Terms and Conditions

1. RENTAL: The Guest agrees to rent from the Owner, and the Owner agrees to lease the Guest the Property. The Owner and Guest agree that the Property is a vacation rental. The Guest is a transient guest or seasonal Guest. The New Jersey Anti-Eviction Act does not apply to this rental. This Lease is valid only when accepted by the Owner via signature and may be terminated by the Owner upon default of any payments or other obligations of the Guest, as outlined in this Rental Agreement.

2. OCCUPANCY/USE/CARE OF PROPERTY: The maximum number of persons allowed to occupy the Property, including children, is indicated on the Confirmation/Signature page. The Guest shall take possession of and use the Property only as a private residence for no more than the maximum number of persons. The Guest shall not allow the Property to be used for business, professional or unlawful purposes. House trailers and recreational vehicles are not permitted on the Property. There shall be no alterations to the Property, and no fixtures, appliances, or air conditioners shall be installed without the written consent of the Owner. The Guest affirms that he/she is over twenty-four (24) years of age and minors will not occupy the Property unless an adult is present. It is the policy of Keller Williams Realty Jersey Shore to rent (1) to family groups only or (2) to non-family groups wherein at least two Guests signing the Rental Agreement are 24 years of age or older and will supervise and be responsible for members of the group that are under 24 years of age. A family is parents, grandparents, children, and extended family members vacationing in one property. A non-family group is defined as unrelated adults, high school students, college students, or any other type of situation not meeting the age requirement stipulated herein. Should Keller Williams Realty Jersey Shore personnel ascertain a non-family group occupying a property in violation of the age requirement;, the group is subject to immediate termination of the Rental Agreement with no refund. Keller Williams Realty Jersey Shore reserves the right to refuse rental, cancel existing reservations, and terminate occupancy without refund if the occupancy, in our opinion, is detrimental to the rental property and its owner, whom we represent, without refund. Unreasonable noise or disturbance by the Guest may result in eviction. Guest agrees to return premises to Owner on the expiration date of Lease in as clean and good condition as reasonable use will permit, repair, replace, or pay for any breakage or damage to the Property, furnishings, and equipment. Guest is only responsible for breakage or damage done by Guest and their guests. SMOKING IS NOT PERMITTED!

3. ACCEPTANCE OF PROPERTY: Opinions as to the condition of the Property vary from individual and are very subjective. If the Guest has not personally viewed or inspected the Property. In that case, the Guest shall not rely on any opinion expressed by a third party, including the Rental Agent, Owner, Website, or Owner Website. The Guest bears the sole risk of renting the Property SIGHT UNSEEN and not being satisfied with the Property's condition at check-in time. IT IS HIGHLY RECOMMENDED THAT THE GUEST PERSONALLY VIEW THE PROPERTY BEFORE SIGNING THE RENTAL AGREEMENT. THE PROPERTY IS BEING RENTED “AS IS.”

4. NON-LIABILITY OF THE REALTOR: The Owner and the Guest understand and agree that Keller Williams Realty Jersey Shore and their agents are not Property Managers or Rental Managers for the Property. The Agents are acting merely as Rental Agents in this Rental Agreement transaction. The Agents shall not be liable for any claims, demands, damages, or costs relating to either alleged defects, problems with the Property, or any other circumstances surrounding the rental if Keller Williams Realty Jersey Shore has made a payment to the Owner, which the Guest withdraws or otherwise cancels. In that case, such that Keller Williams Realty Jersey Shore never receives the funds, the Owner agrees to reimburse Keller Williams Realty Jersey Shore for any such funds. Guest understands that all Guest payments are the property of the Owner except for the commission, administrative fees, and Security Deposit Protection Plan. Keller Williams Realty Jersey Shore has no authority to return any Guest payment without the Owner's consent. This agreement is entered based upon the Guest’s independent knowledge of the Property or the representations specifically in the Rental Agreement and not on any representations made by the Owner or its agents. In any event, Keller Williams Realty Jersey Shore and its agents shall not be held liable to the Owner.

5. SUGGESTED ITEMS TO BRING: The Owners do not provide: sheets, pillowcases, pool/beach towels, bath towels, laundry detergent, dish detergent, paper products of any kind, beach supplies, bikes, and personal items unless otherwise noted in the “Detail” section of the Property on the website. The full list of amenities is found on each Property on the Keller Williams Realty Jersey Shore website, www.kwjerseyshorerentals.com though no warranties are given regarding its accuracy. Appliances, air conditioning, and amenities are not guaranteed, and refunds will not be given due to breakdowns. Repairs will be made as soon as possible. (Please see paragraph 8, “Repairs”).

6. PARKING: Each property offers convenient parking. Please comply with local ordinances and posted condominium association rules and regulations. Keller Williams Realty Jersey Shore will not be responsible for parking tickets or towing expenses.

7. WASTE/RECYCLE/TRASH: All of the municipalities recycle. Therefore the Guests are responsible for separating all trash according to the Property you are renting. Please follow all condominium association rules and regulations. Recycling is mandated by the State of New Jersey and will be strictly enforced! The Guest will be responsible for any fines levied by the City on the Property during your specific rental period.

8. REPAIRS: Please report any necessary repairs to the Keller Williams Realty Jersey Shore office between the hours of 9 AM to 4 PM at 844-KWSHORE or email [email protected]. Keller Williams Realty Jersey Shore is not responsible for any maintenance or repair of the Property, and any such obligations or issues are the sole responsibility of the Guest and Owner.

9. VISITATION PERMISSION: Upon reasonable notice, the Owner or Agent shall have access to the Property to provide services, inspect and make any necessary repairs. In case of an emergency or the Guest’s absence, the Owner or Agent may enter the Property without the Guest’s consent.

10. INSURANCE OF GUEST’S BELONGINGS: The Owner DOES NOT provide insurance covering loss to any of the Guest’s belongings. The Guest has total responsibility for securing protection against loss by fire or other cause to the Guest’s belongings.

11. SPECIFIC PERFORMANCE: Keller Williams Realty Jersey Shore acts as a transaction agent only and does not warrant nor guarantee the specific performance of any Rental Agreement. We reserve the right to decline to offer a rental to anyone misrepresenting themselves in any fashion. Due to reasons beyond ours or the Owner’s control, but not limited to a double booking, death of an owner, or foreclosure, a comparable unit may be offered to a Guest. Realtors reserve the right to show the home with adequate notice to the renting family if the unit is listed for sale.

12. GUEST CHECK-IN INSPECTION: I waive my right, as laid out in my agreement with the credit agency through which I have prepaid monies to Keller Williams Realty Jersey Shore to request a refund of said monies in all cases except the following:

1. Upon arrival at the contracted property at the contracted time, as described in this rental agreement, the said property is considered by myself and Keller Williams Realty Jersey Shore to be uninhabitable or in conditions extensively variant from those advertised, whereas Keller Williams Realty Jersey Shore is given notice, in writing, of such conditions within 24 hours of arrival at the said property; whereas the situation is unable to be rectified to the standards advertised and outlined in this rental agreement after Keller Williams Realty Jersey Shore has made every reasonable effort to correct and provide compensation for such conditions.
2. The transaction(s) by which said monies were prepaid to Keller Williams Realty Jersey Shore are found to have been made fraudulently.

13. KEYS: All keys given and held by the Guest are to be returned to Keller Williams Realty Jersey Shore at the termination of this rental agreement. There is a $25 charge for each set of keys, fobs, or swipes not returned and lost. This will automatically be charged to the credit card on file. By acknowledging this rental agreement, you permit Keller Williams Realty Jersey Shore to charge up to $100.00 for a lock change and replacement keys.  

14. COMMISSION: The owner agrees to pay Keller Williams Realty Jersey Shore their prevailing commission rate as previously agreed in the Rental Listing Agreement on the lease and any renewals within two years of the lease expiration to the herein-named Guest, relatives, heirs, and assigns.  If the Guest, relatives, heirs, and assigns should purchase the leased property or a portion of the building thereof within two years from the expiration of their tenancy Owner agrees to pay Keller Williams Jersey Shore a commission at their prevailing rate of the purchase price.  Said commission shall be due at the time of settlement.  

15. NONREFUNDABLE GUEST PROCESSING FEE AND COMPENSATION DISCLOSURE: The Guest agrees to pay Keller Williams Jersey Shore the sum outlined in the lease a non-refundable processing fee.  This payment shall be made upon signing the lease.  The Owner and Guest understand that Keller Williams Jersey Shore represents the Landlord only in this transaction. The commission and the Guest processing fee represent compensation for both parties.  

16. CHECK-OUT: Before 10 AM on the scheduled departure date. When checking out, Guests must be mindful of the next family and be sure the following items are completed.

1. Remove personal belongings.
2. All trash and recyclables must be placed in their proper receptacles and set curbside on the appropriate date.
3. All dishes and utensils utilized must be washed and placed away where they were found.
4. General cleaning of each unit must be completed. Each unit must be left neat and tidy, and in the condition you found upon check-in.
5. All keys must be returned to the Keller Williams Realty Jersey Shore office from which the Guest checked in.
Failure to abide by check-out time will result in an automatic charge to the Guest’s credit card on file:
From 10:01 am to 10:30 am, $50.00 late departure fee
From 10:31 am to 11:00 am, $150.00 late departure fee
After 11:00 am, the $200.00 late departure fee will escalate to $100 per hour until the keys are returned.   

17. CLEANING SERVICE: Before arrival, each property is cleaned. Daily Cleaning is not included. However, the Guest must surrender the property in good, clean condition by the time specified in the lease agreement. 
18. SECURITY DEPOSIT PROTECTION PLAN / ACCIDENTAL DAMAGE PROTECTION (SDPP): TERMS: The lease includes a premium for SDPP that insures you for unintentional and accidental damages you or your guests may cause to the Property during your stay, provided such damage is disclosed and reported to your [email protected] before check out.  The policy will pay a maximum benefit of $1,000.  You will still be responsible for damages above the policy limit and those not covered by SDPP.  

Should the Owner feel the need to report damage and receive compensation, the Owner must report the damage within three days of the departure date in writing to the Keller Williams Realty Jersey Shore Rental Office, or the damage will not be covered under the terms of the Accidental Damage Protection Program. In addition, within ten days of departure, the Owner must send the Keller Williams Realty Jersey Shore Rental Office a list detailing the damage's nature and photos.

Representatives of the Keller Williams Realty Jersey Shore Rental Department have the ultimate administrative authority to determine the scope of damages covered under the Protection. Once the Representatives have decided that compensation is owed to the Owner, an original receipt of the replaced/fixed damaged property must be given to the Keller Williams Realty Jersey Shore Rental Office to facilitate reimbursement. The Accidental Damage Protection is limited to a maximum payment amount of one thousand dollars ($1,000.00) per rental agreement.

CONDITIONS: The Accidental Damage Protection Program has certain conditions. The protection will not include liability for damage or theft resulting from:
1. Intentional acts of the Guest.
2. Negligence, impairment, willful, non-willful, or wanton conduct or misconduct.
3. Theft of Owner’s items without a valid police report.
4. Damage caused by any pet or other animal brought to the premises by the Guest.
5. Theft or damage to any property owned by a Guest. Protection is limited to Owner’s items only.
6. Property damage resulting from any motorized vehicle or watercraft operated by the Guest.
7. Damages related to glass table tops, flooring, and damaged countertops are excluded and will solely be the Guest’s responsibility.

Should any of the above occur, we and the Owner reserve the right to file a claim against the Guest in Cape May Court House Small Claims Court.

1. The protection takes effect upon check-in per this rental agreement on the arrival date to a Keller Williams   Realty Jersey Shore listed property and receiving full rental agreement payment.
2. The protection will become void if the Guest checks in before the 2 PM check-in time specified on the rental agreement or should any term on this rental agreement be violated by the Guest.
3. All coverage shall terminate upon check-out per the terms of this rental agreement or the departure of the Guest, whichever occurs first.

1. Cleaning.  The guest is responsible for cleaning the property before check out. If the property is returned without adhering to the check-out items listed in Item #16 of this agreement, the Guest will incur a $350 cleaning fee that will automatically be charged to the card on file.  Owner must supply photos to [email protected] within 24 hours of guest check out of the property.  Representatives of the Keller Williams Realty Jersey Shore Rental Department have the ultimate administrative authority to determine if the $350 cleaning fee is warranted.  If so, Keller Williams Jersey Shore will charge the $350 to the card on file.  The monies collected will be distributed to the Owner within 14 days of full payment.  
2. Removal of Beach Tags (if supplied by the Owner).  Guest is solely responsible for any and all beach tags.  The guest must reimburse the owner directly for replacing missing beach tags.  

REPORTING DAMAGES: Upon arrival, if you discover any damage to the Property or have an incident resulting in damage to the Property - Please report it immediately to our offices at 844-KWSHORE or email [email protected].  

SEASONAL LEASE AGREEMENT SECURITY DEPOSIT: It is the obligation of the Guest to surrender the property in good, clean condition by the time specified in the Agreement; normal wear and tear are expected. Possession shall include common areas in the case of a condominium or townhouse. In the event of no deposit or low deposit, the Guest agrees to pay for damage or unclean condition or be willfully sued by Owner. Security deposits in the form of a check will be returned within thirty days of lease expiration by mail if the property is left in a satisfactory condition (no damages), keys are returned, and items such as trash and recycling have been handled by local laws. All security deposits are held in trust by Keller Williams Realty Jersey Shore. Should an Owner feel the need to withhold a security deposit for a specific reason(s), Keller Williams Realty Jersey Shore would like both parties to understand our procedure for handling security deposit holds: 

Owner: Within three days of departure, we require immediate notification via phone or email of a pending security hold and the reason(s) for this hold.  Within ten days of departure, an Owner must send to our attention via email detailing the nature of the security hold along with pictures. 
Keller Williams Jersey Shore: Keller Williams Realty Jersey Shore will convey to the Guest this list in addition to the photos while acting as the intermediary between the Owner and Guest in hopes of bringing the circumstance to a conclusion within the 30 days following the Guest’s departure.

Guest: The guest will be expected to respond.   If the Guest does not respond within ten days, the deposit will be forfeited to the Owner. 
All Parties: Should a circumstance not be remedied by each party within the 30 days following a Guest’s departure date, the security deposit will remain in escrow while the Owner decides the appropriate course of action up to and including filing a case in Cape May Court House Small Claim’s Court.

1. Failure to follow the above timelines by either party will result in the normal release of the deposit.
2. Keller Williams Realty Jersey Shore can only assist in this process and will not be expected to provide legal advice. Keller Williams Realty Jersey Shore will not be held liable or accountable by either party for performing our stated policy of returning security deposits within 30 days of checkout following a Guest’s departure date without a list detailing the need to continue to hold pending a remedy. Should either party feel the need for legal representation, either party has the right to do so. Keller Williams Realty Jersey Shore is acting only as Agent and is not responsible for the acts of either Guest or Owner. By acceptance of the deposit with this lease, the Owner agrees to pay Keller Williams Realty Jersey Shore a professional service fee for this lease or any further lease with this Guest within 24 months.

19. TRAVEL INSURANCE: Refunds will not be given for cancellations (see paragraph #20) or occupancy delays due to deaths in the family, medical emergencies, travel cancellations or delays, weather-related events or evacuations, or other events that would be considered ACTS OF GOD or that are out of the control of the Owner. The Guest may purchase travel insurance through an independent insurance agency to cover these events. If the Guest decides not to purchase travel insurance, the Guest may be forfeiting their ability to receive a refund if any of the above events occur. Travel insurance is a way to protect your vacation investment and should be considered. 

20. CANCELLATION POLICY: In the event, the Guest wishes to cancel the lease, The Guest may do so only upon consent of the Owner.  The cancellation request must be emailed to reservations@ kwjerseyshore.com.  The Guest understands that if the Guest cancels the lease, the Owner has a right to demand the full rent payment by the lease term.  If the Owner does not release the Guest from the continued obligation to pay rent if the Property is not re-rented at full price, the Owner may demand the Guest continue to remain obligated to pay the full rental amount.  Guest agrees that all monies paid shall be held by the Owner, not Keller Williams Realty Jersey Shore.  Owners are liable for all monies received.  All cancellations are subject to a 10% deposit received from Keller Williams Realty Jersey Shore.  The Guest shall not sublet the Property without written consent from the Owner.  

Should a Guest request to cancel and the Owner consents, the request will be accommodated by:
1.  Refunds will be mitigated according to the following calculation method- Total Rental Amount less 100% Administrative Fee, less 100% Commission, less $75 SDPP, less 10% Processing Fee.
2. Refunds related to inclement weather or acts of God will not be accommodated.

The deposit will be returned ONLY if the OWNER consents and if Keller Williams Realty Jersey Shore can re-rent the Property for the same period and rental amount. If the monies have been distributed to the Owner, the Owner must return the total payment to Keller Williams Jersey Shore.  Once the full payment is received, Keller Williams Jersey Shore will process the refund to the Guest within 14 days.  The administrative fees, SDPP, and commissions are not refundable.  

21.  VIOLATION OF LEASE AGREEMENT: Upon violation of any terms and conditions, specifically any occupancy limits, substantiated parking, noise, and trash complaints, the lease is subject to immediate revocation, and the Guest is subject to immediate removal from the property, a minimum $500 fine, and cleaning fees will automatically be charged to the card on file. Additionally, the Guest acknowledges that they may be subject to consequential damages due to their violation, including, without limitation, damages associated with Keller Williams Realty Jersey Shore.