TR Davis Policies, Terms and Conditions
SECURITY/DAMAGE AGREEMENT
Security Deposit. A security deposit has been deposited with the Landlord, as the designated agent of the Property’s owner (“Owner”), in trust, as security for the performance by the Tenants of the terms of this Agreement, and for any damages caused by Tenants, Tenants’ family, pets, agents, visitors and other invitees (collectively, “Invitees”) to the Property or any included personal property and/or furnishings during the rental period. Landlord may use part or all of the security deposit to repair any damage to the Property and/or included personal property/furnishings caused by Tenants or their Invitees. However, Landlord and Owner are not limited to recovering only the security deposit amount and Tenants remain personally liable for any and all damages in excess of the security deposit amount. Security deposit will not be returned until one (1) week after all Tenants have vacated the Property and all keys returned to Landlord. No interest will be paid on security deposit unless required by local law.
Key Charge. A $50.00 fee will be charged to Tenants for failure to return any and all Property related keys and/or gate access cards (if applicable). Such charge may, in Landlord’s discretion, be deducted from the security deposit.
Damage charge. Any damage charges incurred by the Tenants in excess of the security deposit shall be assessed as additional charges based on damages incurred.
Non-Refundable Agreement. Except for the security deposit, this Agreement and rental charges are non-refundable at the time rent payments are deposited.
CHECK-IN/CHECK -OUT PROCEDURE
Check-In. Check-in time is 3:00 pm on the day Tenant’s scheduled reservation begins. Early check-ins are not permitted without prior consent of Landlord. Upon arrival, Tenants will be given their key(s) and gate access card(s) (if applicable), as well as any special instructions or updates that may be applicable to the Property.
Check-Out. Check-out time is 10:00 am (SHARP) on the day Tenant’s scheduled reservation ends. Any delay in check-out, absent prior consent of Landlord, shall result in Tenants being charged for one (1) additional night’s stay.
USE AND ENJOYMENT OF PROPERTY
Use of Property. Tenants shall only use the Property as a residence. The Property shall not be used to carry on any type of business or trade, without prior written consent of Landlord, and shall not be used for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the Property. Tenants will comply with all laws, rules, regulations, ordinances, statutes and orders regarding the use of the Property.
Quiet Enjoyment. Tenants shall be entitled to the quiet enjoyment of the Property, and Landlord will not interfere with that right, as long as Tenants do not interfere with the quiet enjoyment rights of other tenants. Tenant shall not, and shall ensure that their Invitees shall not, disturb, annoy, endanger or interfere with other tenants or neighbors.
Smoking is not allowed on the Property.
Pets. Unless otherwise provided in California Civil Code §54.2, no animal or pet shall be kept on or about the Property without Landlord’s prior written consent.
Use of Grills. Grilling is permitted only on concrete driveways using only grills provided with the Property (if applicable).
Locked Areas. Areas that are locked, such as the Owner’s personal storage spaces, for which Tenants are not provided a key, are strictly off limits to the Tenants. Any attempt to enter locked areas is cause for immediate termination of this Agreement, forfeiture of all monies paid, and Tenants will be liable for any damage and/or missing items.
Utilities. Utilities included in this Agreement are gas, electric, garbage, spa service once a month, water, Wi-Fi and basic cable service. Utility bills are payable by the Owner up to $500 per month and this is based on history of all utilities listed above. For tenancies longer than 30 days, any charges above $500 per month will be billed to the Tenants and payable within 30 days.
No Alterations. Tenant shall not make any repairs, alterations or improvements in or about the Property including: painting, wallpapering, adding or changing locks, or reconfiguring, re-wiring or upgrading existing electronics (stereo and television equipment, etc.).
Entry. With at least 24‑hours prior written notice, Tenant shall make Property available to Landlord for the purpose of entering to make necessary repairs, decorations, alterations, or improvements, or to supply necessary or agreed services, or to show Property to prospective or actual tenants, purchasers, tenants, mortgagees, lenders, appraisers or contractors.
Joint and Individual Obligations. If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenants under this Agreement, jointly with every other Tenant, and individually, whether or not in possession.
Database Disclosure. Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Landlord is not required to check this website. If Tenant wants further information, Tenant should obtain information directly from this website.)
No Subletting. Tenants will not sublet any part of the Property or assign this Agreement without the prior written consent of Landlord.
Hot Tub/Pool (if applicable). If the Property includes a hot tub, Jacuzzi or pool: Tenant acknowledges that there is NO LIFEGUARD ON DUTY. Tenant is solely responsible for supervision of all Tenants and Invitees who use such amenities, including adult supervision of minors at all times. Landlord and Owner shall not be held liable, or otherwise assume any responsibility, for any personal injuries (including death or disability) to Tenants and/or Tenant’s Invitees that results from the use of such amenities. By the execution of this Agreement, Tenants agree to forever release, hold harmless and indemnify Landlord and Owner (and their officers, directors, agents, successors and assigns) from any liability and/or responsibility arising from the use of any hot tub, Jacuzzi and/or pool located on the Property during the term of this Agreement.
Miscellaneous. Time is of the essence in the performance of all obligations under this Agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in writing.
HOLD HARMLESS
Landlord attempts to maintain the Property in the best possible condition. However, personal property and furnishings are provided for your convenience only, and do not constitute a material part of this Agreement. Landlord expresses no guarantees, express or implied, regarding suitability or fitness of the Property (including any personal property and furnishings) for any particular purpose. Landlord will use reasonable efforts to commence appropriate repairs and/or replacements as soon as reasonably possible, under the circumstances. It is the Tenants’ responsibility to immediately notify Landlord of any issues that they incur during their stay so that the repairs and/or replacements may be handled promptly. Landlord and Owner are not responsible for any inconveniences for which they have no immediate and direct control. These inconveniences may include, but are not limited to, the following: (i) breakdown of DVD/VCR, stereo/television equipment, cable services, hot tubs, saunas, and/or other recreational appliances or devices; (ii) power outages; (iii) adverse weather and/or road conditions; (iv) construction in the area; and/or (v) Property that is not decorated and/or accommodated to Tenants’ individual tastes. Landlord and Owner shall not be held liable, or otherwise assume any responsibility, for any injuries that may occur to Tenants and/or Tenant’s Invitees, or their personal property (including damages, loss or theft), that is caused or permitted to be caused by the intentional, unintentional, negligent, or careless acts of said Tenants and/or Invitees. By the execution of this Agreement, Tenants agree to forever hold-harmless and indemnify Landlord and Owner (and their officers, directors, agents, successors and assigns) from any liability and/or responsibility arising from their use and occupancy of the Property.
Force Majeure: Notwithstanding any provision contained herein to the contrary, neither party shall be deemed to be in breach or default hereunder for failing to perform or provide any of the services or other obligations to be performed or provided pursuant to this Agreement if such failure is the result of any labor disputes, wars, national emergencies, natural disasters, strikes, labor disputes, utility failures, governmental regulations or restrictions, or any other Act of God which is beyond the reasonable control of the party.