SHORT-TERM VACATION RENTAL AGREEMENT

(Florida Transient Lodging – Non-Tenant Occupancy)

Purpose and Fairness Statement

This Agreement is intended to establish clear expectations and protections for both the Owner/Agent and the Guest and to ensure that each party is treated fairly and in good faith. This Agreement is governed by and shall be interpreted in accordance with Florida law. All rights, obligations, fees, charges, remedies, and enforcement provisions are intended to apply only to the extent permitted by Florida law. Where discretion is afforded, such discretion shall be exercised reasonably and in a manner consistent with lawful and fair short-term rental practices.

This Short-Term Vacation Rental Agreement (“Agreement”) is entered into between the Owner/Agent and the Primary Booking Guest identified below for the temporary use of the vacation rental property described herein.

OWNER / AGENT

Owner: 
Authorized Agent:  , together with any other duly authorized property manager, agent, or representative acting on the Owner’s behalf.

The Guest acknowledges that  , as an authorized agent of the Owner, has full authority to administer, enforce, and interpret this Agreement, including denying access, terminating occupancy, issuing invoices, and requesting assistance from law enforcement or the condominium association if necessary.

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PROPERTY AND STAY DETAILS

Property Address
2840 West Gulf Drive, Unit 3
Sanibel, Florida 33957

Check-In Date:  , 2026
Check-Out Date:  , 2026
Length of Stay:   nights

Payment Summary
Total Rental Charges (before taxes): $____________
Required Taxes: $____________
Total Amount Due (Rental + Taxes): $____________

Occupancy is permitted only for the dates listed above. Unauthorized early arrival or late departure constitutes a material breach of this Agreement.

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1. TRANSIENT STATUS – NO TENANCY

This Agreement is for short-term vacation lodging only. Guest and all occupants are transient guests, not tenants, pursuant to Florida Statutes §§ 82.045 and 509.013. No landlord-tenant relationship is created.

2. PRIMARY BOOKING GUEST REQUIREMENTS

The Primary Booking Guest must be thirty (30) years of age or older, must personally occupy the Property for the entire stay, and may be required to present valid government-issued photo identification. Third-party bookings are prohibited.

3. MAXIMUM OCCUPANCY / NO VISITORS

Maximum occupancy is four (4) guests total, including children and infants. Only guests listed in this Agreement may be present.

No visitors, invitees, or day guests are permitted at any time, including use of the unit, lanai, pool, beach access, parking, or common areas.

3A. AUTHORIZED OCCUPANTS; UNAUTHORIZED PERSONS; TRESPASS

Occupancy of the Property is strictly limited to the Primary Booking Guest and the additional guests specifically listed in this Agreement. Any person present who is not listed, or who remains after access has been denied or occupancy terminated, is not authorized to occupy the Property.

Providing false, incomplete, or inaccurate guest information constitutes a material breach. Owner or Agent may request assistance from law enforcement or the condominium association to remove unauthorized persons pursuant to Florida Statute § 509.141.

4. NO PARTIES OR EVENTS

Parties, events, or gatherings of any kind are strictly prohibited.

5. QUIET ENJOYMENT AND NOISE

Guest must comply with all HOA rules and local noise ordinances. Excessive noise is prohibited at all times.

6. HOA AND COMMUNITY RULES

Guest agrees to read, understand, and comply with all on-site posted house rules, HOA declarations, bylaws, governing documents, and any written rules provided before or during the stay.

Pool rules posted on-site must be followed at all times, including restrictions on food, glassware, and alcohol.

Any HOA fines or penalties caused by Guest or occupants will be billed by invoice and are the responsibility of the Guest.

7. ANIMALS

No pets or animals of any kind are permitted, including emotional support animals.

If a Guest believes any exception, accommodation, or special circumstance may apply, Guest must notify Owner or Agent in writing before signing this Agreement or making payment.

8. SMOKING, VAPING, AND ILLEGAL ACTIVITY

Smoking or vaping is prohibited inside the unit, on balconies or lanais, and in common areas. Illegal activity of any kind is prohibited.

9. PROPERTY CARE

Guest shall maintain the Property in good condition. Furniture may not be moved. Guest is responsible for any damage beyond normal wear and tear.

10. SMART HOME DEVICES

The Property may contain smart-home devices. Guests may mute or unplug devices but must reconnect them prior to departure.

11. VEHICLE, CARPORT, AND ELECTRIC VEHICLE USE

If the Guest plans to park any vehicle on the Property, Guest must notify Owner or Agent as soon as the Guest knows which vehicle will be parked. Vehicle information must be provided no later than one (1) hour prior to the scheduled 3:00 PM check-in time.

Required vehicle information includes make, model, state of registration, and license plate number. Information may be submitted via direct email or through the Airbnb messaging platform.

Parking privileges are not guaranteed without compliance.

Electric vehicle charging requires advance request, payment, and authorization. Charging is provided via a standard electrical outlet plug for convenience only, not a dedicated charging station. There is one outlet exclusively designated for this unit located in the private carport.

Outlet specifications are 220–240 volts, 30 amps, NEMA 14-30. Guest must supply compatible equipment or adapters.

EV outlet usage is $50 per week or any portion thereof.

Any EV charging use requires payment. If EV usage is identified during or after the stay without prior payment, Owner or Agent may issue an invoice post-stay. Unauthorized use constitutes an unpaid upgrade and a material breach.

12. CHECK-IN, CHECK-OUT, AND ACCESS

Check-out time is 11:00 AM. Access instructions will be released only after this Agreement is fully executed. Failure to sign does not cancel the booking but prevents entry.

13. RIGHT OF ENTRY

Owner or Agent may enter the Property for emergencies, maintenance, inspection, or enforcement purposes.

14. TERMINATION AND REMOVAL

Any violation of this Agreement constitutes a material breach and may result in immediate termination of occupancy without refund.

15. NO REFUNDS

Except as required by law or platform policy, all rental charges, taxes, fees, and upgrades are non-refundable once the stay begins.

16. TAXES

Short-term lodging is subject to Florida Sales and Use Tax and Lee County Tourist Development Tax at the rates in effect at the time of the stay. If booking on Airbnb, they will include charging taxes

17. PAYMENTS, INVOICING, LATE FEES, AND LEGAL COMPLIANCE

All invoices issued under this Agreement must be paid within seven (7) days of delivery.

Any invoice not paid within seven (7) days may be subject to a late charge of seventy-five dollars ($75), plus interest at 1.5% per month or the maximum rate permitted by Florida law, whichever is less.

All fees, late charges, interest, costs, and other amounts referenced in this Agreement shall be assessed and enforced only to the extent permitted by Florida law and in the interest of fairness to the Guest.

18. PRIMARY BOOKING GUEST RESPONSIBILITY

The Primary Booking Guest is responsible for ensuring that all occupants are informed of and comply with this Agreement. Violations by any occupant constitute a breach by the Primary Booking Guest.

19. CHARGEBACKS AND COLLECTION

Chargebacks after occupancy constitute a material breach. If any invoice or balance remains unpaid after the applicable payment period, Owner or Agent may seek recovery of unpaid amounts through binding arbitration.

20. ARBITRATION

Any dispute, claim, or controversy arising out of or relating to this Agreement, including unpaid charges, invoices, or damages, shall be resolved by binding arbitration administered by the American Arbitration Association in Lee County, Florida. Arbitration may be initiated after nonpayment of any invoice or balance due.

The prevailing party in arbitration shall be entitled to recover reasonable attorneys’ fees, arbitration costs, and expenses as awarded by the arbitrator.

21. ATTORNEYS’ FEES

To the extent not otherwise awarded in arbitration, the prevailing party in any permitted legal proceeding shall be entitled to reasonable attorneys’ fees and costs.

22. ASSUMPTION OF RISK AND LIABILITY WAIVER

Guest assumes all risk associated with use of the Property and any courtesy equipment, including bicycles, EV outlet use, and carport facilities.

23. SURVIVAL OF OBLIGATIONS

All obligations relating to payment, invoicing, late fees, indemnification, liability waivers, attorneys’ fees, dispute resolution, arbitration, and collection shall survive checkout, termination of occupancy, or removal from the Property.

24. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and is severable. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

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