-
Fees: The guest agrees to pay the following amounts to the ABODES in consideration of this Lease. All offline payments should be made out to Abodes Property Services.
a. Refundable Security Deposit: The Security Deposit is due upon the signing of the Lease Agreement. Concurrent with payment of the Security Deposit, the Guest shall complete a Property Condition Form within 48 hours from their arrival noting any damages or problems with the unit. Failure or refusal on the part of the Guest to note such damage shall be deemed acceptance of the Property as “undamaged”. ABODES will accept ACH or Wire Transfer, Company Check, Personal Check, or Credit Card (with the Guest paying an additional merchant fee, if applicable) as payment. The Security Deposit shall be held in ABODES’ tenant escrow/security account with Bank of America. ABODES will refund the Security Deposit, minus any balances due within 30 business days of check out, by Check to the Guest once the property has been inspected by the ABODES Representative on a final walk-through wherein the Guest is permitted, but not required, to participate. Any damage to the Property may result in additional fees paid by the Guest and the loss of the Security Deposit.
b. Rental Amount: Nightly Rate + Monroe County Occupancy Tax (6.0%): (For Airbnb reservations, you are already paid in FULL with Airbnb, and we are not requesting any additional fees unless it’s a pet fee) Rental Amount is due at time of booking and shall be paid by through ABODES Leasing Portal, i.e., ACH Transfer, Wire Transfer, Company Check, Certified Funds or Credit Card (with Guest paying the additional merchant fee, if applicable). The Rental Amount owed includes standard utilities (gas, electric, water, basic cable, and Wi-Fi) and furnishings. Any use of utilities more than the standard amount shall be at an additional charge to the Guest, which shall be due as additional rent and may be deducted from the Security Deposit. No more than two (2) persons unrelated by blood or marriage to any Guest shall be permitted overnight. If a unit is rented for more than 29 days, the Monroe County Occupancy Tax will not be charged.
c. Exit Cleaning Fee: The exit cleaning fee is due at the time of booking and shall be paid by the above-stated payment methods as additional rent to the rental amount. If the unit is left in a condition such that additional cleaning is necessary, exceeding the allotted exit cleaning fee, ABODES may deduct additional cleaning fees from the Security Deposit for the additional cleaning charges. The Exit Cleaning Fee is non-refundable.
d. Non-refundable pet fee/pet:
Refundable Pet Deposit: ABODES will require a non-refundable and refundable pet deposit per pet of $1,000. Any damage caused by pets above the deposit amount will be taken out of the Security Deposit. No animals are allowed in the Property without permission of ABODES. Damage caused by pets should be reported ASAP to avoid possible permanent damage (i.e., urine on carpets may be extracted if reported as soon as it happens, but if left for several days or weeks may cause permanent stains in the carpet resulting in a costly repair that could have been avoided).
-
Default: The occurrence of either of the following events or conditions shall constitute an “Event of Default” for purposes of this Agreement:
a. Noise/Nuisance: The Guest acknowledges that the Property is located in a residential building. Pursuant to the City of Rochester Noise Ordinance, outside noises shall not exceed 50dB at the property line between the hours of 8 p.m. and 9 a.m., and shall not exceed 70dB between the hours of 9 a.m. and 8 p.m. Guest shall be responsible for the prevention of any noise associated with the occupancy of the Property or use thereof exceeding the limits imposed by the City of Rochester Noise Ordinance. Some units have a noise detection device that is 100% privacy compliant and measures noise levels only, and does not record any conversations. Tampering with this device is strictly prohibited and will result in a $500 fine. Initial noise violations for exceeding the acceptable dB levels based on the time of day will receive a courtesy warning, and the second violation for exceeding the allowable dB will result in a fine of $1,000, and Guests will be subject to immediate eviction without any refunds.
b. Smoking: Smoking of any type is strictly prohibited on the property. Each property has a smoke detection device that is 100% privacy compliant and only detects marijuana and cigarette smoke. Tampering with this device is also strictly prohibited and will result in a $500 fine. Initial smoking violations will receive a courtesy warning, and the second violation will result in a fine of $1,000, Guests will be subject to immediate eviction without any refunds.
c. Parking: The guest acknowledges that the Guest of his/her invitees shall not park anywhere but in the designated parking spots assigned to the unit. Guest shall be responsible for the acts of any of the Guest’s invitees with respect to such parking. If the Guest is parked in a parking space other than the space assigned to the unit, then he/she will be asked to move the car via text or email. If the car is not moved within 12 hours, ABODES has the option to have the car towed. Multiple violations of the parking rules will result in a fine of up to $500, and the Guest will be subject to immediate eviction. We only provide parking for the Guest on the lease and not any of the Guest’s invitees.
d. Parties: No parties are allowed in any of ABODES’ units.
e. Filming: No filming of any kind is permitted without written permission before your stay and before all fees are processed.
f. Illegal Activities / Drug Use: No illegal activities are permitted anywhere, on or near the Premises by the Guest and/or any of the Guest’s invitees during the rental period, including drug-related illegal activity. “Drug-related illegal activity means the illegal manufacture, sale, distribution, purchase, use, or possession with the intent to manufacture, sell, distribute, or use of a controlled substance (as defined in section 102 of the Controlled Substance Act – U.S.C. 802) or possession of drug paraphernalia.
-
Subletting. Guest shall not sublet this lease.
-
Occupancy. If it is determined that more people were occupying the unit than allowed, you will be charged $50 per person over the maximum number of guests allowed.
-
Keys/KeyCards/Key Fobs/Parking Cards: ALL Keys, Cards, and Fobs not returned at the end of the stay, will incur a $100-$200 replacement fee per item. Instructions on the checkout instructions will include where to return key/fobs/parking passes.
-
Pets Fee: Pets are allowed with an additional $75/month pet fee for each pet and are subject to both a $1,000 refundable/pet and non-refundable pet deposit(s), depending on the length of stay. Only 2 pets are allowed per unit unless ABODES gives written permission.
-
Refunds: ABODES does not give refunds, partial or whole, on the basis that the unit is not satisfactory upon arrival. We try to accurately describe the property and interior on our website and through phone and email conversations. The Guest is expected to perform their due diligence in asking questions about what is important to them in a rental unit and surrounding area. Interpretation is individual, and the rental agent does not guarantee or warrant the information describing these properties. Please understand that you will not be allowed to “trade” to an alternative property or cancel on arrival. We do not give refunds if you must leave the property early for any reason.
-
Personal Property and Liability: All personal property kept by the Guest at the Premises shall be and remain at his/her sole risk. ABODES shall not be liable for any damages to or loss of such personal property ensuing from any acts of negligence of any party other than the ABODES, nor from any problems with the rental property from any other cause other (other than the gross negligence of ABODES) whatsoever. Nor shall ABODES be liable for any injury to the Guest or invitees of the Guest in or about the Premises, except an injury directly caused by the sole and gross negligence of ABODES. The Guest expressly agrees to hold ABODES harmless in all such cases except for those injuries directly caused by ABODES’s sole and gross negligence or intentional conduct.
-
Governing Law: This Lease shall be governed pursuant to the laws of the State in which the Premises is located, and invalidation of any portion of this Lease shall not invalidate the remainder.
-
Parking: The Guest is to refer to and follow the specific parking rules outlined in the check-in instructions and ABODES booklet inside the unit. ABODES shall not be liable for towing, booting, and/or ticketing of Guest vehicles. Should any authorized or unauthorized vehicles be abandoned on the Premises after the lease period concludes, ABODES has the right to have them towed or otherwise removed at the Guest’s expense.
-
Toiletries: Starter toiletries may be provided by ABODES for the Guest as a courtesy, but they will not be re-stocked during the lease term.
-
Check-In/Check-Out Times: Unless ABODES agrees, check-in time is 5 pm on the lease start date. Check-out time is 10 am on the lease end date. If you are still occupying the unit after check-out, your card on file will automatically be charged the $150 late check-out fee. Upon termination of this lease, whether by lapse of time or otherwise, Guest shall surrender the leased Premises or any part thereof. Also, upon the termination of this lease, ABODES may, at its option, treat such retention of possession as constituting a renewal of this lease and so bind Guest, on a day-to-day basis, on the same terms and conditions expressed herein, except that the daily rent shall automatically be increased to twice the rent in effect for the day immediately preceding the commencement of the holding over.
-
Proof of Identity: The Guest shall provide a copy of a valid driver’s license to ABODES along with the same credit card used for the reservation. Failure to do so will result in the loss of the rental agreement. The person checking in must be the person on the lease agreement. No exceptions.
-
Event of Default: If the Guest shall fail to pay any rental amount, utility overage, or other expense as it comes due or if the Guest shall be in default in performing any of the terms or provisions of this Short Term Lease other than the provision requiring the payment of rent and fails to cure such default immediately upon notice (oral or written) from ABODES.
-
Remedies if Default: Upon the occurrence of any event of default, ABODES may, except for a default in paying rent which shall not require the notice provided for herein, by twenty-four (24) hours prior to written notice, at its option, elect to do and perform any act required of Guest and charge the cost of performing such action to Guest as additional rent. In the event Guest fails to pay any sum due hereunder, ABODES may require Guest to surrender possession of the Premises immediately, and if Guest fails to do so, ABODES may immediately declare the license to use Premises terminated and, without further notice and without prejudice to any other remedy ABODES may have, enter the Premises and expel or remove Guest and Guest’s effects, by force if necessary, to the extent permitted by local law or by judicial decree, without being liable to prosecution or any claim for damages thereof, and the Guest agrees to indemnify ABODES for all losses, damages, cost and expenses, and reasonable attorney’s fees, which ABODES may suffer or incur because of the default of the Guest, termination of the Lease, recovery of possession of the Premises, whether through inability to re-let the Premises and any other concessions granted to Guest, the eviction of the Guest, re-letting of the Premises, and preparing the Premises for the new Guest or Guests, including, but not limited to, advertising expenses and commissions.
-
House Rules: This is a non-smoking unit, and the Guest will be charged a hefty fine/liquidated damage of $1,000 if there is evidence of smoking of any kind. No parties or loitering in shared or public spaces are permitted. No filming of any kind is permitted without express written permission. No illegal activities are permitted anywhere, on or near the Premises by the Guest and/or any occupant, guest, or invitee during the lease term, including drug-related illegal activity. “Drug-related illegal activity” means the illegal manufacture, sale, distribution, purchase, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance (as defined in Section 102 or the Controlled Substance Act [21 U.S.C. 802]) or possession of drug paraphernalia. Please be mindful of the neighbors and respectful of the noise ordinance. Again, check-in time is after 5 pm. Early check-in will need to be requested and approved in writing by ABODES the day before check-in. Guests are not allowed in the unit if it is being cleaned for the next guest(s) arrival. Check-out time is by 10 am sharp unless ABODES has given written permission for a later checkout time. An unapproved late checkout will constitute a holdover as described in item 13 and will be charged as such.
-
Permission to Enter: ABODES, or an agent acting on behalf of ABODES, may enter rented premises while the tenant is living there without advance notice in the case of an emergency, such as a fire or serious water leak. ABODES or an agent acting on behalf of ABODES may enter the rented premises while the tenant is living there with at least 24 hours advance notice for capital improvements to inspect appliances, change air/water filters, change parts of the building, or service calls.
-
Property Entry: If you are locked out and cannot enter your unit, please call this 24-hour number at 585-298-4466. This information is also in the check-in instructions. You will need to verify your name, unit #, and email to gain access to the unit. We are NOT responsible for reimbursing any unused nights if you do not call this number.
-
Damages: The Guest will be held financially responsible for any and all damages and/or missing inventory during your stay, up to and above your deposit. If there is no deposit, you will be charged the full amount of the replacement item and any installation fees associated with the replacement. A full inventory is done directly before and after your check-in. The card on file will be charged for any damages outside of the normal wear and tear. There will also be a 20% administrative added based on the total amount of damaged or replaced items.
-
Trash: Any trash violations or property damages billed to ABODES during the rental period will be billed to the tenant on this lease agreement. This includes violations made by the tenant and/or the tenant’s guest(s), and trash violations are $100/incident.
-
Outside Noise / Construction Noise: The Guest acknowledges that if the Premises located within a mixed-use development that outside noise and/or construction noise may occur, over which ABODES has no control. ABODES shall not be responsible for or liable to the Guest for any such outside or construction noise.
-
Miscellaneous: Any single violation of the above provisions is a material and irreparable violation of the lease (regardless of whether or not the Guest has any knowledge of the violation by an occupant, guest, or invitee, and regardless of whether or not the violation occurs on or off the Premises) shall be a good cause for immediate termination of the lease. Proof of the violation shall not require a criminal conviction, but shall require only a preponderance of the evidence.
|