Big Mountain Top Cabin

Space

Access

Neighborhood

Transit

Contacting Hosts

Notes

House Rules

RESIDENTIAL LEASE AGREEMENT

CONTRACT DOCUMENTS. This Residential Lease (“Lease”) is defined as this document and the following attachment(s):

In consideration of their mutual agreement to the following terms, conditions, and covenants, the Owner leases to Tenant and Tenant leases from Owner the above-described Premises.

1. TERMS, CONDITIONS, AND COVENANTS.
A. TERM. This lease is for a term as accepted on completing the platform booking terms.

2. RENT. Tenant agrees to pay rent Via electronic payment per the terms agreed upon the platform (Airbnb, VRBO, etc) or direct booking through www.wichitabmountainslodge.com. Payment is due in advance.

3. DAMAGE/SECURITY DEPOSIT. Tenant shall deposit with Owner or Owner’s Broker a Damage/Security Deposit in the amount as agreed on the platform (Airbnb or otherwise). The platform shall return in the reasonable period agreed on the platform and automatically returned to the Tenant’s account.

4. ANIMALS. Tenant shall keep only such animals as agreed on the pet fee -- NO SNAKES, NO EXOTIC ANIMALS -- Larger dogs may be kept in crates. Smaller dogs under 35 pounds may be allowed on the premises of the rental if the pet fee is paid. Cats are permitted with pet fee. Caged birds are permitted with pet fee..

5. SERVICE/ASSISTANCE ANIMALS. A Tenant with a disability may submit a request to the Owner for a reasonable accommodation to have a service/assistance animal on the Premises, pursuant to the Fair Housing Act (FHA), the Americans with Disabilities Act (ADA) or any other applicable federal, state or local law. Unless the Tenant has a disability or disability-related need for an assistance animal that is readily apparent, the Owner may request reliable supporting documentation that (1) is necessary to verify that the Tenant meets the definition of disability pursuant to the Fair Housing Act, (2) describes the needed accommodation, and (3) shows the relationship between the Tenant’s disability and the need for the requested accommodation. Notwithstanding the absence of an
additional deposit for a service/assistance animal, the Tenant shall be responsible for any damages caused by the animal.

6. POSSESSION OF PREMISES. Tenant acknowledges that the statements and material representations made on Tenant’s signed application, which is hereby incorporated by reference, have been relied upon by Owner, the falsity of which, in whole or in part, shall constitute a breach of this Lease entitling Owner at Owner’s option, to terminate the Lease and repossess the Premises. This Lease is further conditioned upon Owner securing possession of the Premises from the existing Tenant, if any, by the commencement date hereof. In the event Owner is unable to deliver possession of the Premises to Tenant for any reason, including, but not limited to, failure to previous Tenant to vacate Premises or partial or complete destruction of the Premises, Tenant shall have the right to terminate
this Agreement. In this event. Owner’s liability shall be limited to the return of all sums previously paid by Tenant to Owner except application processing fee, if any.

7. LEGAL USE. Tenant shall use the Premises only for residential purposes and for no other purpose. Operating a business, including daycare, from the Premises is prohibited. Tenant shall not use, nor permit the use of anything in the Premises (i) which would violate any of the terms or conditions of this Lease, (ii) for any unlawful purpose or in any unlawful manner, or (iii) that would substantially increase cost of the Owner’s insurance. Tenant’s use shall comply with City Code and Ordinances, City, State and Federal Regulations and Laws. Tenant shall pay any cost incurred by Owner due to Tenant’s violation of the Code, Regulations, Ordinances, and Laws. Failure of the Tenant to pay costs shall constitute a breach of this Lease. If Owner should violate City Code and Ordinances, or City,
State or Federal Regulations and Laws, Owner shall cure or pay any cost incurred by Tenant due to the violations. .

8. TENANT RESPONSIBILITIES. The tenant shall be responsible for:

NO open flames except for provided gas grills or firetables. NO fireworks of anytimes due to wildfire risk much of the year. NO Firearms usage as property has people, livestock, and pets within near proximity. NO SMOKING/VAPING/TOKING IN THE HOME EVER. All items are grounds for immediate eviction.
Smoking on the grounds is permitted. Dispose of any related trash property and properly extinguish.
Conduct. The tenant shall not hold parties, conduct lascivious activities, create noise or other disturbances that are not consistent with the quiet residential property of the building. Events and weddings may require a venue fee. Please verify before conducting an event, wedding, birthday party, etc.
Other Rules. Any other rules and requirements in accepting terms of rental by the owner.

9. NON-SMOKING/NON-VAPING. Tenant agrees that smoking, including tobacco and marijuana, and vaping or the any use of e-cigarettes on the interior and should such occur by Tenant or Tenant’s guests in the Premises, Tenant shall be responsible for the cost of having Premises painted, walls washed, interior deodorized, air ducts and filters cleaned, and carpets and draperies professionally cleaned, and any other cost to repair any other damage. If smoking or vaping occurs it could be cause for the issuance of an eviction notice and a $250 fine plus repairs of damage..

10. OCCUPANTS. Only planned guests are permitted. If additional guests exceed the number of guests identified during rental ADDITIONAL FEES SHALL BE CHARGED.


11. INVENTORY.

A. The owner takes comprehensive photos before each guest with rare exceptions. Photos are considered “inventory” and the owner anticipates the guest will not remove “inventory” from the premises.

12. OWNER AND OWNER’S BROKER RIGHT OF ENTRY AND INSPECTION.

A. A Tenant shall not unreasonably withhold consent to the Owner or the Owner’s Broker, including their representatives or employees, to enter the Premises to inspect the Premises to insure Tenant’s compliance with the terms of this Lease, to make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or to show the Premises workmen or contractors.
B. An Owner or the Owner’s Broker, including their representatives or employees may enter Premises without consent of the Tenant in case of emergency.
C. An Owner and the Owner’s Broker shall not abuse the right of access or use it to harass the Tenant. Except in case of emergency or unless it is impracticable to do so, the Owner or the Owner’s Broker shall give the Tenant at least one (1) day verbal notice of the intent to enter and may enter only at reasonable times.
D. Unless the Tenant has abandoned or surrendered the Premises, an Owner or the Owner’s Broker has no other right to enter the Premises during the Lease Term except as provided in this Lease or pursuant to a court order.
E. If the Tenant refuses to allow lawful access, the Owner or the Owner’s Broker may obtain a court order to compel access, or may terminate the Lease.
F. Notwithstanding the provisions of Paragraph 24 below, for the purpose of entry and inspection, notice may be posted on the Premises.

13. ATTORNEY’S FEES. In the event legal action or proceeding is brought by either Party to enforce any part of this Lease, the prevailing Party may recover, in addition to all other relief, reasonable attorney’s fees and costs to be set upon application to the court.

14. NOTICE. Notice to Owner is to be addressed to Owner’s Broker at the address listed above. Owner’s Broker is authorized to accept legal service on behalf of Owner. Any notice, except as otherwise provided below, required by this Lease to be given by one Party to the other, may be mailed by certified United States mail, postage prepaid, addressed to Owner’s Broker or Tenant at Owner’s Broker’s or Tenant’s address as set forth in this Lease, or delivered personally to Owner’s Broker or Tenant, and shall be deemed conclusively to have been given on the
date of the mailing or personal delivery. A written notice to terminate this Lease shall be personally served on the Tenant or Owner’s Broker. If the Tenant cannot be located, service shall be made by delivering the notice to any family member of such Tenant over the age of twelve (12) years residing with the Tenant. If service cannot be made on the Tenant personally or on such family member, notice shall be posted at a conspicuous place on the Premises. If the notice is posted, a copy of such notice shall be mailed to the Tenant by certified mail. If service cannot be made on the Owner’s Broker personally, the notice shall be mailed to the Owner’s Broker by certified mail.

15. SURRENDER.

A. CONDITION. Tenant agrees that upon vacating and surrendering the Premises, all fixtures and equipment in the Premises shall be in good, clean condition, except for ordinary wear and tear. Tenant shall at the time of vacating the Premises, thoroughly clean the Premises, including, but not limited to, all appliances and removal of all trash from the Premises.

B. SECURING. Upon vacating the Premises, Tenant shall lock the Premises.

PERSONAL PROPERTY. If the Tenant abandons or surrenders possession of the Premises, or has been
lawfully removed from the Premises through eviction proceedings, and leaves household goods, furnishings, fixtures, or any other personal property in the Premises, the Owner may take possession of the property, and if, in the judgment of the Owner, the property has no ascertainable or apparent value, the Owner may dispose of the property without any duty of accounting or any liability to any party. Any property left with the Owner for a period of thirty (30) days or longer shall be conclusively determined to be abandoned and as such the Owner may dispose of said property in any manner deemed reasonable and proper without liability to the Tenant or any other interested party. If in the judgment of the Owner the property has an ascertainable or apparent value, the Owner shall provide written notice to the Tenant by certified mail to the last-known address that if the property is not removed within the time specified in the notice, the property will be deemed abandoned. The Owner shall be entitled to recover any costs of storage, and removal.

16. DESTRUCTION OR DAMAGE OF PREMISES. The tenant will comply with the platform (Airbnb or other) rules for damages. The tenant shall REIMBURSE damage beyond normal wear and tear.

17. BREACH OF CONTRACT.
A. In the event of default by any Tenant, every remaining signatory shall be liable for timely payment of rent and shall be bound by all the terms, conditions and covenants of this Lease whether or not they are in actual possession of the Premises.

B. Should Tenant neglect or fail to perform and observe any of the terms of this Lease, Owner may deliver to Tenant written notice of the breach, specifying the acts and omissions constituting the breach of the Lease and that the Lease will terminate upon date.

C. In the event Tenant is engaged in, or otherwise allows illegal activities at the Premises; if the Tenant is disturbing his/her or their neighbors with an unreasonable noise level; if the police are called to the Premises due to any type of violent behavior; or if the Tenant has excessive traffic going in and out of the Premises, the Tenant may be given a notice to vacate, and all deposits will be forfeited.

D. Illegal/Criminal Activity. Any criminal activity committed by the Tenant, or by any member of Tenant’s household, or any guest or other person under Tenant’s control is cause for immediate termination of this Lease. Additionally, any danger to the Premises that threatens the health, safety, or right of peaceful enjoyment of the location, as well as any drug-related activity on or near the Premises conducted by the Tenant or by any member of Tenant’s household, or any guest or other person under Tenant’s control is cause for immediate termination of this Lease.

19. WAIVER BY OWNER. The waiver by Owner of any breach shall not be construed to be a continuing waiver of any subsequent breach. The receipt by the Owner of the rent with the knowledge of any violation of a covenant or condition hereto shall not be considered a waiver of breach. No waiver by Owner of the provisions herein shall be deemed to have been made unless expressed in writing and signed by Owner or the Owner’s Broker.

20. DISCLOSURE, CONFIRMATION, AND ADDENDUMS – ENVIRONMENTAL QUALITY.
A. Fair Housing. Owner and the Owner’s Broker and Tenant acknowledge and agree that Owner shall lease the Premises to the Tenant without regard to sex, race, religion, color, handicap, familial status, or national origin.
B. Licensee Disclosure. Owner is not a real estate licensee

21. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the Parties, and no promises or representations, other than those contained herein, have been made by Owner or Owner’s Broker. Any modifications to this Lease must be in writing and signed by Owner and Tenant.

22. The Booking Party. Tenant(s) and Owner(s) or Owner’s Broker acknowledge that they have read and understand the Lease and all attachments and addendums. They also acknowledge that they have received a copy of the Lease, attachments and addendums, and the Tenant accepts the Premises in its present condition.