Terms & Conditions
1. The premises will be occupied ONLY by the number of adults and children stated above. Occupancy of the premises by any additional persons is a breach of this agreement and may result in forfeiture of Tenant’s security deposit at the sole discretion of Owners or their agent.
2. RENT: Tenant agrees to pay 100% of total rent amount and security deposit. The total amount is charged at the time of booking and a deposit equal to 25% of total amount must be paid at the time of reservation. The balance due must be paid 60 days prior to the date of arrival. If the arrival date is within 60 days of the reservation, the Tenant agrees to pay the total amount within five days. We understand this is a strict policy, however, these properties are in high demand and in order to be fair to the homeowners we ask that you be fully committed before making the reservation.
3. CANCELLATION: Schwartz Property Sales, Inc. reserves the right to cancel any reservation. If Tenant cancels the reservation, owners or their agent will attempt to rebook the premises at the same rate. If owners or their agents are able to rebook the premises, tenant will receive a refund less a $100.00 cancellation fee. If owners and their agent are unable to rebook the premises, Tenant’s rental payment, excluding departure-cleaning charges, will be forfeited as follows: 100% is forfeited if cancellation is within 60 days of the arrival date; 25% is forfeited if cancellation is more than 60 days prior to the arrival date. Please notify us as soon as possible of cancellation and then send a WRITTEN NOTICE OF CANCELLATION.
4. SECURITY DEPOSIT: The security deposit may be covered with credit card or with a check. If you choose to pay by check, please send a separate check for the deposit. Tenant shall provide a security deposit in the amount previously stated no later than five days after the contract is signed and received. Owners and their agent may use all or any portion of the security deposit reasonably necessary to (a) cure Tenant’s default in payment of rent or other sums due; (b) repair damages caused by Tenant or by a guest or licensee of Tenant; (c) clean the premises in excess of normal clean, if necessary upon expiration of the term; (d) furniture or carpet cleaning if damaged due to TENANT carelessness or (e) replace or return personal property, excluding ordinary wear and tear. No later than thirty days after the departure date, Owners and their agent shall furnish Tenant an itemized written statement of the basis for, and the amount of, any security deposit received and the disposition of the security deposit and shall return any remaining portion of the security deposit to Tenant. If damage for which Tenant is responsible exceeds the amount of the security deposit, Tenant hereby authorizes Owner and agent to charge Tenant’s credit card identified in this agreement for such additional damage.
5. UTILITIES: Most rental properties have a long distance call block, which will require you to place long distance calls using a credit card or calling card. In the event that there is no call block in effect TENANT SHALL BE RESPONSIBLE FOR ALL LONG DISTANCE CALLS OR OTHER CHARGES RELATED TO HIS/HER USE. Tenant agrees to pay for any services hired by Tenant. Tenant acknowledges that in the Florida Keys, it is important to conserve electric and water resources. As such, excessive usage of electric and water may be chargeable against the security deposit.
6. USE: Tenant shall not disturb, annoy, endanger, or interfere with neighbors, nor use the premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance upon or about the premises. Tenant shall not hold Owner or Agent liable for personal property lost or left behind. No house parties are allowed. Tenant acknowledges that per Monroe County Code, all tenancies must be for at least 28 days in duration and that subletting is not permitted. Tenants who sublet may be subject to fines of up to $250/day.
7. Water Hazards and Open Water Access: Tenant acknowledges and specifically understands that drowning is the leading cause of death of young children in Florida and is also a significant cause of death for medically frail elderly persons. Consequently, Tenant agrees, as a material condition of this rental agreement and as a material inducement to Owner to enter into this rental agreement, to constantly supervise, or provide constant adult supervision, when children or medically frail elderly persons use, are near, or have any possible access, intentional or unintentional, to the swimming pool or open water access that is part of the rental premises.
Tenant further acknowledges and understands that the subject swimming pool and rental premises contain pool safety features designed to deny, delay or detect unsupervised entry to the swimming pool so as to reduce the risk of drowning or near-drowning incidents. Consequently, Tenant agrees, as a specific material condition of this rental agreement and as a material inducement to Owner to enter into this rental agreement, to use all such safety devices as intended and to advise all family members, quests and invitees of said requirement, including, without limitation, any gate latches, exit alarms if applicable or swimming pool safety covers, if applicable.
8. RULES AND REGULATIONS: Tenant agrees to comply with all reasonable rules or
regulations posted on the premises or delivered to Tenant by Owner. ABSOLUTELY NO SMOKING OR PETS UNLESS PREVIOUSLY ARRANGED. Any violation of this rule will result in the forfeiture of your entire deposit. Every rental property is individually owned and therefore, furnished and equipped according to the taste of the owner. Each property is equipped with a telephone, a color television, linens, cookware and air conditioning. You may check with the rental AGENT regarding a specific item of inventory. You will be responsible for all necessary paper products, soap, food and other items. In the event of a problem with an appliance or other equipment during your stay please notify the rental AGENT immediately. We will make every effort to remedy the situation, however, SCHWARTZ PROPERTY SALES IS NOT RESPONSIBLE for the breakdown of equipment or any other situation for which we have no control. WE CANNOT SWITCH OR MOVE YOU TO ANOTHER PROPERTY.
9. WEATHER: In the Florida Keys we are subject to tropical weather conditions, which may include Tropical storms, Tornadoes, and Hurricanes. In the event of severe weather conditions, you must follow the guidelines set forth by the Monroe County Emergency Management (MCEM) 1-800-427-8340. MCEM will make announcements on the television and radio. If MCEM issues a mandatory evacuation order, you must check out. The minimum rental period in the event of an MCEM evacuation is seven (7) days. A prorated amount for the number of days spent in the premises will be determined and a refund issued for unused days starting the day following the evacuation date.
10. PAYMENT METHODS: We accept payment by VISA, MASTER, AND Discover CARD. PERSONAL CHECKS are only accepted if received at least six weeks prior to the arrival date. CERTIFIED CHECKS, CASHIERS CHECKS, and TRAVELERS CHECKS are also accepted. All funds must be received in US dollars. WIRE TRANSFERS are accepted, however, guest is responsible for all related fees. If the arrival date is within six weeks, full payment is required at the time of reservation. For reservations made at least six weeks prior to arrival, fifty percent (50%) of the total due must be paid at the time of reservation, and the balance is due six weeks prior to arrival.
11. CLEANING: THERE WILL BE NO MAID SERVICE. PLEASE REMEMBER YOU ARE RENTING A PRIVATE HOME, NOT A HOTEL ROOM. We expect you to treat the property as if it were your own home. You are expected to take the garbage out and launder regularly. After your stay, the home will be inspected. Our cleaning service will perform a departure clean. We request that you leave the home picked up and any dishes put into the dishwasher and started. Do not make up the beds, which have been used. Tenant must take trash from home to nearest disposal site. There is a separate charge of $50.00 for trash left behind and or dirty dishes left undone. In addition, if the home is left excessively dirty or in disarray or the furniture has been moved the cleaning fee will be doubled and deducted from your security deposit.
12. GENERAL INFORMATION: Check-in time is anytime after 3:00 P.M. of arrival day. Tenant shall make arrangements with the rental AGENT as to check in procedure. Directions will be faxed, e-mailed or mailed to you once full payment has been received. Check out time is 11:00 am. Keys and/or gate cards MUST BE RETURNED to the Schwartz Property Sales AGENT. You will be charged $25.00 for every key that is not returned at check out and/or any necessary locksmith charges that may be required. You will be charged $50.00 for any security gate card that is not returned at check out. These charges will be deducted from the SECURITY DEPOSIT. In addition to your responsibilities described above, under the headings of CLEANING, you MUST check that all doors and windows are closed and locked, set the air conditioning thermostat to 78°, and advise AGENT in writing of any item that was damaged or in disrepair.
13. Monroe County Special Vacation Rental Permit Regulations and Conditions;
No more than one motorized watercraft, including a jet ski or wave runner, shall be allowed at
each vacation rental unit. The watercraft may be moored at either an existing on-site docking facility or stored on a trailer in an approved parking space.
Vehicles, watercraft and trailers must not be placed on the street or in yards. All vehicles,
watercraft and boat trailers must be parked or stored off-street in parking spaces specifically designated and approved in the special vacation rental permit, and may not exceed a maximum of one vehicle per bedroom or efficiency unit and one boat trailer per vacation rental unit.
No boat docked at a vacation rental property shall be chartered to a person other than registered
Guests of the vacation rental unit or used for live-aboards, sleeping or overnight accommodations. In addition, recreation vehicles shall not be used for sleeping or overnight accommodations at the vacation rental unit.
Amplified sound which is audible on private property beyond the real property boundaries of the vacation rental property is prohibited.
All trash and debris on the vacation rental property must be kept in covered trash containers. Each
vacation rental unit is equipped with at least four (4) covered trash containers for such purpose. Owners must post, and occupants must comply with, all trash and recycling schedules and requirements applicable to the vacation rental unit. Trash containers must not be placed by the street for pick-up until 6:00 p.m. the night before pick-up and must be removed from the area by the street by 6:00 p.m. the next day.
Tenant must allow Monroe County Code Enforcement to inspect the rental premises/vacation rental unit at any time concerning compliance with Monroe County Chapter 9.5(i.e., the Land Development Regulations).
Occupancy of vacation rental unit(s) shall be limited to no more than two (2) individuals per
bedroom, or no more than two (2) individuals per efficiency unit, when rented as a vacation rental unit subject to the provisions of Monroe County Ordinance No. 004-1997.
Guest’s agreement to the foregoing rules and regulations is a material part and condition of the
subject Rental Agreement under Florida Statutes Section 509.01 and Monroe County Ordinance No. 004-1997. These and any other vacation rental regulations with which Guest must comply shall also be prominently posted within the rental premises/vacation rental unit.
Violations of any of the vacation rental regulations constitutes a violation of Monroe
County Code punishable as a second degree misdemeanor and is also grounds for
immediate termination of the lease and eviction from the leased premises and criminal
penalties under Florida Statutes Section 509.151 (“Defrauding an Innkeeper”), Section
509.141 (“Ejection of Undesirable Guests”), Section 509.142 (“Conduct on Premises”) or
Section 509.143 (“Disorderly Conduct on Premises, Arrest”).
14. Radon Gas Disclosure: Radon gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your local health department.
15. INDEMNIFICATION AND HOLD HARMLESS: Tenant agrees to indemnify and hold harmless Agent and the Owner from any and all liability, claims, loss, damage or expenses arising by reason of any injury, death or property damage sustained by any person (including Tenant’s guest) where such injury, death or property damage is caused by a negligent or intentional act of TENANT or any guest of TENANT.
16. ACKNOWLEDGMENT: The undersigned have read the foregoing prior to execution and acknowledge receipt of a copy. In any action or proceeding arising out of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief awarded.