South Florida Vacations - Private Apartments at the Congress
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WARNING: IT IS VERY IMPORTANT TO READ ALL OF THE TERMS AND CONDITIONS CAREFULLY. THIS AGREEMENT IMPOSES IMPORTANT LEGAL OBLIGATIONS. NO CHANGES OR ADDITIONS TO THIS FORM MAY BE MADE UNLESS A LAWYER IS CONSULTED.
TERM AND PARTIES. This is a lease ("the Lease") for a period of nights requested on this website (the "Lease Term"), checking in at 3pm on the biginning of the lease and checking out at 11am on the last day of the lease between South Florida Vacations LLC and/or the owners, and the person signing this lease (in the Lease, the owner or Property manager, whether one or more, of the property is called “Manager" All persons to whom the property is leased are called "Tenant.")
PROPERTY RENTED. Manager leases to Tenant the condos requested in this website together with furniture and the appliances listed on the website (in the Lease the property leased, including furniture and appliances, if any, is called "the Premises.")
COMMON AREAS. Manager grants to Tenant permission to use, along with others, the common areas of the building and the development of which the Premises are a part, like Pool, Gym, restaurants and bars (at Tenants expenses if required).
RENT PAYMENTS AND CHARGES. Tenant shall pay rent for the Premises in advance of base on the rate of per night and should be paid at least 30 days in advance ( A "Rental Installment Period," as used in the Lease, shall be a month if rent is paid monthly, or daily rent is paid daily.) Tenant shall pay with each rent payment all taxes imposed on the rent by taxing authorities (Currently 13% in Miami Beach). The total amount must be calculated adding the rent plus taxes and cleaning fee ("the Lease Payment"), Manager will notify Tenant if the amount of the tax changes. Tenant shall pay the rent and all other charges required to be paid under the Lease by Credit Card, cash, valid check, or money order. Credit Card information is required for booking and for security purposes. The Lease Payments must be paid in full in advance 30 days before the beginning of the lease Landlord may appoint an agent to collect the Lease Payment and to perform Landlord's obligations.
DEPOSITS, ADVANCE RENT, AND LATE CHARGES. Tenant shall pay the following:
-A cleaning fee $150 depending on the unit, to be paid upon signing the Lease. This is a basic cleaning fee, Manager can charge Tenants credit card on file a extra amount (up to a $100 more) if Tenant leave the unit with food untenanted or lots of garbage on the unit as per description on section IX of this agreement
-Deposit in the amount of $300 for condominiums is required for the Rental and need to to be paid upon signing the lease, this deposit is not refundable if tenant cancel this reservation and is required to reserve the Unit. This deposit is part of the rental payment
-The balance of the full rent in the amount of to be paid on or before 30 days the beginning of the Lease. This charge is not refundable if Tenant cancels the reservation.
MAINTENANCE. Manager and Tenant agree that the maintenance of the Premises must be performed by the person indicated below:
A. Manager's Required Maintenance. Manager will comply with applicable building, housing, and health codes relating to the Premises.
B. Tenant Required Maintenance. Tenant will be required to maintain the premises as they found at check-in, remove all garbage from premises, a $20 fee will apply to the credit card on file if Manager’s cleaning crew found garbage left on the premises, and up to $40 fee will apply if tenant left organic food on garbage cans or counters. Tenant must comply with all resort regulations like no parties or loud music on the unit, no pets are allowed. Tenant will be held responsible for any an all damages incurred to the room during this lease. In the event of damages, Tenant’s credit card on file will be charged for all the damages. Manager needs to re-use all the resources at the suite. If Manager can not re-use any towel, comforter, linen or anything in the unit Manager HAS THE RIGHT TO CHARGE TENANT'S CREDIT CARD on file for the replacement. Tenant can not use the towels to clean the floor or make-up; and can not throw liquids to the comforters or linens, Manager has the right to charge Tenant's credit card on file $100 per comforter and/or $20 per towel if they can not be reused Per resort regulations, Tenant has been assigned to a non-smoking suite. If Manager find evidence of smoking in a non-smoking suite, a cleaning fee will be increased an extra $100 more and will be charged to Tenant’s credit card on file. Clean out services (maid services) are not included in the lease, If Tenant needs room service, can be requested with 24 hours in advance for a $60 fee per cleaning or $80 pero Apartment. New towels, linens, shampoo, paper towel and soap will be replenished if needed. Tenant needs to request the service by a phone call, text message, WhatsApp or e-mail. Tenant must leave the suite reasonably clean to avoid extra charges for cleaning, throw garbage to the trash chute located near the elevator, and put all used towels on the shower.
Manager's ACCESS TO PREMISES. Manager or Manager's Agent may enter the Premises in the following circumstances:
A. At any time for the protection or preservation of the Premises.
B. After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises.
C. To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors under any of the following circumstances:
1. with Tenant's consent, or for cleaning services at Tenant’s request;
2. in case of emergency;
3. When Tenant unreasonably withholds consent; or
4. if Tenant is absent from the Premises for a period of at least one-half a Rental Installment Period. (If the rent is current and Tenant notifies Manager of an intended absence, then Manager may enter only with Tenant's consent or for the protection or preservation of the Premises.)
PROHIBITED ACTS BY MANAGER.
A. Manager cannot cause, directly or indirectly, the termination or unreasonable interruption of any utility service furnished to Tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration (whether or not the utility service is under the control of, or payment is made by, Manager).
B. Manager cannot prevent Tenant's access to the Premises by any means, including, but not limited to, changing the locks or using any boot lock or similar device.
C. Manager cannot remove Tenant's personal property from the Premises unless the action is taken after surrender, abandonment, or a lawful eviction. If provided in a written agreement separate from the Lease, upon surrender or abandonment by Tenant, Manager shall not be liable or responsible for storage or disposition of Tenant's personal property. (For the purposes of this section, abandonment means Tenant is absent from the Premises for at least one-half a Rental installment Period without paying rent or giving Manager reasonable notice of Tenant's absence.)
RISK OF LOSS. Manager shall not be liable for any loss by reason of damage, theft, or otherwise to the contents, belongings, and personal effects of the Tenant, or Tenant's family, agents, employees, guests, or visitors located in or about the Premises, or for damage, injury or death to Tenant or Tenant's family, agents, employees, guests, or visitors. Manager shall not be liable if such death, damage, theft, or loss is caused by Tenant, Tenant's family, agents, employees, guests, or visitors. Nothing contained in this provision shall relieve Landlord or Tenant from responsibility for loss, damage, death or injury caused by its own negligence or willful conduct.
APPROVAL CONTINGENCY. The Lease is conditioned upon approval of Tenant by the association that governs the Premises. Tenant must submit proper identification to Manager for registration at the Hotel
A. Time is of the essence of the Lease.
B. If The Shelborne Resort is under construction or renovation during your stay, rates will be reflecting the inconvenience for clients. No refunds will be issue if Tenant deside not to stay at arrival.
C. The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted assigns of Manager and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever used, the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders.
D. The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or terminated orally.
E. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord.
F. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida.
G. The place for filing any suits or other proceedings with respect to the Lease shall be the county in which the Premises is located.
H. Manager and Tenant will use good faith in performing their obligations under the Lease.
SECURITY DEPOSITS AND CANCELLATION POLICY.
Manager is not requiring security deposit to rent any unit on our website, however, Tenant’s Credit card information must be hold on file by the Manager for security reasons, Manager must inform Tenant no later than 7 days after the termination of this lease if there is any additional charges and submit pictures to support the charges. To reserve the unit Tenant must pay $200 for the studios and $300 for the Apartments (Deposit) which is NOT refundable if Tenant cancel the reservation. Tenant also must pay the balance of the lease 30 day before the beginning of the lease and Manager will charge Tenant’s credit card on file for the balance on that day. No money is refundable once is been charged. Manager has also the right to cancel the reservation with minimum 30 days from the beginning of the lease with no penalty from the Tenant. Manager must inform the Tenant the reason of cancellation and refund all collected money from Tenant.
NOTICES. Fernando Ostolaza is the Manager. All notices to Manager and all Lease Payments must be sent to Manager’s account. Manager's Agent may perform inspections on behalf of the owner of these properties. All notices to Manager shall be given by certified mail, return receipt requested, or by hand delivery to Manager or Manager's Agent. Any notice to Tenant shall be given by certified mail, return receipt requested, or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a notice to Tenant may be given by leaving a copy of the notice at the Premises.
USE OF PREMISES. Tenant shall use the Premises only for residential-vacation purposes only. Tenant also shall obey, and require anyone on the Premises to obey, all laws and any restrictions that apply to the Premises. Manager will give Tenant notice of any restrictions that apply to the Premises.
* Manager may adopt, modify, or repeal rules and regulations for the use of common areas and conduct on the Premises during the Lease Term. If adoption, modification, or repeal of additional rules and regulations is not permitted, they must be reasonable and in the best interest of the development in which the Premises are located.
* Occasional overnight guests are permitted. An occasional overnight guest is one who does not stay more than 1 night in any calendar month. Manager's written approval is not required to allow anyone else to occupy the Premises.
*Tenant may NOT keep or allow pets or animals on the Premises without Manager’s written approval. Tenant shall not keep any dangerous or flammable items that might increase the danger of fire or damage on the Premises without Manager's consent. Tenant shall not create any environmental hazards on or about the Premises. Tenant shall not destroy, deface damage, impair, or remove any part of the Premises belonging to Manager, nor permit any person to do so.
* Tenant may not make any alterations or improvements to the Premises without first obtaining Manager's written consent to the alteration or improvement. Tenant must act, and require all other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the peace.
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