Sample Short Term Rental Agreement
As websites like Airbnb, have become more popular, the short term rental business has also become increasingly popular for landlords, property developers and entrepreneurs. While most people have great experiences on these sites, it can take just one unruly guest to wipe out all profits in a single night, or even worse.
Most people are of course honest, but an email inquiry from a person looking for a quiet weekend away with their
Here is a sample rental agreement which you can use for your property and adjust it to your needs. This agreement is not intended to be used as a proper legal document and you should seek proper legal advice in the area your business is located, should you require a more legal compliant option.
You can copy and paste the document below or download a copy from Google drive.
Short Term Rental Contract
House Rules
No smoking, parties, or events
Check-in time is strictly after 3PM and check out is to be done by 11AM.
Guest name: ___________________________
Property address: _______________________
Host's name: ___________________________
1. Acceptance of property: Guest agrees to accept the property upon arrival, provided it meets the basic description as listed on _________________.
2. Reporting Damage: Guest agrees to keep the property in good condition, and upon guests' departure, the property is to be left in a good and habitable condition. Any damage to furnishings, fixtures, or furniture or other notable conditions found upon arrival will be reported to the Host/Manager within one (1) hour of occupancy.
3. Damage Policy: Guests shall be responsible for all damage, breakage and/or loss to the property, except for normal wear and tear and unavoidable casualties (as deemed by Host in its sole discretion) which may result from guests' occupancy. Guest agrees that all pipes, wires, glass, plumbing, household contents, and other equipment and fixtures will be in the same condition upon departure as at the time if check-in, reasonable wear and tear and damage by unavoidable fire and casualty the only exceptions. Guests understand that the property will be inspected prior to guests' arrival and upon guests' departure. You acknowledge any loss and/or damage to the property will result in a charge or charges for repair and/or the replacement value.
Notwithstanding the foregoing, the guest agrees to pay the host the damage in the amount set forth in this agreement in consideration for providing the guest with accommodation at the property. If during guests' occupancy of the property, guests cause any damage to real or personal property of the property as a result of inadvertent acts or omissions, the guest will reimburse the host for the cost of repair or replacement of such property up to the amount. The rental damage will take effect upon check-in, and will end on the actual date of departure from the property. The rental damage includes but is not limited to any loss or damage due to (a) intentional acts of the guest, (b) gross negligence or willful misconduct of the guest, (c) any cause if guests do not report the loss or damage to the host by the departure date, (d) loss of use of the property due to damage, (e) theft or damage to any property owned by or brought by host to the property, (f) theft or damage caused by anyone visiting other than guest, (g) theft without a valid police report, (h) damage without a valid police report or (i) damage or theft in the Property if the number of persons occupying the property exceeds the number specified in the reservation. All damage or theft for which a claim may be made must be reported to Host no later than the departure date.
4. Smoking: There is to be no-smoking under any circumstances on the property. Any violation of the smoking policy will incur a $1,000.00 additional "Smoke Damage" cleaning fee to remove smoke odors from the house and/or linens.
5. Pets: There are to be no pets on the property, except with prior written authorization and payment of the appropriate pet fee. Guests who bring a pet or pets without approval will be charged the per pet fee and will be immediately evicted from the Property.
6. Maximum number of occupants: The property is to be occupied by no more than the maximum sleep number stated on the reservation unless approved in writing by the host. If the guest exceeds the occupancy limit and falsifies occupancy information at the time of reservation, the guest shall be subject to eviction. "Occupants" includes small children, infants and any and all visitors. If more than the maximum number is found to be occupying the property at any time, you agree that a charge of $100.00 per person/per day will be made to your credit card. Additionally, this agreement may be immediately terminated without a refund of any amounts paid. No Exceptions. All parking, noise and community rules and restrictions must be followed.
7. No events/vendors: Any vendors entering the Property are prohibited.
8. Security/Damage Deposit (if applicable): If there are damages that require us to retain part of your damage deposit, evidence will be provided.
9. Check-In: Check-In is no earlier than 3PM on the day of arrival unless prior arrangements have been made with the host in writing.
10. Check-Out: Check-out is no later than 11AM on the day of departure. Check-out is defined as being completely off the property with the key returned. The entire 4-hour window between check-out and check-in is needed to adequately clean and prepare the property for the next guest. Out of respect for our housekeeping staff and newly arriving guests, we ask that you adhere to our arrival/departure times. If you fail to be completely out by 11 am without prior approval you will be charged a minimum of $75. Special arrangements must be made ahead of time to be sure that a longer stay will not pose a problem. Please understand that this is not meant to be an inconvenience, but to ensure that everyone has the same opportunity to enjoy their stay at the property. There shall be no pro-ration of the total occupancy rate for late arrivals or early departures.
11. Guests' Responsibility for Check-out: Prior to vacating the property, the guest is responsible for placing all trash into the proper containers and cleaning all dishes and cookware that were used during the stay. Leaving a pile of dirty dishes for the cleaning crew will result in additional housekeeping fees to be charged to the card on file. Placing wet garbage or other non-recyclable trash into the "Recyclables Only" bin or the green "Yard Debris" bin will result in those bins not being accepted by the waste management company and creates extra work for the cleaning crew. The result will be additional charges to cover additional work and additional garbage pickup. Guest is also responsible for locking all doors and setting the alarm. Make sure to leave all garage remotes and extra keys, returning keys to the lockbox. Not complying with any of these conditions could result in additional charges.
12. Utilities: The Total Occupancy Rate assumes and includes a reasonable usage of utilities. Your Kilowatt consumption allowance is 150 KWH a day. If you change the Thermostat below 74 degrees it will affect the daily allowance and additional charges will be assessed for excessive usage at the daily allowance rate as follows: $0.16 cents per KWH. Running the Air Conditioning at a temperature setting below 72 degrees will use excessive electricity and could possibly freeze up the unit.
13. Pool Heating: Your gas Therm consumption allowance is 20 Therms per day. Raising the pool heat above the pre-set temperature of 84 degrees during your stay will affect the Therm consumption and may exceed your Therm consumption allowance. Additional charges will be assessed for excessive usage at the daily allowance rate as follows: $2.00 per Therm to cover the additional gas usage.
14. Additional Rules: Additional House Rules and Procedures may be clearly posted within the property or in the property binder by the host, and are to be followed in addition to the rules and procedures set forth herein.
15. Neighbor Complaints: Actions by guests that result in neighbor complaints or the police being called to the property will result in a minimum $250 charge, which charge will be used to deal with potential HOA legal issues and fines. If the police are called out a second time, guests will be immediately evicted. Guests shall be liable for any and all costs incurred by Hosts as a result of the breach of section 20.
16. Illegal Substances: Illegal substances are strictly prohibited and grounds for immediate eviction from the property. You, your guests and visitors, agree that any drug use on the property, or using the property for any immoral or unlawful purpose, or violation of any law or ordinance on or about the Property will immediately terminate your occupancy and be grounds for immediate eviction from the Property. You shall be liable for any and all costs incurred by Host as a result of the breach of Section 21.
17. Entering Premises: Host or the host's agent may enter the property at any time, with no prior notice, in the event of an emergency, in order to perform necessary repairs and/or maintenance; and with 24 hours’ notice, for normal maintenance.
18. Moving Furniture: The host shall provide furniture and fixtures, linens and towels, and a fully equipped kitchen. Guests are responsible to return any furniture that was moved to its original position.
19. Forgotten Items: Host shall not be liable or responsible for personal items left behind, lost or stolen. If you leave an item after checking out and wish to have it returned, message host as soon as possible and we will arrange for shipment. We will inform you of the shipping cost and with your approval, charge the credit card on file to cover the expense.
20. Liability: Host shall not be liable to guest, its guests or invitees or any other person for any injury, loss or damage to any person or property on or about the property. Guest shall hold host harmless and indemnify host from and against all loss, injury or damage occasioned by the use or misuse or abuse of any part of the Property and from or against any omission, neglect, or default of guests, or invitees.
21. Subletting: This agreement may not be assigned, or the property sublet or occupied by anyone other than guests.
22. Changing the Locks: No physical changes to the property or changing of locks on the property are permitted.
23. Film/Video: The property shall not be used as a location for amateur or professional film/video without the prior written consent and arrangement with the host.
24. Indemnify and Hold Harmless: You agree to indemnify and hold Host harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the Property by you, your guests or invitees, or from any carelessness, neglect, or improper conduct of any persons occupying or visiting the property during your occupancy pursuant to this agreement.
25. Minimum Age to Rent: Guests must be at least 21 years of age to enter into this agreement and reserve this Property. The host may request proof of age.
26. Exceptions: Any exceptions to the rules and regulations as written herein must be approved in writing in advance by the host.
27. Booking Policy: Occupancy rates naturally fluctuate throughout the year based on market conditions. When reservation confirmation is received, occupancy rates are locked in for the dates in the reservation. Should occupancy rates go up, you understand you will not be required to pay more. In addition, should occupancy rates go down, you understand you will not be entitled to a refund.
28. Amenities: The host makes every attempt to ensure that the property lives up to the cleanliness and amenities of the pictures and/or video as seen on the host’s website. Naturally, some of the Property' s amenities will need to be replaced or changed over time and may not be the specific amenity shown in the pictures.
29. Floor plan: The property floor plan is for basic, informational purposes only. Please be aware that the property may have a closet, pantry or small garage bay that is locked and unavailable to guests.
30. Pool/spa: We do everything in our power to make sure that the shared pool and/or spa at the property are functioning properly for your stay. If circumstances beyond our control cause the shared pool and/or spa to not function properly, you will not be entitled to a refund of daily pool/utility fee for as many full days as the pool and/or spa were not functioning. As used herein, pool and/or spa malfunction shall mean a breakage of the heater or pump.
31. Home Owner Association: If the Property is part of a Home Owner's Association (HOA) there will be additional rules and restrictions that all guests must abide by. A copy of the HOA rules should be in the property, but if they are not, please let us know. Guests agree to maintain the property in good order and appearance and abide by the HOA rules. "Quiet Time" in HOA developments is from 10 pm to 8 am. Loud parties on the property that are in a HOA, or on HOA premises are prohibited and grounds for immediate eviction. Guests agree there will be no disturbance, annoyance, endangerment or inconvenience of the neighbors. Due to the proximity of the property, using vile or obscene language while outdoors is likely to disturb and annoy the neighbors. Please refer to the property description on our web site for the allotted number of parking spaces. One garage bay may be designated for the host's personal storage and/or vehicle. RV campers and/or tents on the premises or parking area are forbidden. Garage doors are to be closed when not in use. You shall be liable for any and all costs incurred by Host as a result of the breach of this Section 37.
32. Extraordinary Circumstances: There may be circumstances in which the property might not be available for your stay. Examples of these include (but are not limited to) destruction of or damage to the property, changes in local occupancy regulations, or other reasons. In the event the Property is not available, for whatever reason, we will do our best to make alternative arrangements for you where possible. If we cannot, or if the alternative arrangements are not acceptable to you, then we will refund all monies paid. This will be the full extent of our liability to you in such circumstances, and we will not be responsible for any other costs connected with any such cancellation, howsoever arising.
33. No Refund Policy: While every attempt is made to keep properties in good working order, occasionally things break, fail or go out of adjustment. This is an unavoidable part of life. This may include, but is not limited to, disruption in internet service, pool or spa heat, or AC system. When these types of things happen, Host will make every attempt to correct or repair the problem as soon as possible, but only after the host has been alerted to the problem. However, it may happen that a repair cannot be made during the time the guest occupies the property. For example, if cable TV service is disrupted over a weekend and the cable company cannot schedule an appointment until the following Monday, the repair will not happen over the weekend. No matter what happens, if the property is otherwise habitable and the Guest remains in the property, the guest hereby confirms and agrees that no refunds will be issued.
34. Arbitration: If the guest becomes dissatisfied for any reason with the property or the fees charged, we encourage the guest to bring that to our attention immediately. We believe most problems can be rectified by communication and discussion. However, a dispute could arise which cannot be resolved by negotiation. We believe that such disputes are most satisfactorily resolved through binding arbitration rather than by litigation in court. Therefore, any controversy between the parties under this agreement and any claim arising out of or relating to this agreement or its breach shall be submitted to binding arbitration in _______ County, _______ State before a retired judge or justice. If we are unable to agree on a retired judge or justice, each party will name a retired judge or justice and the two named persons will select a neutral judge or justice who will act as the sole arbitrator. The prevailing party in any arbitration or another court proceeding shall be awarded its reasonable costs and attorneys' fees incurred in connection with the dispute. Guest confirms that it has read and understands the above paragraph regarding arbitration, and voluntarily agrees to Binding Arbitration.
35. Entire Agreement: This agreement constitutes the entire agreement between the parties relating to the Property, and it supersedes any and all prior memoranda, options, oral agreements and understandings of the parties respecting the subject matter of this Agreement, and supersedes all other prior documents made by the parties in connection with the transaction described herein.
I HAVE READ AND UNDERSTAND THE ABOVE RULES AND REGULATIONS FOR THIS PROPERTY.
I CERTIFY THAT I AM AT LEAST 21 YEARS OF AGE AND THAT I WILL BE HELD RESPONSIBLE FOR THE CARE OF THIS PROPERTY BEING RENTED UNDER MY NAME.
I ACCEPT FULL RESPONSIBILITY FOR DAMAGES OR EXTRA CLEANING CHARGES, SHOULD THEY BE DISCOVERED DURING OR AFTER DEPARTURE.
Signed: _________________________________
Date: ___________________________________