relationship between Tenant, Landlord or  Houzlet. All dollar amounts and funds set forth in this Agreement shall be in United States Dollars.

 

14. Counterpart & Electronic Execution. This Agreement may be signed with the digital equivalent of a signature in one or more counterparts, each of which shall be deemed an original hereof for all purposes, and all of which, taken together, shall be deemed to constitute but one agreement. When clicking I Agree to Rental Agreement shall be deemed equivalent to a signed original of this Agreement. This Agreement shall take effect on the latest date on which either Party Agreed to the Rental Agreement.