The parties to this agreement are:
On one side, hereinafter TENANT, NAME, NATIONALITY, MARITAL STATUS, PROFESSION, CPF number XXXX, RG XXX, resident at XX Street, city of XXX, phone number XX mobile number XXX, E-mail address XXX;
And, on the other side, hereinafter LANDLORD, NAME, NATIONALITY, MARITAL STATUS, PROFESSION, CPF number XXXX, RG XXX, resident at XX Street, city of XXX, phone number XX mobile number XXX, E-mail address XXX;
THE PARTIES MENTIONED ABOVE HAVE MUTUALLY AGREED TO THE TERMS SET FORTH BELOW:
FIRST CLAUSE: PROPERTY
The real estate which is the object of this agreement is a house with XX bedrooms (xx private suite bedrooms), WITH/WITHOUT air conditioning, WITH/WITHOUT a swimming pool, located on XXXX in Paraty-RJ, pictures of which pictures can be viewed on www.acparaty.com.br, under number XXX.
SECOND CLAUSE: TERM
The term of the rental is for XX nights, beginning on XX/XX/2012, no earlier than 12:00 PM and ending on XX/XX/2012, no later than 5:00 PM, when the rental will be considered terminated, regardless of court notice or extra judicial notification, the TENANT being obliged to return the property totally free and vacated of persons or things.
Single Clause: If the property is not returned under the conditions and period agreed upon, the TENANT is liable for wrongful possession in addition to a daily fine of R$ 2,000 (two thousand reais), until the property is effectively returned.
THIRD CLAUSE: PAYMENT
The total amount of the rental hereby agreed upon is R$XXX.00 (XXX reais). Half shall be deposited in account XXX, agency XXX of XXX Bank, under the name of the LANDLORD, up to XX/XX/2012, as a holding payment and the other half shall be deposited by XX/XX/2012 in the same account. A receipt will be issued after the referred values are cleared.
First Paragraph: If the payment of the first half is not made within the period mentioned, it will constitute reason for this agreement´s termination, regardless of court notice or extra judicial notification. In the case the final payment is not made the agreement may be terminated, and the TENANT will not be refunded for the initial deposit amount. In the case the LANDLORD suspends the rental, twice the amount deposited must be refunded.
Second Paragraph: All utilities and condominium fees (if applicable) as well as applicable taxes are included in the rental amount.
FOURTH CLAUSE: PURPOSE
The property herewith is rented exclusively as a short term vacation residence for the TENANT and family and its use may not be modified, substituted or added upon in any manner. Equally, subleasing, assigning or transferring this contract is strictly forbidden, as well as the partial or total loan of the rented property to third parties, under penalty of the agreement´s termination and immediate return of the property.
FIFTH CLAUSE: MAINTENANCE
The TENANT agrees to maintain the property herewith as if it were his/her own, including the furniture, decoration objects and utensils provided, under penalty of agreement termination and indemnification for any damage caused. The TENANT also agrees to keep all the electrical and hydraulic parts working in the conditions they were found and assures that any damages caused by use during the rental term will be repaired at his/her expense. Any objects damaged during the rental term must be replaced by the TENANT for others of the same value or standard.
First Paragraph: The TENANT agrees to return the property in perfect conditions of cleanliness and with all the appliances/utensils (showers, fridges, television sets, fans, air conditioning – If applicable) in good condition, as well as with the garden trimmed and clean.
Second Paragraph: The TENANT will not be held responsible for natural wear to the property, objects, appliances and equipment in the selfsame.
SIXTH CLAUSE: PRESENTATION AND INSPECTION
The LANDLORD, or a person he/she shall assign, will welcome the TENANT upon arrival, showing the property and its main furniture, appliances and decoration objects. Upon the TENANT’S departure, they shall inspect the property together.
The TENANT authorizes the LANDLORD , or whomever he/she indicates, to inspect the rented property whenever the LANDLORD deems convenient, and authorizes the access to the property of persons to conduct eventual necessary repairs.
SEVENTH CLAUSE: OTHER MATTERS
1) The maximum number of overnight guests allowed on the property is XX people (children and/or adults);
2) Pets are not allowed on the property;
3) The LANDLORD will assign an employee to work at the property on a daily basis (eight hours a day) during the rental term. This employee must be paid directly by the TENANT the amount of R$XX.00 per day.
4) The LANDLORD will provide 01 (one) linen and towel set for each bed in the property besides kitchenware. The TENANT must provide own beach towels, as it is forbidden to leave the property with any of its objects or equipment; OR
4) The TENANT must bring towels and bed linen. The LANDLORD will provide kitchenware;
5) The TENANT agrees to respect the Noise Ordinance, in effect from 10:00 pm to 07:00 am of the following day;
6) The TENANT holds harmless the LANDLORD against accidents to visitors staying at the house or using the property in or outdoors;
7) At his discretion, the LANDLORD may make a telephone line available, thus the TENANT will be held responsible for the payments referring to the telephone bill, during the rental term, the LANDLORD being reimbursed against the bill´s presentation;
8) The present agreement consolidates all of the understandings, written or not, maintained by the parties involved, substituting and voiding any prior agreements to this matter.
Single Clause: Should the TENANT exceed the overnight occupancy limit, without written consent from the LANDLORD, a fine of 20% on the rental amount will be incurred per extra guest on a daily basis, in addition to the possibility of contract termination and immediate property delivery, at the LANDLORD´s discretion.
EIGHT CLAUSE: FORMAL COMMUNICATION
Upon agreement between the parties involved, all communication between LANDLORD and TENANT will be directly maintained between themselves, including the delivery and return of the property keys, presentation and inspection of the property, replacement of damages caused to the property and problem solving during the rental term.
NINTH CLAUSE: REAL ESTATE AGENCY INTERMEDIATION
Upon having received the initial rental payment, the LANDLORD will pay the real estate agent Eduardo La Regina de Andrade (Creci 33.935) 10% (ten percent) of the rental value, in 5 work days, related to the commission for identifying and qualifying the TENANT and for preparing this Vacation Rental Agreement.
Should the TENANT be interested in the purchase or in a new rental of the property object of this agreement, the parties commit to have real estate agent Eduardo La Regina de Andrade intermediate the negotiations and agreement.
The parties agree to the terms herein stated, signing the agreement in the presence of two witnesses, and hereby agree that the venue for enforcement and for resolving eventual disputes arising out of the agreement is the central court in Paraty – Rio de Janeiro, renouncing any other, as privileged as it may be.