HOW TO RENT THE TRUMAN LAKE HOUSE
1. Look at the available dates for your vacation week. Rentals are Saturday to Saturday until late August/early September (depending upon availability). Select an open date, and contact us at ertruman@cox.net or Ruth Truman at (602) 390-4302 to confirm that your preferred week is still available. (You may be placed on a WAIT list at our discretion of "pending" reservation dates if more than one party is actively seeking the same week.) Open weeks are rented on a "first come, first serve" basis with consideration given to prior guests.
2. Review the attached Lease Agreement, and contact Ruth Truman to prepare YOUR Lease Agreement specifics, which will be e-mailed to you (or sent hard copy via US Mail if you prefer). Then you simply print, sign and mail to us with appropriate check made out to: Ruth Truman, P. O. Box 36291, Phoenix, AZ 85067. Keep a copy for your records.
3. Enclose a check for the Security Deposit AND, if your rental Start Date is less than 30 days away, enclose the full rental fee with 7.375% MN state sales tax and Otter Tail County sales tax (which rate is subject to change by MN Dept. of Revenue). If your rental start date is more than 30 days away, then send your Security Deposit along with 50% of your rental fee plus the sales tax total. The final 50% is due 30 days BEFORE your rental start date. Payment installments may be available on 2+ week duration rentals to prior tenants only; contact Ruth Truman if you'd like to request this option.
4. If you have any questions, we'd be delighted to help you-- please send your question via e-mail to ertruman@cox.net or call Ruth at (602) 390-4302. We also have a "Getting To Know You" information print-out we can e-mail to our guests that tells guests everything about the accommodations and a "Directions" print-out giving guests directions from the Fargo area, where the nearest airport is located (about an hour's drive from the Truman Lake House) and directions from the Minneapolis Airport, which is about 4 hours away by car.
Deposit Request/Lease Agreement
Truman Lake House on Pelican Lake
Detroit Lakes, Minnesota
Revised 12-16-2023 for SUMMER 2024
RECITALS: This vacation house rental agreement ("Agreement") is entered into between Edward B. Truman & Ruth C. Truman ("Owner") and _______, ("Tenant") regarding the vacation rental of the real property located on the north shore of (big) Pelican Lake, _________________, Detroit Lakes, MN. 56501 (“Lake House” or "Property").
TERMS AND CONDITIONS
1. RESERVATION CONFIRMATION SPECIFICS AND REQUIREMENTS
a. This Agreement must be signed, dated and returned with deposit to Owner in order for Owner to reserve a time period for you. Please check to see that all information is correct and alert Owner immediately if anything is not correct. Please double check your dates and arrival/departure times.
b. This is a vacation rental Agreement under the laws of Minnesota. The rights and obligations of the parties are defined within the contents of this written Agreement. This is not a binding agreement until it is signed by both parties and Owner has received the Security Deposit and Initial Payment.
c. YOUR RESERVATION:
Arrival Date: ____202_ Departure Date ______ 202_
Check-In Time: 4 PM Check-Out Time: 11 AM
Maximum occupancy: SIX overnight guests per night
d. CHARGES.
Rent $ _____. per week x __ week(s)= $ ________
Plus 7.375% tax (MN rental sales tax/Otter Tail County rental sales tax) $ ______
Total: $ ______
PLUS your Security Deposit: $500.00 which includes a $200.00 non-refundable cleaning fee for 202__.
Initial Payment of $_________ due _____, 202_
Final Payment of $ _________ due ______, 202_ (30 days before check in date.)
e. Please make all checks payable to: Ruth Truman and mail to PO Box 36291, Phoenix, AZ 85067.
2. PAYMENTS. Your personal check, cashiers check, money order, cash or electronic payment for the Security Deposit is due within five (5) business days from the day you fax, mail or e-mail your desired reservation dates. If requested week(s) is available, your reservation will be held until the INITIAL PAYMENT set forth above is received in a timely manner. If payment is not received by the date set forth, your reservation will automatically cancel and Owner reserves the right to retain your Security Deposit. The FINAL PAYMENT must be received no later than 30 days prior to your arrival. Currently the state of Minnesota requires a 6.875% rental sales tax Otter Tail County has added .5% rental sales tax, for a combined rental tax (State plus County) of 7.375%.
PLEASE CALENDAR THE DUE DATES FOR YOUR SECURITY PAYMENT, INITIAL PAYMENT and FINAL PAYMENT. Arrangements can be made for wire transfer of funds if you need to make those arrangements to avoid a late payment.
3. INSUFFICIENT FUNDS. Any check returned to Owner’s bank for “insufficient funds” will not be resubmitted. You will be notified and your payment by cashier’s check or money order or wire transfer will be required within 5 calendar days of notification. All returned checks will incur a $50 handling fee.
4. LATE BOOKINGS. If you make a reservation less than 30 days prior to arrival, it is considered a “Late Booking” and the total rent, taxes and Security Deposit are due immediately. Payment in full must be in Owner’s possession within five (5) business days. If you are doing a Late Booking less than 10 days prior to arrival, we will not accept personal checks; you must send a cashier’s check by overnight mail service or wire transfer to Owner’s bank. The exception to this policy only applies if you are proceeding through AIRBNB; however, ALL reservations require a Security Deposit to reserve your week.
5. LEASEHOLD INTEREST. Many Tenants will vacation with other family members or friends, but only one person (or one couple, if married) who are designated as the "Tenant(s)", shall sign the Lease. We hold the Tenant(s) responsible for payments, security deposit and all other facets of the Leaseholder responsibilities spelled out in this lease, including damages, even if the damages are caused by Tenant's friends, relatives or other invitees. Tenants should consult their own insurance company and obtain their own rental insurance regarding damages and liability to cover the costs of such damages which may occur; neither Landlord nor its insurer shall be responsible to cover such damages or insurance coverage deductibles. Please designate one person (or couple, if married) in your party or family to be responsible for sending in one payment per reservation in the event a number of your party are each contributing to the cost of the vacation.
6. SECURITY DEPOSIT. Your Security Deposit will be held against damage and timely check-out. Owner has the right to Security Deposit offset for repair of any damage determined to have been caused by Tenant, replacement of any missing or broken items, including but not limited to replacement keys and any long distance phone calls made or accepted to Owner’s phone, including a $10 service charge per call for same. Otherwise, your Security Deposit will be returned via the US Postal Service within 15 days after the arrival of the Lake House telephone bill to Owner’s possession, or 45 days, whichever is earlier, unless you elect to “roll-over” the outstanding Security Deposit towards your future vacation time slot the following summer. Damages in excess of the Security Deposit on file shall be the responsibility of Tenant(s) and shall be remitted within 30 days of damage assessment notification. $200.00 of the Security Deposit is a non-refundable cleaning fee . (Note: There is an exception is AIRBNB Tenants, who will have AIRBNB collect their non-refundable cleaning fee; therefore for AIRBNB Tenants only, the cleaning fee will not be deducted from the refundable Security Deposit sent directly to Owner.)
7. CHECK-IN. The Lake House will be ready by 4:00 PM, local time, barring any unforeseen emergencies beyond our control. Our Caretaker/Host needs every minute between the 11:00 AM check-out and 4:00 PM check-in window to insure the cleanliness of the Lake House. Please do not interfere with their work or ask them to allow you entry before 4 PM. We make every effort to insure that the Lake House is clean and ready for occupancy by 4:00 PM. We ask that you please make your travel plans to arrive at 4:00 PM and not any earlier. At check-in you will be given two sets of keys which shall be returned when you check-out.
8. CHECK-OUT. Check out time is promptly at or before 11:00 AM, NO EXCEPTIONS unless specifically provided for in this Agreement at Paragraph 1 (c). Anyone returning keys after 11:00 AM will be charged for a half (½ ) day rent based on your rental rate and this amount shall be deducted from your Security Deposit. Before you leave, please read and follow the required check-out instructions, printed on the "Getting To Know You" paperwork. It is very important that you make sure all doors and windows are closed and locked so weather and insects are kept out of the Lake House. You will have been given 2 keys at check-in. There is a $10 per key charge for lost keys. Tenant agrees to follow the Check Out Instructions regarding washing and drying their used linens, final trash disposal, etc. prior to checking out. While it is the Tenant's responsibility to wash, dry and fold the bedding and towels used during their stay before they depart, Tenant MAY OPT FOR EXECUTIVE LINEN SERVICE FOR AN ADDITIONAL CHARGE OF $50.00, to be paid by check or cash at time of Check-Out if Tenant chooses not to do this required laundry on Check-Out day. Executive Linen Service requires that you notify Owner and Host that you are opting for Linen Service and that you place all used sheets and pillow cases and used towels, wash cloths and such in the laundry area for the Host to wash, dry and fold for Tenant. Under no circumstances should you leave dirty linen on the beds or in the bathrooms, or elsewhere around the property.
9. LATE CHECK-IN/EARLY CHECK-OUT. If you think you are going to arrive for check-in after 4:00 PM it is IMPERATIVE you call Owner and the Caretaker/Host that will meet you in order to make arrangements for you to pick up your keys and get an orientation of the Lake House. (You may elect a self-check-in with no charges if you arrive late or if you do not need our Caretaker/Host to meet you on your first day.) If you plan to check out early before 11:00 AM on the final day of your lease, please call the Caretaker/Host the night before to arrange for a key drop. We recommend a personal check-out with our Caretaker/Host whenever possible so that you can confirm the inventory which is taken at the end of each Tenant’s stay.
10. CANCELLATIONS. All cancellations or reservation changes must be made in writing. If you must cancel your reservation and if it is more than 60 days in advance of your arrival date, then we will refund your advance rental payment and Security Deposit. If you must cancel and you notify us less than 60 days prior to your arrival date, then there will be NO REFUND. We urge you to obtain independently secured trip insurance at your own expense to cover your lost expenses in case of emergencies or unforeseen circumstances that would require you to cancel your trip. Requesting a transfer to another week or time block is considered the same as a cancellation; although a transfer will be accommodated at the discretion of Owner IF and ONLY IF the alternative week(s) you seek are still open at the time of your written request.
11. LOCK-OUTS. Please keep a key with you at all times to prevent accidental lockouts. You will be charged a $25 special trip fee for someone to come from Fargo, ND and let you in your property if you are unable to find your keys.
12. FURNISHINGS/EQUIPMENT. The Lake House is privately owned and is fully equipped with several televisions with satellite service, washer and dryer, dishwasher, refrigerator, stove and microwave. It is also furnished with basic housekeeping accessories, such as a coffee maker, toaster, dishes, cookware and flatware. Beds have mattress pads, sheets, bedspreads, pillows, linens. Bathrooms have bath towels and wash cloths. Tenants are welcome to bring their own linens, etc. as long as they remove their items at the end of their stay. If something breaks, report it immediately so that we can arrange repair and replacement. Do NOT attempt to repair or replace any item yourself, unless specifically authorized by Owner.
The Lake House is furnished and decorated to reflect the Owner’s taste and needs. We are not able to add or exchange existing equipment. If you have specific needs or expect a certain style or quality of décor, then personal inspection prior to signing your contract is encouraged. The Lake House is available for viewing when not occupied, on an appointment only basis with our Caretaker/Hosts or Owner if available. We cannot make other arrangements upon arrival if you do not like the furnishings, equipment, decoration etc. We cannot move you to another home and there will be no refunds or discounts because of a Tenant’s dissatisfaction with the Lake House furnishings, equipment, décor, cleanliness, location or any malfunction of equipment. Where feasible, repairs will be scheduled during your stay to any item that malfunctions so that your inconvenience is minimized. Every effort has been made to assure that our descriptions are accurate; however, we cannot be held responsible for changes made by Owner in furnishings, equipment or updates, printing errors in advertisements, classified ads, websites or flyers. Rates, descriptions and availability dates are subject to change without notice.
13. NOT SUPPLIED: You will need to bring your own paper products such as paper towels, paper plates, paper cups, toilet paper, soap, staples, groceries and personal items, including beach towels, sunscreen, charcoal, lighter fluid, propane for gas grill, bug spray etc. If you use any of the house's "pre-existing" items set forth above, please replenish these items before check-out. Certain staples may be labeled “Not for Guests” and we request that you do not use these items, or if you must use them due to an emergency, you should replace them with the same quantity and quality prior to your departure. Motorized boats are not supplied by Landlord and may be brought to the Property dock by Tenant. All boats (except for small kayaks, canoes, wind surf boards and the like) must be securely four (4) point tied to the middle of the dock where the dock forms an open figure "4" as viewed from above the dock from the boathouse. Docking boats on the portions of the dock outside of the figure 4 may cause damage to the dock and the boat and is strictly prohibited. Any damages caused by docking a boat other than in the 4 point manner inside of the figure 4 position, whether damage to the dock or the boat, shall be the sole responsibility of the Tenant. Tenant acknowledges there are currently no lifts provided for Tenant boats and hereby agrees to abide by the preceding docking requirements. If a boat is too big to fit within the figure 4 portion of the dock and tied down in a 4 point manner, then the boat is too large to be docked by the Property and must be docked off-property. Some Tenants elect to install their own lifts, which is permissible with Owner's prior written approval. Tenant shall make their own arrangements to rent dock space on the lake if they bring boats too numerous or too large to be accommodated by Owner's dock. The docks are wooden docks supported by steel under-structures and are installed each spring and taken out of the water each fall. In the event Owner's dock configuration is not installed with a Figure 4 configuration, contact Owner for boat docking instructions. In the event Owner installs a boat lift, Tenant will be contacted to confirm whether the lift will accommodate the size of boat Tenant intends to dock. Tenant shall not dock boats on a lift that is too large/too small for the size of lift present. Nothing here shall obligate Owner to provide any boat lift as a condition of tenancy.
14. PETS. Tenants are prohibited from bring pets into the Lake House unless prior written approval has been obtained from Owner and a separate Pet Deposit of $500.00 has been paid. NO ANIMALS EXCEPT DOGS WILL BE CONSIDERED. PETS may be denied at Landlord's sole discretion. Tenant agrees to clean up all pet waste and deposit appropriately on a daily basis. PETS are strongly discouraged because of subsequent guests’ allergies and a desire to maintain a clean and fresh smelling residence without extra cleaning that may take longer than the 5 hours allotted between groups in order to clean up pet hair, pet damages and waste materials. Additionally, your PET may not feel comfortable in an un-fenced yard and may encounter other wild or domestic animals in the general locale that Owner has no control over and may become lost. Approved PETS shall not be allowed to roam unleashed except inside the fenced enclosure north of the garage area and may not be left unattended within this pet enclosure. Tenants must curb dog barking. Any PETS that have not been pre-approved with OWNER prior to your arrival that are brought to the Property could result in a forfeiture of both your lease term (i.e., you may be required to vacate the premises with your PET) and a forfeiture of all rents paid along with charges for any damages that resulted because of the pets. Your Caretaker/Host will be informed whether a PET has been pre-approved prior to your arrival. Please insist that your occasional visitors DO NOT BRING their PETS, as Tenant is responsible for all damages caused by visitors’ animals. Service Animals (as defined by the Americans with Disabilities Act aka ADA, are animals that are individually trained to do specific work or perform tasks for people with disabilities) are exempt from the pet deposit, however, Landlord must be notified in writing that a Service Animal will be entering the Property before the Lease Agreement is entered into in order to arrange for proper post-visit cleaning. Note that "Dogs whose sole function is to provide comfort or emotional support" do not qualify as service animals under the Americans With Disabilities Act and will be treated as PETS under the terms of this Lease Agreement.
Your Pet Deposit of $______ for pre-approved Pet is required at time of reservation.
15. TELEPHONES and Wi-Fi. The Property is generally able to receive cellular signals, so please bring a cell phone if you need telephone service. Summer internet service is available, provided you bring your own devices. Our Guide Book located at the lakehouse has the Wi-Fi account name and password. This is not a secured account.
16. MAINTENANCE/HOUSEKEEPING. Every effort has been made to assure that all equipment is in good working order, however, just like your home, breakdowns do occur. If you experience a problem, we ask that you call the Owner and Caretaker/Host immediately and we will work quickly to have the problem corrected as soon as possible. Owner is not responsible for the working condition or malfunction of equipment such as TV, DVDs, stereos, appliances, etc. No refund or rate adjustment will be made for mechanical failure, utility interruption or construction regarding such issues. After hours repairs will be limited to emergency situations only. Tenants and their guests will be charged for unwarranted service calls. This Lake House is cleaned after every Tenant vacates. Please call us immediately upon arrival if it is not cleaned to your satisfaction. There will be no discounts for dissatisfaction, but we will attempt to send a housekeeper out to take care of concerns you may have. In the event the previous Tenants have caused the carpet to need shampooing, we will arrange for that service as soon as possible if spot cleaning is not effective during the end of stay cleaning after the previous tenant's stay.
Tenants may occasionally hear the engines of lawn-mowers and leaf-blowers of owner's landscape maintenance workers, as well as the workers of near-by houses; such workers may not arrive at a convenient time for Tenants.
GARBAGE. We have contracted for one large 96 gallon green wheeled can of garbage pick-up through Waste Management per week. We have two cans located on the parking pad. Please set out only 1 can per week, unless you require two full cans, and then please notify us so we can notify Waste Management of an extra can pick-up that week. The can(s) must be pulled up the slight hill and placed at the top of the entry drive way where you first entered the property. (Place can(s) in the vicinity of the private red Stop sign). Please roll out garage can every SUNDAY evening for MONDAY morning pick-up. Everyone’s cooperation in this matter is essential, particularly since the garbage that the previous guests leave behind (who typically vacate on a Saturday) must be taken by subsequent guests on Sunday night to the end of the drive-way so that garbage does not pile up and become a nuisance. In the event of inclement weather or heavy winds on a Sunday evening, please remember to take the garbage out early Monday morning for pick-up so that the large wheeled cans do not roll around in the street. If you choose to recycle, there are several recycling lastic containers in the south garage that can be set up as a recycling center in the utility hallway; these should be emptied into the large marked plastic recycling bins in the south garage. Currently, Waste Management does not pick up any recycled goods, just garbage. When the recycling barrels in the south garage reach capacity, please transport to the recycle drop-off center at the Otter Tail County's Recycling Bins located in the first driveway on the north side of Highway 20 immediately east of the Wildflower Golf Course entry (This recycling center is located approximately 1 mile east of Gosslee Road on Highway 20).
17. OCCUPANCY LIMITS AND RESTRICTIONS. The occupancy limit of the Lake House is clearly stated in the first paragraph of this Agreement. Children are counted in the occupancy unless they are under the age of 2 and normally sleep in a crib or in bed with their parents. (We do not supply cribs). Tenants shall not exceed the occupancy limitations, as our annual short term vacation rental license with Otter Tail Country has a maximum occupancy requirement. Abuse of the limits may result in the Tenant and his/her guests being asked to vacate the property without a refund and/or incur charges of $100 per person per night of excessive use of facilities ("Excessive Use Fee") to be taken out of the Security Deposit. If such Deposit is inadequate, then Tenant is personally responsible for such Excessive Use Fee not sufficiently covered by the Security Deposit.
No mobile unit, such as campers, RVs or trailers can be used at the Lake House for sleeping, cooking or any purpose other than transportation. RVs and trailers used for transportation (not occupancy during the Tenancy) cannot be parked on the parking pad adjacent to the garages; they must be parked on the Truman "back lot" adjacent to the old tennis court (north of the mailboxes) Park them on the lawn west of the two sailboats. Our access drive-way is shared via legal easement with the adjacent property owner to the WEST; therefore the access drive-way to our parking pad must remain accessible. Tenant and guests shall use extra care in parking, unloading and walking in the parking pad area, which parking pad is significantly sloped between the north garage and the south garage.
We maintain a family atmosphere for the quiet enjoyment of our guests with consideration due to our surrounding neighbors. While we understand families desire to gather together to enjoy each other’s company, we urge you to use good judgment and consideration when hosting large gatherings as violations may impact our licensing requirements. Please keep alcohol consumption under control so that the consequences of being on a lake, enjoying the property or driving do not turn tragic. We require that there be ABSOLUTELY NO HOUSE PARTIES, NO DRUGS, LOUD, FOUL MOUTHED, “WILD” PARTIES, (i.e., ones which would inspire our neighbors to call the authorities) YOUTH GROUPS, FRATERNITIES, WEDDINGS, RECEPTIONS, MEETINGS OR OTHER LOUD OR DISRUPTIVE GATHERINGS ON THE PROPERTY. WE DO NOT RENT TO PERSONS UNDER 21 YEARS OF AGE (“MINORS”), SUCH AS STUDENTS OR GROUPS OR MINORS/STUDENTS UNDER ANY CIRCUMSTANCES, EVEN IF A PARENT OR LEGALLY RESPONSIBLE ADULT MAKES THE RESERVATIONS AND/OR PAYS THE RENT.
Parents are allowed to bring their minor children (including those between age 18 and 21) and the minor children of friends so long as the occupancy limits are not exceeded and the minors guests have written permission from their parent/guardian to be at Tenant’s vacation at the Truman Lake House and there is a responsible adult over the age of 21 supervising and staying overnight with the minors and supervising 18-20 year old persons.
18. TENTATIVE RESERVATION REQUESTS FOR THE FOLLOWING YEAR. We make every effort to give this season’s guests priority for next year’s vacation weeks, and you may roll your Security Deposit over to secure the week(s) you desire, subject to availability and Owner's discretion. Please advise us as soon as possible if you’d like us to reserve a following year’s week, as many of our guests come back year after year and desire particular weeks. These Tentative Reservations assume that the Owner elects to make the Lake House available in subsequent seasons; Owner is not obligated to do so. If you do not reserve your week(s) to return in the following year within a week after your check-out date, others on a Wait List may be given your preferred week(s). Returning Guests with a Security Deposit balance of at least $200 will be able to “roll over” this year’s unused Security Deposit to the following year. Reservations require a signed Agreement from Tenant plus any additional required Security Deposit needed to bring the total to $500. Fifty percent (50%) of the next year’s rent is due within 30 days of the receipt of Reservation by Landlord. Notwithstanding the foregoing, there is no implied promise that Owner will continue to own or rent the Premises in future periods. Any deposits or rents paid for future tenancy shall be refunded to Tenants in the event the Owner closes on a sale of the Property prior to occupancy or otherwise ceases to hold the Property open for rent during the rental period. Owner shall give prompt notice to any reserved Tenants upon such occurrence.
19. NO SMOKING OR "VAPING" ALLOWED INSIDE THE LAKE HOUSE. No smoking of tobacco or marijuana (even if the user has a MN medical marijuana card) and no vaping is allowed within the home; outside smokers must take care not to discard cigarette butts in a manner that could set fire to the home or landscape or cause damage or litter. Tenants and their guests agree to refrain from tossing cigarette butts on the ground or decks and shall properly dispose of all ashes/butts. Security Deposits will be charged for all cigarette/cigar burns and for extra clean-up time required to gather butt trash. NO ILLEGAL DRUGS ARE ALLOWED, PERIOD. MANY GUESTS HAVE ALLERGIES THAT ARE SIGNIFICANTLY AND NEGATIVELY AFFECTED BY THE SMELL OF SMOKE AND VAPOR and violation of this rule may greatly reduce the subsequent guests" full enjoyment of the Lake House.
20. PARKING. No parking is allowed on the far western two feet (2’) of the paved parking lot located at the garage landing, as this small strip of the land is an ingress/egress easement area only for the neighbor's house/lot to the right (west) as you approach the parking pad; this small 2' strip of pavement is not a parking area. Additionally, the long drive-way from the mailboxes to the parking pad is shared via a legal easement with the property owners to the West (to the right as you approach), and must remain clear and accessible to them. The parking pad is uneven and slopes significantly between the north garage and south garage and Tenant and guests agree to use care when parking, unloading and walking upon the uneven surfaces. Parking is also available on the east side (only) of the drive-way next to the fenced-in garden, and on the North side of the old tennis court area across from the mail boxes in the small meadow immediately North of the old tennis court. (The old tennis court is owned by Owner. Tenants and guests who use the tennis court do so SOLELY AT THEIR OWN RISK, holding Owner harmless from any injuries sustained thereupon, acknowledging that the old tennis court and the open meadow is NOT regularly maintained and is NOT INCLUDED in their tenancy.)
21. LOST AND FOUND. We are not responsible for any items left behind. However, if you leave something behind, call us and we will make every effort to locate it and return it to you if we find your missing item(s). There will be a $10 service charge to package and mail any found lost item back to you that you request be returned, plus postage. Any items found that are not claimed will be kept by our Caretaker/Hosts for 30 days only, after which time, unclaimed items may be donated to charity or discarded.
22. ACKNOWLEDGEMENTS AND DISCLOSURES. If Tenant, Guests or any member of Tenant’s party violate any of the conditions or agreements in this contract during their week(s) or fail to leave at the end of the paid rental term, we may terminate this contract and enter the premises and/or institute statutory proceedings at which time all monies and deposits will be forfeited. Tenants, themselves and on behalf of their guests, hereby agree to indemnify, save and hold Owner and its agents harmless from any injury sustained in the use of the Property or the adjacent lake and for all damages caused by Tenant or their guests. Tenants acknowledge and agree that Owner has no control over the weather and any damage done to the Property's docks, decks, boats, patio furniture or structures. Repairs will be done as soon as possible. Tenants who bring their own watercraft, such as motor boats, pontoons and the like, do so SOLELY AT THEIR OWN RISK, holding Owner harmless from any injuries sustained thereupon. Owner makes no representations as to the lake water conditions, depth, feasibility for fishing or recreation and Tenant acknowledges and agrees that such matters are not within the control of Owner and may change from time to time.
IF THE PROPERTY IS LISTED FOR SALE: Tenant acknowledges that the Property has been listed for sale in the past and may become listed for sale with a local real estate company in the future, in which event the realtor may, from time to time, with 24 hour prior notice to Tenant, whenever possible, arrange to show the Property during the Tenancy Period. Realtor and other Agents shall make every effort to make any such showings only between 9 AM and 6 PM and for as brief a time period and as non-disruptive as possible for Tenants. Tenants shall temporarily remove themselves from the Property's house during the brief showing period.
As of _______, Owner discloses that to the best of his knowledge and information, there is no For Sale listing and there are no scheduled showings and no prior viewings by any party have generated any offers or purchase contract negotiations. In the event the Property Owner receives an acceptable offer to purchase from a third party prior to the Tenant's reserved dates, Owner shall immediately notify Tenant and Tenant may elect to receive a 100% full refund and not occupy for any of the Tenancy dates, or, alternatively, Tenant may elect to occupy up until one week before scheduled Closing on the sale, at a pro-rated rental rate, with a refund of the total rent (including discounts) divided by the number of days Tenant did not occupy the full term of their reservation.
TENANT DUTIES AND ACKNOWLEDGMENTS. Tenant agrees to comply with all obligations imposed by this Agreement and Minnesota law with respect to maintenance of the Lake House including but not limited to keeping the Lake House as clean and safe as the conditions of the Lake House permit and causing no unsafe or unsanitary conditions in the Lake House and surrounding property that Tenant uses. Tenant shall notify Owner and Caretaker/Hosts of the need of replacement of or repairs to a smoke detector, and replacement of batteries if needed during the tenancy. Tenant agrees not to use the Lake House for any activity or purposes that violate this Agreement or any criminal law or governmental regulation. Tenant shall follow the Check -Out Instructions regarding washing their used linens, final trash disposal, etc. prior to checking out. Tenant’s breach of any duty contained in this Agreement shall be considered material, and may result in the termination of Tenant’s tenancy, removal and forfeiture of the Security Deposit at Owner’s discretion. For your safety, Tenants shall regularly keep deck, outside entry area and sidewalks swept to remove sticks and leaves that can appear during rain and windy conditions as they may potentially cause trip and fall hazards to Tenants and guests.
23. EXPEDITED EVICTION. If a tenancy is for 30 days or less, the expedited eviction procedures within Minnesota statutes will apply. A Tenant may be evicted in an expedited manner if the Tenant does any of the following:
a. Holds over possession after his or her tenancy has expired.
b. Has committed a material breach of the terms of the lease agreement that, according to the terms of the agreement results in the termination of his or her tenancy.
c. Fails to pay rent as required by the lease agreement.
d. Has obtained possession of the property by fraud or misrepresentation.
e. Causes damage to the extent that the Property is not safe to occupy or causes damages such that repairs are not feasible during occupancy.
24. INDEMNIFICATION. Owner, and its agents and asignees (including Caretaker/Hosts) shall be indemnified and held harmless against any liability for personal injury or property damage sustained by any person (including tenants’ guests) as a result of any cause, unless caused by the Owner’s or agent’s willful or gross negligent act. This includes indemnity of personal injury or property damage sustained as a result of use of any items, including but not limited to stairs, docks, patios, barbecue grills, kayaks, water toys, boats, or the lake adjacent to the property. Docks are slippery when wet and are susceptible to damage by winds, rain and high water. Tenant may bring their own boats or rentals (and lifts, upon written permission of Owner) and by doing so, assume all liability for same; lifts are not provided for guest use, unless specifically notified prior to occupancy of lift installation and qualifications for Tenant's specific boat use. TENANT AND GUESTS SPECIFICALLY ASSUME THE RISK OF ACTIVITY IN AND AROUND THE LAKE. Tenant and Guests should supervise children at all times, especially around indoor and outdoor decks, railings, stairways, upstairs “catwalks”, patio railings, steps, docks, parking areas, driveways and hillsides, which are steep and may be wet or slippery and which may be large enough for a child to pass through. Owner and its agents have the right to enter the premises during tenancy to inspect, make repairs or to show the Lake House property for sale. Owner shall make every effort to contact Tenant 24 hours or more before such inspection (except for emergency repairs) and shall schedule such inspection and repairs during daylight hours whenever possible. Tenants are responsible to obtain Renter's Insurance under their own insurance policy, as Owner shall not be required to file an insurance claim for damages done by Tenants or its invitees, guests or visitors under Owner's insurance policy. Tenant shall be responsible for any deductible under its Renter's Policy.
25. AMENDMENTS. Amendments to this Agreement shall be in writing and signed by all parties to the Agreement.
26. ENTIRE AGREEMENT. This Agreement represents the entire agreement of the parties, and there are no representations, inducements or other provisions other than those contained in this agreement. The parties agree that in the event of a dispute, the agreement will be interpreted in accordance with Minnesota law. The Parties agree that this lease agreement is to be considered as having been entered into the county and or city where the Lake House is located and that in the event of a dispute, parties agree that any legal action may be commenced only in Otter Tail County, Minnesota, unless otherwise mutually agreed to. This is a legally binding agreement and if Tenant does not understand it, Tenant should consult his/her attorney. No assignment or subletting is permitted without prior written permission. All agents of Owner shall conduct all activities in regard to this agreement without respect to the race, religion, sex, national origin, handicap or familial status of any tenant. Owner reserves the right to refuse to rent to anyone in their sole discretion. The lease agreement shall not become binding until signed by both parties and the Security Deposit and Initial Payment are received by Owner.
I/We have read the previous pages of this Agreement and understand and agree to be strictly bound by the contents, which constitute the entire agreement. I/We specifically understand that:
No PETS Allowed unless Pet has Prior Approval and Additional Pet Security of $500.00 has been paid. Initials of Tenant ___ ___
No SMOKING/VAPING Permitted in House or Garages or Boathouse Initials of Tenant ___ ___
No LOUD and/or LARGE HOUSE PARTIES Permitted Initials of Tenant ___ ___
If this Property is currently listed For Sale, Tenant acknowledges that if it is purchased prior to your rental dates, this Agreement may be cancelled by Owner and a full refund of rents/deposits shall be promptly returned to you.
Initials of Tenant ___ ___
TENANT SIGNATURE(s):
________________________ ______________________ Print Name: _____________ Print Name: ___________
Dated: __________________________
Address:_______________________________________ City: __________ State: ______________ Zip: ___
Cell Phone: __________ E-Mail Address: _______________
Contact Phone/Cell Phone while Traveling: ______________
TRUMAN LAKE HOUSE OWNER SIGNATURE:
__________________
Dated: _____
Truman Lake House on Pelican Lake
Detroit Lakes, Minnesota
Revised 12-16-2023 for SUMMER 2024
RECITALS: This vacation house rental agreement ("Agreement") is entered into between Edward B. Truman & Ruth C. Truman ("Owner") and _______, ("Tenant") regarding the vacation rental of the real property located on the north shore of (big) Pelican Lake, _________________, Detroit Lakes, MN. 56501 (“Lake House” or "Property").
TERMS AND CONDITIONS
1. RESERVATION CONFIRMATION SPECIFICS AND REQUIREMENTS
a. This Agreement must be signed, dated and returned with deposit to Owner in order for Owner to reserve a time period for you. Please check to see that all information is correct and alert Owner immediately if anything is not correct. Please double check your dates and arrival/departure times.
b. This is a vacation rental Agreement under the laws of Minnesota. The rights and obligations of the parties are defined within the contents of this written Agreement. This is not a binding agreement until it is signed by both parties and Owner has received the Security Deposit and Initial Payment.
c. YOUR RESERVATION:
Arrival Date: ____202_ Departure Date ______ 202_
Check-In Time: 4 PM Check-Out Time: 11 AM
Maximum occupancy: SIX overnight guests per night
d. CHARGES.
Rent $ _____. per week x __ week(s)= $ ________
Plus 7.375% tax (MN rental sales tax/Otter Tail County rental sales tax) $ ______
Total: $ ______
PLUS your Security Deposit: $500.00 which includes a $200.00 non-refundable cleaning fee for 202__.
Initial Payment of $_________ due _____, 202_
Final Payment of $ _________ due ______, 202_ (30 days before check in date.)
e. Please make all checks payable to: Ruth Truman and mail to PO Box 36291, Phoenix, AZ 85067.
2. PAYMENTS. Your personal check, cashiers check, money order, cash or electronic payment for the Security Deposit is due within five (5) business days from the day you fax, mail or e-mail your desired reservation dates. If requested week(s) is available, your reservation will be held until the INITIAL PAYMENT set forth above is received in a timely manner. If payment is not received by the date set forth, your reservation will automatically cancel and Owner reserves the right to retain your Security Deposit. The FINAL PAYMENT must be received no later than 30 days prior to your arrival. Currently the state of Minnesota requires a 6.875% rental sales tax Otter Tail County has added .5% rental sales tax, for a combined rental tax (State plus County) of 7.375%.
PLEASE CALENDAR THE DUE DATES FOR YOUR SECURITY PAYMENT, INITIAL PAYMENT and FINAL PAYMENT. Arrangements can be made for wire transfer of funds if you need to make those arrangements to avoid a late payment.
3. INSUFFICIENT FUNDS. Any check returned to Owner’s bank for “insufficient funds” will not be resubmitted. You will be notified and your payment by cashier’s check or money order or wire transfer will be required within 5 calendar days of notification. All returned checks will incur a $50 handling fee.
4. LATE BOOKINGS. If you make a reservation less than 30 days prior to arrival, it is considered a “Late Booking” and the total rent, taxes and Security Deposit are due immediately. Payment in full must be in Owner’s possession within five (5) business days. If you are doing a Late Booking less than 10 days prior to arrival, we will not accept personal checks; you must send a cashier’s check by overnight mail service or wire transfer to Owner’s bank. The exception to this policy only applies if you are proceeding through AIRBNB; however, ALL reservations require a Security Deposit to reserve your week.
5. LEASEHOLD INTEREST. Many Tenants will vacation with other family members or friends, but only one person (or one couple, if married) who are designated as the "Tenant(s)", shall sign the Lease. We hold the Tenant(s) responsible for payments, security deposit and all other facets of the Leaseholder responsibilities spelled out in this lease, including damages, even if the damages are caused by Tenant's friends, relatives or other invitees. Tenants should consult their own insurance company and obtain their own rental insurance regarding damages and liability to cover the costs of such damages which may occur; neither Landlord nor its insurer shall be responsible to cover such damages or insurance coverage deductibles. Please designate one person (or couple, if married) in your party or family to be responsible for sending in one payment per reservation in the event a number of your party are each contributing to the cost of the vacation.
6. SECURITY DEPOSIT. Your Security Deposit will be held against damage and timely check-out. Owner has the right to Security Deposit offset for repair of any damage determined to have been caused by Tenant, replacement of any missing or broken items, including but not limited to replacement keys and any long distance phone calls made or accepted to Owner’s phone, including a $10 service charge per call for same. Otherwise, your Security Deposit will be returned via the US Postal Service within 15 days after the arrival of the Lake House telephone bill to Owner’s possession, or 45 days, whichever is earlier, unless you elect to “roll-over” the outstanding Security Deposit towards your future vacation time slot the following summer. Damages in excess of the Security Deposit on file shall be the responsibility of Tenant(s) and shall be remitted within 30 days of damage assessment notification. $200.00 of the Security Deposit is a non-refundable cleaning fee . (Note: There is an exception is AIRBNB Tenants, who will have AIRBNB collect their non-refundable cleaning fee; therefore for AIRBNB Tenants only, the cleaning fee will not be deducted from the refundable Security Deposit sent directly to Owner.)
7. CHECK-IN. The Lake House will be ready by 4:00 PM, local time, barring any unforeseen emergencies beyond our control. Our Caretaker/Host needs every minute between the 11:00 AM check-out and 4:00 PM check-in window to insure the cleanliness of the Lake House. Please do not interfere with their work or ask them to allow you entry before 4 PM. We make every effort to insure that the Lake House is clean and ready for occupancy by 4:00 PM. We ask that you please make your travel plans to arrive at 4:00 PM and not any earlier. At check-in you will be given two sets of keys which shall be returned when you check-out.
8. CHECK-OUT. Check out time is promptly at or before 11:00 AM, NO EXCEPTIONS unless specifically provided for in this Agreement at Paragraph 1 (c). Anyone returning keys after 11:00 AM will be charged for a half (½ ) day rent based on your rental rate and this amount shall be deducted from your Security Deposit. Before you leave, please read and follow the required check-out instructions, printed on the "Getting To Know You" paperwork. It is very important that you make sure all doors and windows are closed and locked so weather and insects are kept out of the Lake House. You will have been given 2 keys at check-in. There is a $10 per key charge for lost keys. Tenant agrees to follow the Check Out Instructions regarding washing and drying their used linens, final trash disposal, etc. prior to checking out. While it is the Tenant's responsibility to wash, dry and fold the bedding and towels used during their stay before they depart, Tenant MAY OPT FOR EXECUTIVE LINEN SERVICE FOR AN ADDITIONAL CHARGE OF $50.00, to be paid by check or cash at time of Check-Out if Tenant chooses not to do this required laundry on Check-Out day. Executive Linen Service requires that you notify Owner and Host that you are opting for Linen Service and that you place all used sheets and pillow cases and used towels, wash cloths and such in the laundry area for the Host to wash, dry and fold for Tenant. Under no circumstances should you leave dirty linen on the beds or in the bathrooms, or elsewhere around the property.
9. LATE CHECK-IN/EARLY CHECK-OUT. If you think you are going to arrive for check-in after 4:00 PM it is IMPERATIVE you call Owner and the Caretaker/Host that will meet you in order to make arrangements for you to pick up your keys and get an orientation of the Lake House. (You may elect a self-check-in with no charges if you arrive late or if you do not need our Caretaker/Host to meet you on your first day.) If you plan to check out early before 11:00 AM on the final day of your lease, please call the Caretaker/Host the night before to arrange for a key drop. We recommend a personal check-out with our Caretaker/Host whenever possible so that you can confirm the inventory which is taken at the end of each Tenant’s stay.
10. CANCELLATIONS. All cancellations or reservation changes must be made in writing. If you must cancel your reservation and if it is more than 60 days in advance of your arrival date, then we will refund your advance rental payment and Security Deposit. If you must cancel and you notify us less than 60 days prior to your arrival date, then there will be NO REFUND. We urge you to obtain independently secured trip insurance at your own expense to cover your lost expenses in case of emergencies or unforeseen circumstances that would require you to cancel your trip. Requesting a transfer to another week or time block is considered the same as a cancellation; although a transfer will be accommodated at the discretion of Owner IF and ONLY IF the alternative week(s) you seek are still open at the time of your written request.
11. LOCK-OUTS. Please keep a key with you at all times to prevent accidental lockouts. You will be charged a $25 special trip fee for someone to come from Fargo, ND and let you in your property if you are unable to find your keys.
12. FURNISHINGS/EQUIPMENT. The Lake House is privately owned and is fully equipped with several televisions with satellite service, washer and dryer, dishwasher, refrigerator, stove and microwave. It is also furnished with basic housekeeping accessories, such as a coffee maker, toaster, dishes, cookware and flatware. Beds have mattress pads, sheets, bedspreads, pillows, linens. Bathrooms have bath towels and wash cloths. Tenants are welcome to bring their own linens, etc. as long as they remove their items at the end of their stay. If something breaks, report it immediately so that we can arrange repair and replacement. Do NOT attempt to repair or replace any item yourself, unless specifically authorized by Owner.
The Lake House is furnished and decorated to reflect the Owner’s taste and needs. We are not able to add or exchange existing equipment. If you have specific needs or expect a certain style or quality of décor, then personal inspection prior to signing your contract is encouraged. The Lake House is available for viewing when not occupied, on an appointment only basis with our Caretaker/Hosts or Owner if available. We cannot make other arrangements upon arrival if you do not like the furnishings, equipment, decoration etc. We cannot move you to another home and there will be no refunds or discounts because of a Tenant’s dissatisfaction with the Lake House furnishings, equipment, décor, cleanliness, location or any malfunction of equipment. Where feasible, repairs will be scheduled during your stay to any item that malfunctions so that your inconvenience is minimized. Every effort has been made to assure that our descriptions are accurate; however, we cannot be held responsible for changes made by Owner in furnishings, equipment or updates, printing errors in advertisements, classified ads, websites or flyers. Rates, descriptions and availability dates are subject to change without notice.
13. NOT SUPPLIED: You will need to bring your own paper products such as paper towels, paper plates, paper cups, toilet paper, soap, staples, groceries and personal items, including beach towels, sunscreen, charcoal, lighter fluid, propane for gas grill, bug spray etc. If you use any of the house's "pre-existing" items set forth above, please replenish these items before check-out. Certain staples may be labeled “Not for Guests” and we request that you do not use these items, or if you must use them due to an emergency, you should replace them with the same quantity and quality prior to your departure. Motorized boats are not supplied by Landlord and may be brought to the Property dock by Tenant. All boats (except for small kayaks, canoes, wind surf boards and the like) must be securely four (4) point tied to the middle of the dock where the dock forms an open figure "4" as viewed from above the dock from the boathouse. Docking boats on the portions of the dock outside of the figure 4 may cause damage to the dock and the boat and is strictly prohibited. Any damages caused by docking a boat other than in the 4 point manner inside of the figure 4 position, whether damage to the dock or the boat, shall be the sole responsibility of the Tenant. Tenant acknowledges there are currently no lifts provided for Tenant boats and hereby agrees to abide by the preceding docking requirements. If a boat is too big to fit within the figure 4 portion of the dock and tied down in a 4 point manner, then the boat is too large to be docked by the Property and must be docked off-property. Some Tenants elect to install their own lifts, which is permissible with Owner's prior written approval. Tenant shall make their own arrangements to rent dock space on the lake if they bring boats too numerous or too large to be accommodated by Owner's dock. The docks are wooden docks supported by steel under-structures and are installed each spring and taken out of the water each fall. In the event Owner's dock configuration is not installed with a Figure 4 configuration, contact Owner for boat docking instructions. In the event Owner installs a boat lift, Tenant will be contacted to confirm whether the lift will accommodate the size of boat Tenant intends to dock. Tenant shall not dock boats on a lift that is too large/too small for the size of lift present. Nothing here shall obligate Owner to provide any boat lift as a condition of tenancy.
14. PETS. Tenants are prohibited from bring pets into the Lake House unless prior written approval has been obtained from Owner and a separate Pet Deposit of $500.00 has been paid. NO ANIMALS EXCEPT DOGS WILL BE CONSIDERED. PETS may be denied at Landlord's sole discretion. Tenant agrees to clean up all pet waste and deposit appropriately on a daily basis. PETS are strongly discouraged because of subsequent guests’ allergies and a desire to maintain a clean and fresh smelling residence without extra cleaning that may take longer than the 5 hours allotted between groups in order to clean up pet hair, pet damages and waste materials. Additionally, your PET may not feel comfortable in an un-fenced yard and may encounter other wild or domestic animals in the general locale that Owner has no control over and may become lost. Approved PETS shall not be allowed to roam unleashed except inside the fenced enclosure north of the garage area and may not be left unattended within this pet enclosure. Tenants must curb dog barking. Any PETS that have not been pre-approved with OWNER prior to your arrival that are brought to the Property could result in a forfeiture of both your lease term (i.e., you may be required to vacate the premises with your PET) and a forfeiture of all rents paid along with charges for any damages that resulted because of the pets. Your Caretaker/Host will be informed whether a PET has been pre-approved prior to your arrival. Please insist that your occasional visitors DO NOT BRING their PETS, as Tenant is responsible for all damages caused by visitors’ animals. Service Animals (as defined by the Americans with Disabilities Act aka ADA, are animals that are individually trained to do specific work or perform tasks for people with disabilities) are exempt from the pet deposit, however, Landlord must be notified in writing that a Service Animal will be entering the Property before the Lease Agreement is entered into in order to arrange for proper post-visit cleaning. Note that "Dogs whose sole function is to provide comfort or emotional support" do not qualify as service animals under the Americans With Disabilities Act and will be treated as PETS under the terms of this Lease Agreement.
Your Pet Deposit of $______ for pre-approved Pet is required at time of reservation.
15. TELEPHONES and Wi-Fi. The Property is generally able to receive cellular signals, so please bring a cell phone if you need telephone service. Summer internet service is available, provided you bring your own devices. Our Guide Book located at the lakehouse has the Wi-Fi account name and password. This is not a secured account.
16. MAINTENANCE/HOUSEKEEPING. Every effort has been made to assure that all equipment is in good working order, however, just like your home, breakdowns do occur. If you experience a problem, we ask that you call the Owner and Caretaker/Host immediately and we will work quickly to have the problem corrected as soon as possible. Owner is not responsible for the working condition or malfunction of equipment such as TV, DVDs, stereos, appliances, etc. No refund or rate adjustment will be made for mechanical failure, utility interruption or construction regarding such issues. After hours repairs will be limited to emergency situations only. Tenants and their guests will be charged for unwarranted service calls. This Lake House is cleaned after every Tenant vacates. Please call us immediately upon arrival if it is not cleaned to your satisfaction. There will be no discounts for dissatisfaction, but we will attempt to send a housekeeper out to take care of concerns you may have. In the event the previous Tenants have caused the carpet to need shampooing, we will arrange for that service as soon as possible if spot cleaning is not effective during the end of stay cleaning after the previous tenant's stay.
Tenants may occasionally hear the engines of lawn-mowers and leaf-blowers of owner's landscape maintenance workers, as well as the workers of near-by houses; such workers may not arrive at a convenient time for Tenants.
GARBAGE. We have contracted for one large 96 gallon green wheeled can of garbage pick-up through Waste Management per week. We have two cans located on the parking pad. Please set out only 1 can per week, unless you require two full cans, and then please notify us so we can notify Waste Management of an extra can pick-up that week. The can(s) must be pulled up the slight hill and placed at the top of the entry drive way where you first entered the property. (Place can(s) in the vicinity of the private red Stop sign). Please roll out garage can every SUNDAY evening for MONDAY morning pick-up. Everyone’s cooperation in this matter is essential, particularly since the garbage that the previous guests leave behind (who typically vacate on a Saturday) must be taken by subsequent guests on Sunday night to the end of the drive-way so that garbage does not pile up and become a nuisance. In the event of inclement weather or heavy winds on a Sunday evening, please remember to take the garbage out early Monday morning for pick-up so that the large wheeled cans do not roll around in the street. If you choose to recycle, there are several recycling lastic containers in the south garage that can be set up as a recycling center in the utility hallway; these should be emptied into the large marked plastic recycling bins in the south garage. Currently, Waste Management does not pick up any recycled goods, just garbage. When the recycling barrels in the south garage reach capacity, please transport to the recycle drop-off center at the Otter Tail County's Recycling Bins located in the first driveway on the north side of Highway 20 immediately east of the Wildflower Golf Course entry (This recycling center is located approximately 1 mile east of Gosslee Road on Highway 20).
17. OCCUPANCY LIMITS AND RESTRICTIONS. The occupancy limit of the Lake House is clearly stated in the first paragraph of this Agreement. Children are counted in the occupancy unless they are under the age of 2 and normally sleep in a crib or in bed with their parents. (We do not supply cribs). Tenants shall not exceed the occupancy limitations, as our annual short term vacation rental license with Otter Tail Country has a maximum occupancy requirement. Abuse of the limits may result in the Tenant and his/her guests being asked to vacate the property without a refund and/or incur charges of $100 per person per night of excessive use of facilities ("Excessive Use Fee") to be taken out of the Security Deposit. If such Deposit is inadequate, then Tenant is personally responsible for such Excessive Use Fee not sufficiently covered by the Security Deposit.
No mobile unit, such as campers, RVs or trailers can be used at the Lake House for sleeping, cooking or any purpose other than transportation. RVs and trailers used for transportation (not occupancy during the Tenancy) cannot be parked on the parking pad adjacent to the garages; they must be parked on the Truman "back lot" adjacent to the old tennis court (north of the mailboxes) Park them on the lawn west of the two sailboats. Our access drive-way is shared via legal easement with the adjacent property owner to the WEST; therefore the access drive-way to our parking pad must remain accessible. Tenant and guests shall use extra care in parking, unloading and walking in the parking pad area, which parking pad is significantly sloped between the north garage and the south garage.
We maintain a family atmosphere for the quiet enjoyment of our guests with consideration due to our surrounding neighbors. While we understand families desire to gather together to enjoy each other’s company, we urge you to use good judgment and consideration when hosting large gatherings as violations may impact our licensing requirements. Please keep alcohol consumption under control so that the consequences of being on a lake, enjoying the property or driving do not turn tragic. We require that there be ABSOLUTELY NO HOUSE PARTIES, NO DRUGS, LOUD, FOUL MOUTHED, “WILD” PARTIES, (i.e., ones which would inspire our neighbors to call the authorities) YOUTH GROUPS, FRATERNITIES, WEDDINGS, RECEPTIONS, MEETINGS OR OTHER LOUD OR DISRUPTIVE GATHERINGS ON THE PROPERTY. WE DO NOT RENT TO PERSONS UNDER 21 YEARS OF AGE (“MINORS”), SUCH AS STUDENTS OR GROUPS OR MINORS/STUDENTS UNDER ANY CIRCUMSTANCES, EVEN IF A PARENT OR LEGALLY RESPONSIBLE ADULT MAKES THE RESERVATIONS AND/OR PAYS THE RENT.
Parents are allowed to bring their minor children (including those between age 18 and 21) and the minor children of friends so long as the occupancy limits are not exceeded and the minors guests have written permission from their parent/guardian to be at Tenant’s vacation at the Truman Lake House and there is a responsible adult over the age of 21 supervising and staying overnight with the minors and supervising 18-20 year old persons.
18. TENTATIVE RESERVATION REQUESTS FOR THE FOLLOWING YEAR. We make every effort to give this season’s guests priority for next year’s vacation weeks, and you may roll your Security Deposit over to secure the week(s) you desire, subject to availability and Owner's discretion. Please advise us as soon as possible if you’d like us to reserve a following year’s week, as many of our guests come back year after year and desire particular weeks. These Tentative Reservations assume that the Owner elects to make the Lake House available in subsequent seasons; Owner is not obligated to do so. If you do not reserve your week(s) to return in the following year within a week after your check-out date, others on a Wait List may be given your preferred week(s). Returning Guests with a Security Deposit balance of at least $200 will be able to “roll over” this year’s unused Security Deposit to the following year. Reservations require a signed Agreement from Tenant plus any additional required Security Deposit needed to bring the total to $500. Fifty percent (50%) of the next year’s rent is due within 30 days of the receipt of Reservation by Landlord. Notwithstanding the foregoing, there is no implied promise that Owner will continue to own or rent the Premises in future periods. Any deposits or rents paid for future tenancy shall be refunded to Tenants in the event the Owner closes on a sale of the Property prior to occupancy or otherwise ceases to hold the Property open for rent during the rental period. Owner shall give prompt notice to any reserved Tenants upon such occurrence.
19. NO SMOKING OR "VAPING" ALLOWED INSIDE THE LAKE HOUSE. No smoking of tobacco or marijuana (even if the user has a MN medical marijuana card) and no vaping is allowed within the home; outside smokers must take care not to discard cigarette butts in a manner that could set fire to the home or landscape or cause damage or litter. Tenants and their guests agree to refrain from tossing cigarette butts on the ground or decks and shall properly dispose of all ashes/butts. Security Deposits will be charged for all cigarette/cigar burns and for extra clean-up time required to gather butt trash. NO ILLEGAL DRUGS ARE ALLOWED, PERIOD. MANY GUESTS HAVE ALLERGIES THAT ARE SIGNIFICANTLY AND NEGATIVELY AFFECTED BY THE SMELL OF SMOKE AND VAPOR and violation of this rule may greatly reduce the subsequent guests" full enjoyment of the Lake House.
20. PARKING. No parking is allowed on the far western two feet (2’) of the paved parking lot located at the garage landing, as this small strip of the land is an ingress/egress easement area only for the neighbor's house/lot to the right (west) as you approach the parking pad; this small 2' strip of pavement is not a parking area. Additionally, the long drive-way from the mailboxes to the parking pad is shared via a legal easement with the property owners to the West (to the right as you approach), and must remain clear and accessible to them. The parking pad is uneven and slopes significantly between the north garage and south garage and Tenant and guests agree to use care when parking, unloading and walking upon the uneven surfaces. Parking is also available on the east side (only) of the drive-way next to the fenced-in garden, and on the North side of the old tennis court area across from the mail boxes in the small meadow immediately North of the old tennis court. (The old tennis court is owned by Owner. Tenants and guests who use the tennis court do so SOLELY AT THEIR OWN RISK, holding Owner harmless from any injuries sustained thereupon, acknowledging that the old tennis court and the open meadow is NOT regularly maintained and is NOT INCLUDED in their tenancy.)
21. LOST AND FOUND. We are not responsible for any items left behind. However, if you leave something behind, call us and we will make every effort to locate it and return it to you if we find your missing item(s). There will be a $10 service charge to package and mail any found lost item back to you that you request be returned, plus postage. Any items found that are not claimed will be kept by our Caretaker/Hosts for 30 days only, after which time, unclaimed items may be donated to charity or discarded.
22. ACKNOWLEDGEMENTS AND DISCLOSURES. If Tenant, Guests or any member of Tenant’s party violate any of the conditions or agreements in this contract during their week(s) or fail to leave at the end of the paid rental term, we may terminate this contract and enter the premises and/or institute statutory proceedings at which time all monies and deposits will be forfeited. Tenants, themselves and on behalf of their guests, hereby agree to indemnify, save and hold Owner and its agents harmless from any injury sustained in the use of the Property or the adjacent lake and for all damages caused by Tenant or their guests. Tenants acknowledge and agree that Owner has no control over the weather and any damage done to the Property's docks, decks, boats, patio furniture or structures. Repairs will be done as soon as possible. Tenants who bring their own watercraft, such as motor boats, pontoons and the like, do so SOLELY AT THEIR OWN RISK, holding Owner harmless from any injuries sustained thereupon. Owner makes no representations as to the lake water conditions, depth, feasibility for fishing or recreation and Tenant acknowledges and agrees that such matters are not within the control of Owner and may change from time to time.
IF THE PROPERTY IS LISTED FOR SALE: Tenant acknowledges that the Property has been listed for sale in the past and may become listed for sale with a local real estate company in the future, in which event the realtor may, from time to time, with 24 hour prior notice to Tenant, whenever possible, arrange to show the Property during the Tenancy Period. Realtor and other Agents shall make every effort to make any such showings only between 9 AM and 6 PM and for as brief a time period and as non-disruptive as possible for Tenants. Tenants shall temporarily remove themselves from the Property's house during the brief showing period.
As of _______, Owner discloses that to the best of his knowledge and information, there is no For Sale listing and there are no scheduled showings and no prior viewings by any party have generated any offers or purchase contract negotiations. In the event the Property Owner receives an acceptable offer to purchase from a third party prior to the Tenant's reserved dates, Owner shall immediately notify Tenant and Tenant may elect to receive a 100% full refund and not occupy for any of the Tenancy dates, or, alternatively, Tenant may elect to occupy up until one week before scheduled Closing on the sale, at a pro-rated rental rate, with a refund of the total rent (including discounts) divided by the number of days Tenant did not occupy the full term of their reservation.
TENANT DUTIES AND ACKNOWLEDGMENTS. Tenant agrees to comply with all obligations imposed by this Agreement and Minnesota law with respect to maintenance of the Lake House including but not limited to keeping the Lake House as clean and safe as the conditions of the Lake House permit and causing no unsafe or unsanitary conditions in the Lake House and surrounding property that Tenant uses. Tenant shall notify Owner and Caretaker/Hosts of the need of replacement of or repairs to a smoke detector, and replacement of batteries if needed during the tenancy. Tenant agrees not to use the Lake House for any activity or purposes that violate this Agreement or any criminal law or governmental regulation. Tenant shall follow the Check -Out Instructions regarding washing their used linens, final trash disposal, etc. prior to checking out. Tenant’s breach of any duty contained in this Agreement shall be considered material, and may result in the termination of Tenant’s tenancy, removal and forfeiture of the Security Deposit at Owner’s discretion. For your safety, Tenants shall regularly keep deck, outside entry area and sidewalks swept to remove sticks and leaves that can appear during rain and windy conditions as they may potentially cause trip and fall hazards to Tenants and guests.
23. EXPEDITED EVICTION. If a tenancy is for 30 days or less, the expedited eviction procedures within Minnesota statutes will apply. A Tenant may be evicted in an expedited manner if the Tenant does any of the following:
a. Holds over possession after his or her tenancy has expired.
b. Has committed a material breach of the terms of the lease agreement that, according to the terms of the agreement results in the termination of his or her tenancy.
c. Fails to pay rent as required by the lease agreement.
d. Has obtained possession of the property by fraud or misrepresentation.
e. Causes damage to the extent that the Property is not safe to occupy or causes damages such that repairs are not feasible during occupancy.
24. INDEMNIFICATION. Owner, and its agents and asignees (including Caretaker/Hosts) shall be indemnified and held harmless against any liability for personal injury or property damage sustained by any person (including tenants’ guests) as a result of any cause, unless caused by the Owner’s or agent’s willful or gross negligent act. This includes indemnity of personal injury or property damage sustained as a result of use of any items, including but not limited to stairs, docks, patios, barbecue grills, kayaks, water toys, boats, or the lake adjacent to the property. Docks are slippery when wet and are susceptible to damage by winds, rain and high water. Tenant may bring their own boats or rentals (and lifts, upon written permission of Owner) and by doing so, assume all liability for same; lifts are not provided for guest use, unless specifically notified prior to occupancy of lift installation and qualifications for Tenant's specific boat use. TENANT AND GUESTS SPECIFICALLY ASSUME THE RISK OF ACTIVITY IN AND AROUND THE LAKE. Tenant and Guests should supervise children at all times, especially around indoor and outdoor decks, railings, stairways, upstairs “catwalks”, patio railings, steps, docks, parking areas, driveways and hillsides, which are steep and may be wet or slippery and which may be large enough for a child to pass through. Owner and its agents have the right to enter the premises during tenancy to inspect, make repairs or to show the Lake House property for sale. Owner shall make every effort to contact Tenant 24 hours or more before such inspection (except for emergency repairs) and shall schedule such inspection and repairs during daylight hours whenever possible. Tenants are responsible to obtain Renter's Insurance under their own insurance policy, as Owner shall not be required to file an insurance claim for damages done by Tenants or its invitees, guests or visitors under Owner's insurance policy. Tenant shall be responsible for any deductible under its Renter's Policy.
25. AMENDMENTS. Amendments to this Agreement shall be in writing and signed by all parties to the Agreement.
26. ENTIRE AGREEMENT. This Agreement represents the entire agreement of the parties, and there are no representations, inducements or other provisions other than those contained in this agreement. The parties agree that in the event of a dispute, the agreement will be interpreted in accordance with Minnesota law. The Parties agree that this lease agreement is to be considered as having been entered into the county and or city where the Lake House is located and that in the event of a dispute, parties agree that any legal action may be commenced only in Otter Tail County, Minnesota, unless otherwise mutually agreed to. This is a legally binding agreement and if Tenant does not understand it, Tenant should consult his/her attorney. No assignment or subletting is permitted without prior written permission. All agents of Owner shall conduct all activities in regard to this agreement without respect to the race, religion, sex, national origin, handicap or familial status of any tenant. Owner reserves the right to refuse to rent to anyone in their sole discretion. The lease agreement shall not become binding until signed by both parties and the Security Deposit and Initial Payment are received by Owner.
I/We have read the previous pages of this Agreement and understand and agree to be strictly bound by the contents, which constitute the entire agreement. I/We specifically understand that:
No PETS Allowed unless Pet has Prior Approval and Additional Pet Security of $500.00 has been paid. Initials of Tenant ___ ___
No SMOKING/VAPING Permitted in House or Garages or Boathouse Initials of Tenant ___ ___
No LOUD and/or LARGE HOUSE PARTIES Permitted Initials of Tenant ___ ___
If this Property is currently listed For Sale, Tenant acknowledges that if it is purchased prior to your rental dates, this Agreement may be cancelled by Owner and a full refund of rents/deposits shall be promptly returned to you.
Initials of Tenant ___ ___
TENANT SIGNATURE(s):
________________________ ______________________ Print Name: _____________ Print Name: ___________
Dated: __________________________
Address:_______________________________________ City: __________ State: ______________ Zip: ___
Cell Phone: __________ E-Mail Address: _______________
Contact Phone/Cell Phone while Traveling: ______________
TRUMAN LAKE HOUSE OWNER SIGNATURE:
__________________
Dated: _____