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Las Casas de Oro Rental Agreement
This agreement entered into this ___________________(date) between Jane N Seavers (henceforth "Owner") and __________________________________________________________ (henceforth "Guest") for the rental of the property located at __________________________________in consideration of their mutual promises agree as follows:
1. Owner rents to Guest only the premises known as ______________________, Pinos Altos, New Mexico. Guest agrees to use said dwelling unit for________________ (# of adults and children). If there any changes to the number of regular guests, the owner will be notified.
2. The terms of this lease shall be first for the period of _____________commencing at 3 pm on __________________, until 11 a.m. on __________________________when Guest shall vacate premises. Any holding over thereafter shall result in guest being liable to Owner for "rental cost/damages".
3. Payment: Upon signing of this agreement, Guest agrees to pay the amount of __________per month for the rental.
4. Completely refundable security deposit equal to 4 weeks rent for the amount of $______________. Owner may withhold of this deposit only such amounts as are reasonably necessary to remedy tenant defaults or damages to premises caused by Guest exclusive of ordinary wear and tear, and per Article 19.
5. $ 65.00 non-refundable cleaning fee
6. $50.00 non-refundable pet fee
7. There will be a $35.00 service charge for any check returned to the bank unpaid.
8. Cleaning deposit: Guest has agreed to pay the sum of $65 cleaning fee, and agrees to leave the dwelling and property in a tidy condition. Dishes, pots and pans must be washed and put away. No unnecessary cleaning should be left for cleaners, i.e., bathroom garbage, refrigerator, stove top, oven, debris left on, in, or around the front or back yard and storage areas, etc. Should extra cleaning services beyond laundry, vacuuming, and cleaning bathroom and kitchen be required, such sum as cleaning service requires beyond the above may be deducted from security deposit.
9. No later than two weeks after the Guest has finally vacated the premises, the Owner shall furnish the Guest with an itemized written statement of the basis for, and the amount of the security deposit received and the disposition of such security deposit or shall shred deposit check unless renter requests return of remaining portion of such deposit to the Guest.
10. Guest shall keep the premises and furniture, furnishings, and appliances and fixtures which are rented for Guest's use in good order and condition. Guest agrees to pay Owner for costs to repair, replace, or rebuild any portion of the premises damaged by the Guest. Guest's personal property is not insured by Owner, and Guest releases Owner of all responsibility for the loss due to damage or theft of the Guest's personal property.
11. Guest shall keep premises as clean and safe as the condition of the premises permits. This includes, but is not limited to, disposing of all rubbish, ashes, garbage, and other waste in a clean and safe manner, using with care all plumbing, sanitary, heating, ventilating, and other facilities or appliances on the premises. Should guest move furniture, we ask that you return it to former placement.
12. Guest shall conduct him/herself and require other persons on the premises with his/her consent, to conduct themselves in a manner that will not disturb neighbor's peaceful enjoyment of their premises.
13. Guest shall pay for all repairs and maintenance caused by negligence of Guest or his/her invitees.
14. Guest agrees to be responsible for any damage caused by their pet as well as additional expense incurred to bring dwelling back to its original condition.
15. Guest shall return all keys upon vacating cabin, or will allow Owner to deduct $60.00 from security deposit.
16. Guest agrees to park vehicle(s) in the designated parking area in front of the house.
17. No portion of said premises shall be sublet nor this agreement assigned. Any attempted subletting or assignment by the Guest, at the election of Owner, shall be an irremediable breach of this agreement.
18. If any legal action or proceeding be brought by either party to enforce any part of this Agreement, the action shall be brought in Grant County or in the Silver City, as chosen by the Owner, and the prevailing party shall recover, in addition to all other relief, reasonable attorney's fees and costs, and court costs.
19. The undersigned Guest(s) whether or not in actual possession of the premises, are jointly and individually liable for all obligations under this rental agreement, and shall indemnify Owner for liability arising prior to the termination of the rental agreement for personal injuries or property damage caused or permitted by Guest, their guests and invitees. This does not waive Owner's duty of care to prevent personal injury or property damage where the duty is imposed by law.
20. Optional Inspection/Walk-through: A visual inspection of the cabin and property may be conducted and an itemized list of any damage to the property may be compiled. This list may be signed by both parties and attached to, and become part of this rental agreement. Any item appearing on this list shall not be subject to a missing claim upon termination of this lease.
21. Smoking of any type is prohibited inside the premises (including pipes, cigars and cigarettes). Any evidence of smoking during occupancy shall result in Guest being liable to owner for "rental damages" and full forfeiture of security deposit.
22. A full refund of security deposit will be made if notice of cancellation is received 10 days prior to scheduled arrival date. Thereafter, security deposit is forfeited unless Owner is able to secure a new agreement for that same occupancy period.
24. No Refunds due to elements beyond the Owner's anticipation or control: No refund of rental payment shall be made by the Owners for temporary power outages, water service interruptions, weather conditions, or for inoperable devices that do not materially affect the habitability of the rental. The Owners shall make reasonable and timely arrangements for repair or replacement of any malfunctioning equipment or other items in need of repair.
The undersigned Owner and Guest acknowledges having read and understood the foregoing.
Guest (s) Date
4774 Hwy 15, #14
Pinos Altos, NM 88053