RENTAL CONTRACT FOR ‘A PEACE OF HEAVEN’

PROPERTY MANAGER: Michael York

EMAIL: peaceofheavenrental@gmail.com
PHONE: (828)707-0393
SECTION 1. RESERVATION INFORMATION _


Rental Property Address: 611 Clark’s Creek Rd., Banner Elk, NC 28604

1.1 Tenancy Period.
Begins: _______________________________ Ends: ________________________________

1.2 Number of Guests.
Adults: ____________ Children: _____________ Pets: _____________

1.3 Guest Information.

Name: ___________________________________________
Address: _________________________________________
City/State/Zip: _____________________________________
Phone: ___________________________________________
Email: ___________________________________________

SECTION 2. TERMS OF 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 EVI-
DENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY
FOR A VACATION RENTAL.
According to the North Carolina Vacation Rental Act, this vacation rental agreement shall not be valid and en-
forceable unless the Tenant has accepted the agreement as evidenced by one of the following:
(i) The Tenant's signature on the agreement.
(ii) The Tenant's payment of any monies to the Owner or Property Manager after the Tenant's receipt of
the agreement.
(iii) The Tenant takes possession of Premises after having received the agreement.
As a condition of finalizing a reservation, including those booked with an instant booking feature, the Property
Manager, within three days of booking will send the guest this Rental Agreement and request that it be signed
and submitted within 72 hours after having been received by the guest. Guests must sign and submit the
Agreement to the Property Manager to finalize their reservation.

FAILURE TO FULLY REVIEW THIS RENTAL AGREEMENT DOES NOT PERMIT THE TENANT OR ANY OF
THE TENANT’S GUESTS TO BE EXEMPT FROM THE CONDITIONS DEFINED WITHIN IT.
SECTION 3. PAYMENT TERMS AND FEES _
3.1 Payment. Schedule.
For HomeAway/VRBO reservations, 50% of total balance is due immediately upon booking to hold the
reservation and the remaining 50% due 45 days prior to the check-in date. Tenant will receive an email
reminded them whenever a payment is due. Deposit of $100 is required to be held in the event of any
violations against this agreement that result in any additional fees, and will be refunded seven days after
check-out. For Airbnb reservations, the total balance is due at the time of booking and is held by Airbnb
until being transferred to the owner after the check-in date. Tenants who book through Airbnb, instead of
having a deposit held, agree to pay up to $100 in the event that there are any violations of this agreement
resulting in additional fees.

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3.2 Housekeeping Fee. 

A housekeeping fee of no more than $150 is required for each each reservation which covers the cost of
a professional turnover cleaning service to clean the cabin after each reservation.
3.3 Pet Fee. 

A fee of $30 is required for up to three pets to be permitted on Premises during Tenant’s reservation. This
fee covers the additional housekeeping costs required to keep the Premises allergy-free for all guests.
3.4 Early Check-in/Late Check-out Fee.
Early check-ins and late check-outs must be requested at time of booking or at least 24 hours in advance
and must be authorized by Property Manager. Early check-ins and late check-outs incur a fee of $25 per
hour and will be due at the time authorization is given by Property Manager. If the Tenant or any guests
arrive on the property before the agreed upon check-in time or remain on the property after the agreed
upon check-out time, then a fee of $50 per hour early/late will be incurred.
3.5 Damage Protection Fee. 

In order to allow for a significantly smaller damage deposit, Tenant is required to pay a $25 fee so that
Property Damage Insurance can be purchased for their reservation. Please note, for Airbnb bookings this
fee will be collected after the reservation is booked.
3.6 Security Deposit.
A small deposit of $100 is required in order to cover any minor damage done during the reservation and/
or any violations of this agreement that result in fees being incurred. For Airbnb reservations, instead of a
$100 charge being held in escrow until after check-out, Tenant agrees to pay up to $100 for any claims
resulting from breaches of this agreement.
SECTION 4. TERMS OF AGREEMENT _

4.1 Premises.
The owner of the Premises, B. York, henceforth and before known as “Owner” or “Landlord” in considera-
tion of the lease payments provided in this Agreement, leases to the Tenant, henceforth and before known
as “Tenant”, the following: the upper two of the three floors in the residential property located at 611 Clarks
Creek Rd., Banner Elk, NC, henceforth and before known as “Premises”, which amounts to 2,392 square
feet of space on the upper two floors of the home. Landlord’s private apartment, the private entrance to
Landlord’s private apartment, and the lower level of the outdoor deck (all on the basement level of the
home) are not included in the rented area of the home.
4.2 Property Manager/Agent Of Landlord.
Tenant is hereby notified that Michael York is the Property Manager supervising the Premises and all list-
ings for the Premises and will henceforth and before be known as “Property Manager”. Michael York is au-
thorized by the Landlord to act as the Landlord’s agent, acting on their behalf and in their best interest in
any and all matters relating to this vacation rental, including authorization to approve, deny, and cancel
reservations for Landlord’s property, collect monies owed by Tenants for reservations, enter into legal con-
tracts with Tenants regarding reservations, initiate damage claims, and so forth.
4.3 Deposit.
All funds collected from Tenant and not identified in this Agreement as taxes, fees, or rent payments will be
considered a deposit and shall be subject to the provisions of The North Carolina Residential Tenant Secu-
rity Deposit Act. Funds collected as a deposit will be deposited into a trust account and held until seven
days after Tenant vacates Premises if no damage is claimed against the deposit and no fees incurred dur-
ing reservation. The funds will be held at State Employees Credit Union located at 1470 Blowing Rock
Road in Boone, North Carolina 28607. Landlord may use the funds available in the deposit in the following
ways, as permitted in G.S. 42-51:
(iv) Tenant’s nonpayment of rent.
(v) Damage to Premises or any the contents within the Premises or on the property the Premises is locat-
ed on, including damage to or destruction of smoke or carbon monoxide alarms.
(vi) Damages as the result of the non-fulfillment of the rental period, except where Tenant terminated the
Agreement agreement under G.S. 42-45, G.S. 42-45.1, or because Tenant was forced to leave
Premises because of Landlord's violation of Article 2A of Chapter 42 of the General Statutes or was
constructively evicted by Landlord in violation of G.S. 42-42(a).
(vii) Any unpaid bills that become a lien against the demised property due to Tenant's occupancy.
(viii) The costs of re-renting Premises after breach of contract by Tenant, including any reasonable fees or
commissions paid by Landlord Property Manager to re-rent Premises, and any costs associated with
doing so, such as marketing costs.

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 (ix) The costs of removal and storage of Tenant's property after a summary ejectment proceeding.
(x) Court costs.
(xi) Any late fees or eviction fees permitted by G.S. 42-46.
(xii) Breach of the rental agreement and any additional charges or fees incurred by breach.
(xiii)The dollar value of any long distance or per call telephone charges and cable television charges that
were accumulated but left unpaid by Tenant at the conclusion of the tenancy.
Landlord shall apply, account for, or refund Tenant deposit monies as provided in G.S. 42-51 within 45
days following the conclusion of the tenancy (Property Manager will refund the deposit balance within
seven days if there is no damage to property or fees incurred).
4.4 Trip Cancellation Insurance
Tenant is advised that exceptions are not made for reservations that are not eligible for a refund according to
the cancellation policy, even for inclement weather. Therefore, it is highly recommended that guests purchase
Trip Cancellation Insurance for their reservation. This clause serves as Tenant’s acknowledgement of the no
refund policy for reservations cancelled by the Tenant not covered by trip cancellation insurance.
4.5 Early Check-in and Late Check-out.
If a Tenant wishes to change the time of their check-in or check-out from the standard times, the Property
Manager must be notified at least 24 hours before the check-in or check-out time to be modified and autho-
rization will be determined based on availability. If an early reservation is authorized by Property Manager,
Tenant agrees to pay an early check-in fee of $25 per hour preceding the standard check-in time of 4:00
PM, not exceeding $100 or four hours and due at the time authorization is given. Similarly, if a late check-
out is authorized by Property Manager, Tenant agrees to pay a late check-out fee of $25 per hour that the
Premises is still occupied after the standard check-out time of 11:00 AM, not exceeding $100 or four hours
and due at the time authorization is given. Tenants who take or hold possession of Premises before the
agreed upon check-in time or after the agreed upon check-out time will incur an unauthorized early check-
in fee or unauthorized late check-out fee in the amount of $50 per hour, due immediately. If a Tenant wishes
to check-in more than four hours before the standard check-in time of 4:00 PM, they may pay a fee equal-
ing one half of the rental rate for the day preceding their check-in date, if available, and the Property Man-
ager will mark that date as blocked so no one will be able to reserve it. This allows the cabin to be prepared
for check-in the day before the Tenant arrives instead of on the same day, while also offsetting the cost of
blocking the day off to facilitate the early check-in.
4.6 Occupants.
No more than 12 person(s) may reside in Premises unless the prior written consent of the Landlord is giv-
en. Violation of this clause may result in additional rental fees or immediate eviction from Premises with no
refund of rental charges. The number of expected occupants must be disclosed in the first section of this
agreement. Tenant may have up to five visitors on Premises in addition to the guests in their rental party
but visitors are not permitted to stay at the cabin overnight.
4.7 Rental Party Responsibility.
Tenant is responsible for ensuring all persons in the rental party are aware of and abide by the terms of this
agreement and all house rules. Primary Tenant assumes all liability for any breach of the terms of this
agreement by any member of their rental party and all damages done to Premises or the contents belong-
ing to Premises.
4.8 Damages to Property.
Tenant is required to pay a $25 Damage Protection Fee for Accidental Property Damage Insurance to be
purchased on their behalf in order to to cover any accidental damage done to the property or it’s contents
during the reservation. In the event that damage done to the property or it’s contents is not accidental, Ten-
ant will be financially responsible for the cost of replacement or repair. An inspection of the Premises and
it’s contents is done after each reservation to ensure that no Tenant is held responsible for damage that
were not caused during their reservation. Normal wear and tear is not considered damage.
4.9 Pets.
Tenant is not permitted to have more than three dogs. Cats are not permitted. Dogs must be up to date on
flea and tick medication. Tenant will be charged $30 fee if any pets are going to be on the Premises during
the reservation, due at the time of booking. Pets must be leashed while outdoors. Tenant is required to re-
move any waste left by their pets both inside and outside Premises and dispose of it in the outside trashcan
using the provided doggy bags. Undisclosed pets will incur a $100 fee, deducted from the security deposit.

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4.10 Parking.
Tenant is permitted to use up to three parking spaces in the parking area located directly in front of the
Premises as well as two parking spaces in the extra parking area located at the beginning of the driveway.
Guest may not use the parking space marked as “Reserved”, located to the far left when arriving at the
parking area. Vehicles that are parking in the reserved parking space or are prohibiting access to the re-
served parking space will be required to move their vehicle immediately. Parking spaces are not to be used
trailers, boats, campers, buses or trucks.
4.11 Gas Fire Pit and Fire Burning.
Tenant agrees to safe use of the provided gas fire pit. All persons included in the rental party and all guests of
the rental party agree to comply with the following rules and policies regarding burning fires and using the gas
fire pit while on the property. Guests and guests of guests are not permitted to have a fire anywhere on the
property at any time for any reason. Guests shall not use the provided gas fire pit for cooking, roasting
marshmallows, burning items, disposing of trash or cigarette butts, or any other reason for which the fire pit
was not intended to be used. If remnants of food or any other items not meant to be burned in the fire pit are
found during the post-check-out inspection, the Tenant will be charged a fee to clean or replace whatever part
of the fire pit necessary to restore it to it’s original state. Guests are not permitted to disconnect the gas tank
from the provided fire pit nor are they permitted to connect a new gas tank to the provided fire pit - if the gas
tank is low or empty and guests wish to use the fire pit, the Property Manager should be notified so the empty
tank can be promptly replaced at the earliest convenience. Guests are not permitted to burn wood or any oth-
er fuel source in the provided fire pit or anywhere on the property at anytime for any reason. Guests who burn
firewood or any other flammable items on the property are putting the cabin in danger by risking fire damage
and will thus will be charged a significant fee, asked to vacate the property, or both. All guests on the property
whether included in the rental party or guests of the rental party are solely liable for their own safety when
using the gas fire pit; the owner nor the owner’s agents are liable for any injuries caused by the gas fire pit
unless the injury is due to the gross negligence of the owner or owner’s agents.
4.12 Minimum Age, Excessive Noise, And Parties.
Primary Tenant must be at least 25 years old to make a reservation. Anyone in Rental Party below age 18
must be accompanied by a legal guardian. Loud noises including but not limited to yelling, high volume mu-
sic, and above average TV volume are not permitted between 12 AM and 7 AM. No house parties are per-
mitted at Premises. Evidence indicative of a house party may result in immediate eviction from Premises
with no refund of any rental charges. The Premises is not permitted to be used as a venue for parties, stu-
dent vacations, weddings, et cetera.
4.13 Maintenance.
Landlord shall have the responsibility to maintain the Premises in reasonably good repair at all times and
perform all repairs reasonably necessary to satisfy any implied warranty of habitability except that Tenant
will be responsible for. Tenant is responsible for keeping doors and windows closed while operating the
HVAC system and proper use of the septic system. Except in an emergency, all maintenance and repair
requests must be made in writing and delivered by electronic message to Landlord or Property Manager. A
repair request sent by Tenant will be deemed permission for the Landlord, Property Manager, or their Agent
to enter the Premises to perform such maintenance or repairs unless otherwise specifically requested in
writing by Tenant. Tenant may not place any unreasonable restrictions upon Landlord Property Manager or
their Agent’s access or entry to Premises. Landlord shall have expectation that the Premises is in a safe
and habitable condition upon entry.
4.14 Advanced Payments and Disbursement of Rent.
Tenant authorizes Property Manager to disburse up to 50% of the rent to Landlord (or as Landlord directs)
prior to Tenant's occupancy of the Premises, and the balance of the rent upon the commencement of the
tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted under the North Carolina
Vacation Rental Act. Tenant also authorizes Property Manager to disburse prior to Tenant's occupancy of
the Premises any fees owed to third parties to pay for any goods, services, or benefits procured by Proper-
ty Manager for the benefit of Tenant, including but not limited to any fees set forth herein payable to Proper-
ty Manager for reservation, transfer or cancellation of Tenant's tenancy. Any funds not disbursed prior to the
commencement of the tenancy will be held in a Trust account at a federally insured bank doing business in
the state of North Carolina.
4.15 Cancellation.
For HomeAway reservations, If written notice is received by the Property Manager no less than 60 days
prior to the beginning of the reservation then the Tenant is entitled to a full refund. If cancellation is re-
quested within 60 and 30 days of the beginning of the reservation, the Tenant is eligible for a 50% refund of

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 all monies. If the reservation is cancelled within 30 days of the reservation, the Tenant is not eligible for a
refund. If the unit is re-rented for any of the dates cancelled by a Tenant, the Property Manager will issue
the Tenant a prorated refund for the dates that are re-rented, including the nightly rate and any taxes paid.
For Airbnb reservations, if written notice is received by the Property Manager anytime before seven days
prior to the beginning of the reservation then the Tenant is entitled to a 50%, anytime within seven days
Tenant is not entitled to a refund. For Airbnb, if a Tenant decides to cancel their reservation within 48 hours
of booking, they can cancel penalty free.
4.16 Reimbursement.
Tenant is eligible for full reimbursement in the following circumstances:
(i) If, at the time Tenant is to begin occupancy, Landlord or Property Manager cannot provide Premises to
Tenant in a fit and habitable condition or substitute a reasonably comparable property in such condi-
tion, Landlord will refund to Tenant all payments made, except in the situation(s) provided in G.S. 42A-36.
(ii) If, in compliance with the cancellation policy set forth in this vacation rental agreement, Landlord can-
cels Tenant’s reservation and the Premises is re-rented by another Tenant.
4.17 Mandatory Evacuation.
If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant
shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for
each night that Tenant is unable to occupy the Premises because of the order; however, Tenant will not be
entitled to a refund if, prior to taking possession of Premises:
(i) Tenant refused insurance offered by Property Manager or third party that would have compensated
Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacua-
tion order, or
(ii) Tenant purchased such insurance from Property Manager.
4.18 Breach of Contract/Automatic Forfeiture.
Tenant shall be in breach of this Agreement if Tenant fails to fulfill any Agreement obligation or term by
which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any
financial obligation within 24 hours (or any other obligation within six hours) after written notice from Land-
lord or Property Manager, Tenant shall be in breach of contract and deemed to have forfeited the Agree-
ment. If Tenant breaches the contract laid out herein, Tenant will be subject to having additional rental fees
charged to them or, in the event of a breach deemed to be irreparable, illegal, or otherwise of a serious
nature by the Property Manager, have their reservation terminated and asked to immediately and peaceful-
ly vacate the Premises.
4.19 Expedited Eviction.
The Vacation Rental Act of North Carolina permits Landlord and Property Managers to seek an expedited
eviction of Tenant, if occupying Premises for 30 or less days, under specific circumstances and when permit-
ted to do so by the proper authorities. Before commencing an expedited eviction proceeding, Landlord or
Property Manager will give 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 Premises.
4.20 Access To Premises.
Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord and Property Manager
shall have the right to enter the Premises to make inspections and provide necessary services. Landlord
and/or Property Manager will provide reasonable notice of its intention to enter the Premises of no fewer
than two hours. As provided by law, in the case of an emergency, Landlord and/or Property Manager may
enter the Premises without Tenant's consent.
4.21 Indemnity Regarding Use Of Premises.
To the extent permitted by law, Tenant and Tenant’s guests agree to indemnify and hold harmless Landlord
and Landlord’s Agents from and against any and all losses, claims, liabilities, expenses, and injuries, in-
cluding reasonable attorney fees, if any, which Tenant and/or Tenant’s guests may suffer or incur in con-
nection with Tenant and/or Tenant’s guests’ possession, use, or misuse of the Premises, except in the case
of willful negligence of Landlord and/or Landlord’s Agents. Tenant and Tenant’s guests hereby expressly
releases Landlord and/or Landlord’s Agents from any and all liability for loss or damage to Tenant's proper-
ty or effects whether in the Premises or any other location in, about, or around the Premises, arising out of
any cause whatsoever, including but not limited to rain, plumbing leakage, fire, theft, and/or acts of God
except in the case that such damage has been adjudged to be the result of the willful gross negligence of
Landlord and/or Landlord’s Agents.


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4.22 Compliance With Laws Regulations.
Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state,
county, municipal and other authorities.
4.23 Severability; Waiver.
If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining
provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is
invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then
such provision shall be deemed to be written, construed, and enforced as so limited. The failure of either
party to enforce any provisions of this Agreement shall not be construed as a waiver or limitation of that
party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
4.24 Dispute Resolution.
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly
negotiations amongst the parties. If friendly negotiations are not successful in resolving the entire dispute,
any outstanding issues will be submitted for mediation to the vacation rental company the reservation was
booked through. If still not resolved, a neutral arbitrator shall mediate the dispute and the resolution shall
be binding according to this agreement.



Section 5. Signatures _



Sign and date below to confirm the acceptance of this rental agreement.

_________________________________________ ___________________
Owner Signature Date Signed

_________________________________________ ___________________
Tenant Signature Date Signed

SUBMIT THIS DOCUMENT WITHIN SEVEN DAYS OF RECEIVING IT TO FINALIZE YOUR RESERVATION

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