VACATION RENTAL AGREEMENT
(Intended for occupancy of 30 days or less)
1. PROPERTY: Occupant rents,for vacation purposes only, the furnished real property and improvements described as:
North Coast Village Building “A”, Apt. A221 situated: 999 N. Pacific St., Oceanside, County of San Diego California ("Premises"), 92054. , The Premises has 1 bedroom and 1 bath (maximum occupancy 4 overnight guests)
2. AUTHORIZED USE AND GUESTS: The Premises are for the sole use as a personal vacation residence by not more than 4 adults and children. No other guests, visitors or persons are permitted overnight. If the Premises are used, in any way, by more or different persons than those identified in this paragraph, (i) Occupant, Authorized Guests and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Occupant is in breach of this Agreement; and (iii) Occupant forfeits its right to return of any security deposit.
3. PAYMENTS: Occupant agrees to the following payment terms and conditions;
A. The Premises will not be held for Occupant until this Agreement is signed by Occupant.
4. BALANCE DUE; If any amount due is not received by the applicable Payment Due Date, Owner may, at Owner's sole discretion, either terminate this Agreement and refund to Occupant all payments except the reservation fee charged by the online booking company.
SECURITY DEPOSIT
A security deposit may be required for your stay, depending on the booking platform and reservation terms, as outlined below.
Airbnb Reservations
For bookings made through Airbnb, no separate security deposit will be collected directly by the Host. Instead, the reservation is covered by Airbnb's AirCover for Hosts / Host Damage Protection program. In the event of damage to the property, excessive cleaning needs, missing items, or violations of house rules resulting in cost to the Host, the Host reserves the right to file a claim through Airbnb's Resolution Center within the timeframe permitted by Airbnb's policies. Guests agree to cooperate with any such claims process, including providing information or responses requested by Airbnb.
Vrbo Reservations
For bookings made through Vrbo, a security deposit may be collected at the time of booking or required as a damage deposit hold through Vrbo's Damage Protection program, as specified in the listing. If a refundable damage deposit applies, it will be authorized or collected via Vrbo's payment system and released according to Vrbo's standard timeline following checkout, provided no damage, missing items, excessive cleaning, or rule violations are reported. Any deductions will be processed in accordance with Vrbo's policies and procedures, and the Host will provide documentation supporting any claim.
Owner-Held Security Deposits
For reservations where the Host directly collects and holds a security deposit (outside of platform-administered protection programs), the following terms apply:
Amount and Collection. A security deposit in the amount specified in the booking confirmation will be collected prior to check-in, via the payment method designated by the Host.
Purpose. The deposit serves as security against damage to the unit or its contents, missing items, excessive cleaning beyond normal wear, unauthorized guests, smoking violations, pet violations (if pets are not permitted or exceed the agreed number), late checkout fees, lock-related charges (such as lockout service calls or code reset fees), and any other charges resulting from a breach of this agreement.
Inspection. The Host or Host's representative will inspect the unit following checkout. Guest will be notified of any deductions within a reasonable timeframe, generally within 7–14 days of checkout.
Refund. Provided the unit is left in satisfactory condition, with no damage, missing items, or violations of the terms herein, the deposit (less any applicable deductions) will be refunded to Guest using the original payment method within 7–14 days following checkout.
Deductions Exceeding Deposit. If the cost of damages, missing items, or other charges exceeds the amount of the security deposit, Guest agrees to remit payment for the additional amount within 10 days of receiving an itemized invoice from the Host. Guest authorizes the Host to charge any card on file for such additional amounts.
Documentation. The Host will provide photographic evidence and/or receipts supporting any deductions made from the security deposit upon request.
No Waiver. Payment or retention of the security deposit does not limit the Host's right to pursue additional remedies, including legal action, for damages exceeding the deposit amount.
5. CANCELLATION; REFUND: California Senate Bill 644 overrides any short-term rental agreement and requires that all properties allow cancellations without penalty within 24 hours of booking, provided the cancellation is made at least 72 hours before check-in. In short, if you cancel at least 3 days before your arrival, you’ll receive a full refund. After that window, our standard cancellation policy applies. No refund will be given for any cancellation made within 3 days of arrival.
6. HOLDING OVER: Occupant agrees there shall be no holding over or late departure without prior approval. Any unauthorized holding over by Occupant shall be subject to a charge of 1 and 1/2 times the daily prorated rent ("Holdover Rate"), plus any additional damages incurred including, but not limited to, the cost of alternative housing for guests displaced by Occupant's holding over. Late check-outs will be charged 50% of the Holdover Rate. ).
7. CLEANING: Premises will be delivered to Occupant in a professionally cleaned condition. Upon termination of occupancy, Premises will be professionally cleaned including linens that were used during the stay. Tenant is responsible for stained linens that cannot be cleaned.
8. NO PETS: Pets are not allowed. If an unauthorized pet is on the Premises, (i) Occupant is responsible for all damage caused by the pet, (ii) Occupant, Authorized Guests, pet(s) and all others may be required to immediately leave the Premises, or be removed from it, (iii) Occupant is in breach of this Agreement, and (iv)Occupant forfeits its right to return of any security deposit.
9. NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Occupant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Occupant, Authorized Guests, and all others may be required to immediately leave the Premises, or be removed from the Premises; (iii) Occupant is in breach of this Agreement; and (iv) Occupant forfeits its right to return of any security deposit.
10. CONDITION OF PREMISES: Occupant has not viewed the Premises prior to entering into this Agreement. Occupant shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Occupant the right to cancel this Agreement or receive a refund of any payments made.
11. UTILITIES: Owner is to pay for all utilities except as follows: Occupant agrees to pay for all pay per view TV movies viewed.
12. RULES; REGULATIONS; NO COMMERCIAL USE: Occupant agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Occupant. Occupant shall not, and shall ensure that guests and licensees of Occupant shall not: (i) disturb, annoy, endanger, or interfere with other occupants of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
13. CONDOMINIUM; PLANNED UNIT DEVELOPMENT: The Premises is a unit in a condominium, planned unit development or other development governed by a homeowners' association ("HOA"). The name of the HOA is North Coast Village.
Occupant agrees to comply with all covenants, conditions and restrictions, bylaws, rules, regulations and decisions of the HOA. Owner shall provide Occupant copies of rules and regulations of the HOA, if any. Occupant shall reimburse Owner for any fines or charges imposed by the HOA or other authorities, due to any violation by Occupant or the guests or licensees of Occupant. MAINTENANCE: Occupant shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Occupant shall immediately notify Owner or Owner's Representative of any problem, malfunction or damage. Occupant shall pay for all repairs or replacements caused by Occupant, guests and licensees of Occupant, excluding ordinary wear and tear. Occupant shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner. Occupant shall pay for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
HOA PARKING NOTICE:
One (1) dedicated parking space will be provided for the Guest's entire party for the duration of the stay. The space assignment will be communicated at or before check-in.
Guests with additional vehicles requiring parking beyond the one assigned space must comply with the North Coast Village HOA's parking rules and regulations, which include the following:
All parked vehicles must display a valid parking permit (temporary permits are available through the HOA office or the 24-hour Patrol office).
Non-reserved parking spaces are available on a first-come, first-served basis and are limited to 24 hours; vehicles must be moved to another non-reserved space every 24 hours.
All parking spaces are for passenger vehicles only. Campers, trailers, boats, motor homes, RVs, and commercial vehicles are prohibited.
Parking in fire lanes, driveways, trash areas, and other non-designated areas is strictly prohibited at all times.
Maximum speed throughout the community is 5 mph, and backing into parking spaces is prohibited.
Any vehicle in violation of HOA parking rules is subject to citation, fine, and/or towing at the vehicle owner's and/or unit owner's expense.
Guests are responsible for ensuring all vehicles in their party comply with the above rules. The Host/Owner is not responsible for towing fees, citations, or other charges resulting from a Guest's failure to comply with HOA parking policy.
Parking Violation Fee
If a parking violation occurs and a penalty fee is billed to the Owner as a result (in addition to any HOA-imposed fines, citations, or towing charges), Guest agrees to reimburse the Owner $50 per violation. This amount may be deducted from the security deposit or charged to the online portal used for the reservation.
14. ALTERATIONS: Occupant shall not make any alterations in or about the Premises including, but not limited to, moving furniture, painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials.
15. ENTRY:
A. Owner and Owner's representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Occupant has complied with the terms of this Agreement; or (iii) in case of emergency.
B. Owner and Owner's representatives and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, mortgagees, lenders, appraisers or contractors.
16. NO ASSIGNMENT OR SUBLETTING: Occupant shall not assign any interest in this Agreement or sublet any part of the Premises. If this Agreement is assigned or the Premises or any part thereof is sublet, (i) Occupant, Authorized Guests, assignee(s), sublessee(s) and all others may be required to immediately leave the Premises, or be removed from it; (ii) Occupant is in breach of this Agreement; and (iii) Occupant forfeits its right to return of any security deposit.
17. UNAVAILABILITY: If for any reason beyond the control of Owner or Owner's Representative, the Premises is unavailable, Owner or Owner's Representative may substitute a comparable unit or cancel this Agreement and refund in full to Occupant all payments made.
OCCUPANT'S OBLIGATIONS UPON TERMINATION OF OCCUPANCY: Upon termination of occupancy, Occupant shall: (i) give Owner all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Owner empty of all persons; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Owner in the same condition less ordinary wear and tear as received upon arrival.
18. PERSONAL PROPERTY AND INJURY:
A. Owner Insurance: Occupant's or guests' personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner does not insure against personal injury to Occupant, guests or licensees due to any reason other than the condition of the Premises.
B. Occupant Insurance: Owner recommends that Occupant carry or obtain insurance to protect Occupant, guests and licensees and their personal property from any loss or damage.
C. Indemnity and Hold Harmless: Occupant agrees to indemnify, defend and hold harmless Owner and Owner's Representative from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Occupant, Occupant's guests or licensees or their personal property.
19. MEDIATION: Occupant agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
20. MEGAN'S LAW 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. (Neither Owner nor Brokers, if any, are required to check this website. If Occupant wants further information, Occupant should obtain information directly from this website.)
21. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Occupant, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Occupant.
22. TRANSIENT OCCUPANCY: Occupant is renting the Premises as a transient lodger for the number of days specified in paragraph 3 from Owner who retains full legal, Possessory and access rights.
23. KEYS; LOCKS: Occupant has chosen their own 4 digit code to obtain keyless access to the Premises and will obtain a parking permit and all fob keys from the HOA office. In the event of key loss, Occupant agrees to reimburse Owner for each key/fob at $55 per set should a loss occur. Occupant may not remove locks, even if installed by Occupant. The keyless access code will remain valid beginning on arrival date and expire after departure time (11am unless late check out has been selected). Occupant must contact Owner to gain access to property outside of the rental period.
24.OTHER TERMS AND CONDITIONS, including ATTACHED SUPPLEMENTS: NONE
25.ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Occupant are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of California. California shall have personal jurisdiction over the parties and the county in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.
IMPORTANT NOTICE - INSTRUCTIONS TO GAIN ACCESS: Guests are required to collect a parking permit along with two sets of keys, which include a fob and a facility key, from the Homeowners Association office situated in building "B." Please park your vehicle in any of the designated spaces outside the main building "B," specifically marked as "Guest Check-in. "Once you have parked, proceed to the main walkway on the right-hand side of the parking area. Inform the guard at the patrol office that you are there to retrieve your keys. Please note that lost keys will incur a charge of $55 per set. The guard will provide you with further instructions.
KEYS MUST BE PICKED UP AT THE HOA OFFICE (M-SAT, UNTIL 4:30PM, CLOSED ON SUNDAYS) OR AT THE PATROL OFFICE. (DAILY OPENED 24 HOURS) UPON DEPARTURE, KEYS ARE TO BE RETURNED TO THE HOA OFFICE DROP BOX.
For information regarding the Premises or this Agreement, contact Owner;
DAVID MUINOS, 2375 STAR FALL CIRCLE,LAVERNE,CA.91750 TELE:909-964-6820 EMAIL: DAVID@MUINOSBIZ.COM
(C.A.R. Form VRA, Revised 07-14/24)