Rent out a vacation property: Timeshare Lease
What is a Timeshare Lease?
When to use a Timeshare Lease:
- You own residential rental property that will be leased to a tenant.
- You own personal residence that will be leased to a tenant.
- You want to lease residential rental property from a landlord who does not have a lease form.
Sample Timeshare Lease
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Timeshare Lease
This Lease Agreement (this "Lease") is dated , by and between ("Landlord"), and and the following tenants:
PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant (the "Premises") located at , , .
TERM. The Tenant will have full control and use of the Premises beginning on and will terminate at 11:59p.m. on .
LEASE PAYMENTS. The total rental payment owed for this Lease is payable in advance. A nonrefundable deposit of shall be paid on or before in order to reserve the Tenants reservation. Said deposit will be applied to the total rental payment. The balance of is due and must be delivered to the Landlord on . Lease payments shall be made to Landlord at , , , which may be changed from time to time by Landlord.
Upon the vacating of the premises for termination of the lease, Landlord shall have 15 days to return the security deposit, or in which to give Tenant written notice by certified mail to Tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by Section 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address).
If Landlord fails to give the required notice within the 15-day period, he or she forfeits the right to impose a claim upon the security deposit.
Unless Tenant objects to the imposition of Landlord's claim or the amount thereof within 15 days after receipt of Landlord's notice of intention to impose a claim, Landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to Tenant within 30 days after the date of the notice of intention to impose a claim for damages.
If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.
Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and salespersons, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in Chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in Section 475.25(1)(d).
To the Tenant: You must notify your Landlord in writing within 4 days after you move of a forwarding address where you can be reached and where you will receive mail; otherwise your Landlord shall be relieved of sending you an itemized list of damages and the penalties adherent to that failure.
Landlord may withhold only that portion of the security deposit necessary to (1) remedy any default in the payment of rent, (2) repair damage to the premises, except ordinary wear and tear, caused by Tenant, and (3) clean the premises if necessary.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.
MINIMUM STAY. This property requires a night minimum stay. Longer minimum stays may be required during holiday periods.
USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. Tenant will maintain the premises in good order and appearance including keeping the premises free of trash and garbage. Reasonable wear and tear are the only exceptions to damage to the premises.
UTILITIES AND SERVICES. Landlord shall be responsible for all utilities and services incurred in connection with the Premises.
UTILITIES AND SERVICES. Tenant shall be responsible for all utilities and services incurred in connection with the Premises.
UTILITIES AND SERVICES.
Landlord shall be responsible for the following utilities and services in connection with the Premises:
- electricity
- water and sewer
- gas
- heating
- garbage and trash disposal
- janitorial services
- telephone services
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Tenant shall be responsible for the following utilities and services in connection with the Premises:
- electricity
- water and sewer
- gas
- heating
- garbage and trash disposal
- janitorial services
- telephone service
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Tenant acknowledges that Landlord has fully explained to Tenant the utility rates, charges and services for which Tenant will be required to pay (if any), other than those to be paid directly to the utility company furnishing the service.
PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible for maintaining casualty insurance on its own property. It is recommended that travel or timeshare insurance is obtained by the Tenant.
NON-DISTURBANCE CLAUSE. Tenant and their guests shall not disturb, annoy, endanger (fireworks) or inconvenience neighbors nor use the premises for any unlawful purposes.
CANCELLATIONS. (a) If the Property becomes unavailable to the Tenant prior to occupancy, for any reason, Landlord agrees to refund the full amount paid to the date of cancellation, and Tenant agrees to release any claims against Landlord. (b) If, for any reason, the Tenant cancels this Agreement more than days from the Arrival Date, Tenant will receive a refund of amounts paid, less a cancellation fee. For Tenant cancellations made days or less, all monies are forfeited unless Landlord is able to re-rent the Property under the same (or better) terms and conditions of this Agreement, for the full Term reserved. If the Property is re-rented under the same (or better) terms and conditions than this Agreement, Landlord will refund amounts paid, less a Cancellation Fee of . (c) There are no cancellations permitted within days of Tenant Arrival Date. All amounts paid (Reservation Deposit and Final Payment) will be forfeited. Failure to pay the Final Payment in a timely manner will be considered a cancellation under this subparagraph and will result in forfeiture of the Reservation deposit.
SMOKING. Smoking is strictly forbidden inside the Property. Smoking is only allowed "outside". Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee charges to Tenant as Excess Damage Cost and will be charged against the credit card on file or Tenant's security deposit at Landlord's election.
COOKING. Tenant may cook only in the specific areas set aside by Landlord for cooking. No open fires are allowed other than in the grill, outdoor fireplace, or in the stone hearth. The grill must remain in open area, away from trees, house, etc. All fires must be thoroughly extinguished before leaving unattended .
CLEANING. The property will be inspected and cleaned after departure. The rental fee includes laundry service for the towels and linens. Tenant is required to leave the property in the same general condition that it was received in by making sure that the dishes are washed and put away, and the house is generally picked up and ready to be vacuumed, dusted and laundered.
HOT TUB. Tenant acknowledges, and is fully aware that the hot tub can be dangerous and slippery. Injury can be caused by careless acts. The undersigned Tenant and their visitors accepts and assumes all risks involved in or related to the use of the hot tub.
OTHER RECREATION. As well as with any other activities participated in while on the premises, including but not limited to: all boating activities (sailing, kayaking, canoeing and the like), fishing, biking, hiking and various lawn games as may be available from time to time on the Property and grounds.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.
CASUALTY OR DESTRUCTION. (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Tenant, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Tenant. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Tenant and Landlord based on the following: No refund is due (or will be made) for inclement weather.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.
LANDLORD:
| , |
TENANT:
Such addresses may be changed from time to time by either party by providing notice as set forth above.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of .
ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.
BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.
ARBITRATION. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
CAUSE FOR EVICTION. The Tenant and all parties with the Tenant will be subject to immediate eviction from the Property if the Tenant or parties of the Tenant violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Tenant shall forfeit all amounts paid and there will be no refund of money.
ATTORNEY'S FEES AND COSTS. If Landlord employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Tenant, or because Tenant takes any action to recover deposits not due, Tenant shall be liable to Landlord for reasonable attorney's fees and costs incurred by Landlord.
ACKNOWLEDGMENT. The Parties hereby understand and accept the terms and conditions on all pages of this Agreement.
LANDLORD:
| By: | Date: |
TENANT:
| By: | Date: |
MICHIGAN RESIDENTS:
You should complete this checklist, noting the condition of the rental property, and return it to the Landlord within seven days after obtaining possession of the rental unit. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior tenants.
| By: ___________________________________ | Date: __________________ |
| By: ___________________________________ | Date: __________________ |
(i) __X__ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):
(ii) _____ Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(i) _____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain): ______________________________________________
(ii) __X__ Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(i) __X__ Landlord has provided the tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents):
(ii)_____ Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
(i) _____ Landlord has provided the Tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents): ______________________________________________
(ii)__X__ Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
| By: | Date: |
| By: | Date: |
| _____ | The Landlord and Tenant (and any Agent) must sign the Disclosure of Lead-Based Paint (for pre-1978 Properties). |
| _____ | The Inspection Checklist should be signed by the Landlord and Tenant after conducting the inspection. |
and the Inspection Checklist
| _____ |
| _____ |
| _____ | The Landlord is required to give the Tenant a copy of the Environmental Protection Agency's pamphlet entitled "Protect Your Family From Lead In Your Home." |
Attachments
| _____ | Legal description of the leased property |
| * | The Landlord is required by federal law to keep the signed copy of the Disclosure of Lead-Based Paint for a minimum of three years as proof of compliance with the rules. |
Timeshare Lease FAQs
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Is my Timeshare Rental Agreement legally binding?
As with any other legal agreement, Timeshare Leases are not legally binding until they are signed by the landlord and all tenants. This is not a run-of-the-mill Timeshare Lease template. Any Timeshare Rental Agreement under a Rocket Lawyer membership is supported by Document Defense®, an optional benefit designed to help enforce your rights.
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Do I need to write a Timeshare Agreement for each new rental?
Regardless of whether your property is new or many years old, it's crucial to keep track of all rentals with a lease. The following list of benefits might help to inform your decision to use one:
- All parties understand their responsibilities
- Neither party is surprised by how long the lease lasts
- Rent payment requirements are well-defined
Some consequences of not signing this document may include late rent, damaged property, unauthorized tenants, and inconvenient move-out dates.
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How is a Timeshare Rental Agreement template organized?
To complete your Timeshare Lease, you'll need:
- The location and description of the property
- The full legal name of each tenant
- How long the rental will last
- What rent and other fees will be charged
- What utilities or amenities will be provided
As you might hope, the Timeshare Leases that you build using Rocket Lawyer also include legal language about late rent, smoking and/or drug use, short- or long-term guests, pets, and moving out before the rental period ends. In the process of building your document, you also will be able to include information about maintenance procedures, furnishings, and insurance requirements. With the Rocket Lawyer document tool, you have the ability to implement additional custom edits, as well.
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Where can I fill out a custom Timeshare Contract for free?
Fortunately, you won't have to start from scratch when putting your agreement in writing. With the document tools on Rocket Lawyer, anyone should feel empowered to draft a free Timeshare Lease very easily. Your agreement is built piece by piece, so you can be sure that it has all of the appropriate information that you'll need. Typically, given the level of personalization, you might end up paying a traditional law firm a few hundred dollars, if not more, in fees.
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What needs to happen after I write a Timeshare Lease?
When you are ready to complete your Timeshare Lease, it will need to be signed by both parties. With RocketSign®, you can do this online. As a best practice, make sure that the tenant receives copies of your fully executed agreement. With a Premium membership, you also may save it in PDF format or as a Word file, make a copy, and print it out when needed. Also, feel free to take a look at our entire selection of real estate legal documents .
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How do local rental laws affect my Timeshare Agreement Contract?
The law continually evolves over time and it can vary from town to town. If you have any particular hesitations or concerns about local rental laws, ask an attorney . The answer will vary depending on whom you ask, but quite often some lawyers may not even agree to review your rental contract if they weren't the author. A more favorable approach might be to request help from the Rocket Lawyer On Call® attorney network. If you sign up for a Premium membership, you have the ability to ask for a contract review from an experienced lawyer or send other questions related to your Timeshare Rental Agreement. We are always here to support you.
