TravelTalkOnline Forums Travel and Vacation Forums St. Maarten - St. Martin Lease Agreement

Hi - long time reader of this forum, but new member. My wife and I have been going to St. Martin since '86 but i never fail to learn something new from the members of this forum and hope to contribute in the future. A long overdue Thank You. But i am hoping some of you can shed some light on 'leases'. We have stayed in condos numerous times,for several weeks at a time, usually on the French side (usually near Orient), but honestly I cannot remember having to sign a formal lease agreement when staying in these places especially when renting through an agent or a website like VRBO. For our upcoming stay in October, booked through VRBO, we are being asked to sign a lease by the Owners (not VRBO) with numerous legal phrases for our 10 day stay, not to mention providing a $500 security deposit (not mentioned on the VRBO website) Do any of you have experience with signing leases of this kind when staying in a unit for a week or two? I am just a little apprehensive about this but would welcome any feedback/advise. I have the option to cancel at this point and seek another unit. Thanks in advance.

No never. Too many places out there to have to worry about not getting a deposit back on some verbiage in a temporary lease. Look further. Check with SoChic Villas. Great owners and locations.

We have been renting villas in St Martin, Aruba and even here in Florida for many years, mostly through VRBO, but sometimes through rental agencies.
I cannot remember a single time when we did not have to sign a lease. This summer we rented a 3 story beach house on Pompano Beach, Fl for a family vacation (https://www.vrbo.com/4722381ha?arri...31&childrenCount=4&adultsCount=6)
It was only for seven nights, but we had to sign a lease AND send them a $5000 cashiers check 10 days before arrival as a security deposit.

A few weeks later we rented a resident's unit at the Setai Hotel on South Beach to celebrate our anniversary. Contract + $1500 security deposit was required.

We recently signed another lease for our St Martin vacation next May. We will be staying here:
https://www.skyluxuryrentals.com/vacation-rental-home.asp?PageDataID=72339
For this one, we had a choice of purchasing damage insurance at a cost of $49/night, or giving them a $1500 security deposit.

We have been renting condo's for a months stay in St Martin for many years and never were asked to sign a lease or a deposit. We've rented through VRBO .

We have been renting condo's for a months stay in St Martin for many years and never were asked to sign a lease or a deposit. We've rented through VRBO .

I've never signed or imposed a lease agreement, either through an agency or direct with an owner. I've been a joint-owner, and loaned our place, but never formally rented it. I've also rented for many years, both before and after owning, and continue to do so.

This is the Lessor's lease, not VRBO's, correct? Have the lease agreement reviewed by an attorney, because I'm not one and my opinions, stated here, aren't worth a thing.

Is the agreement in French or English? Even though the laws and legal systems aren't the same, an attorney may see red flags. If it only protects the Lessor, is only in French and you don't understand it, or if it has onerous penalties, then if it were me, I would walk away.

I'm surprised at the formal lease agreement with the owner. Never seen it on a rental in SXM. Things in the US are different, wouldn't be surprised to see it in the US. I am not surprised by the security deposit. That is pretty common. Unless the place is REALLY unusual or a great price or something, I think the lease agreement thing would make me walk away.

This one was through an agency, so the lease is with them. The ones that I rented through VRBO, the lease was with the owner.

What to expect once you reserve a property with Sky Luxury Rentals.
1. Emailed Link to a Rental Agreement you can sign and return online through our secure
system.
2. Confirmation of booking, along with credit card receipt once payment is received.
3. Email from Sky Luxury Rentals with our Recommendations & Things To Do
4. Payment reminder prior to 45 day payment being due (from our automated system)
5. Driving Directions to property, Address and Access Code for keys along with arrival
instructions, sent 10 days prior to arrival
BASIC TERMS
CHECK IN: 4:00PM
CHECK OUT: 10:00AM
ALL PROPERTIES ARE NO PETS AND NO SMOKING OR VAPING UNLESS SPECIFIED
WE WILL NOT RENT TO PEOPLE UNDER 25 YEARS OF AGE UNLESS ACCOMPANIED BY
AN ADULT GUARDIAN OR PARENT.
Requests for early arrival and late departure will be given consideration and accommodated if at
all possible, so please inquire if needed. You may choose to add this on during the check-out
process. Sky Luxury Rentals will approve or deny the request. If the request cannot be
accommodated, notice will be given and funds for early arrival or late departure will be returned
to Guest. There will be a fee charged for unapproved late check-outs using the credit card on
file.
MAX OCCUPANCY
The maximum number of guests in the unit is limited to the number of persons specified in the
property description. There is a two guests per suite policy. Children under the age of five (5)
will not count towards this occupancy rule. Some properties can accommodate additional
people for an additional fee upon approval by Sky Luxury Rentals. In the case where additional
people have stayed in the property without the prior consent of Sky Luxury Rentals, an
additional fee per night will be added to the credit card on file, calculated based on the amount
paid for the property per person on the contract. Please contact us if you have specific needs.
MINIMUM STAYS
A minimum night stay may be required on reservations for certain properties and is specified in
the property description. Holiday weeks have a 7 night minimum stay policy unless expressed
written exception has been made.
PAYMENT
An advanced payment equal to 50% of the rental rate is required for deposit to secure your
reservation. The advanced payment will be applied toward the property rent. You may pay by
credit card using MasterCard, Visa or American Express. The advanced payment is not a
damage deposit. Forty-five (45) days prior to arrival, 100% of the remaining balance is due. You
will receive an automated email reminder 10 days before your final balance is due. Upon
receiving your balance due (full payment made), Sky Luxury Rentals will email Guest a final
confirmation of payment for the reservation, followed by driving directions and the Property
access information 10 days prior to arrival.
Villa Monte Verde - 2 Suites
10 Hope Hill
Collectivity of Saint Martin
Doc ID: 1ae2702932623e1a07612ca618f97644d3613fb7
CANCELLATION & REFUND POLICIES
Full refund within 48 hours of booking. Outside of the 48 hour window, cancellation or early
departure does not warrant any refund of rent or deposit. If the need exists to cancel your
reservation, notice needs to be given 60 days in advance. You will receive a credit kept on file
for a similar stay at a later date of your choice. No cash refunds will be given. If a 60 day notice
is not given, you will forfeit your rental and no credit will be given. No refunds will be given in
cases of weather, health issues or transportation delays except for the below terms regarding
hurricanes. For these reasons, WE STRONGLY RECOMMEND you obtain “traveler’s
insurance.” Please inquire within for more details and to get set up. We work with CSA to offer
Guests Trip Insurance, and the next paragraph goes into more detail.
CSA TRAVEL PROTECTION (cost is 6.95% of your reservation grand total)
Vacation Rental Insurance has been made available with your reservation. Vacation Rental
Insurance provides coverage for prepaid, nonrefundable expenses due to certain unforeseeable
circumstances that may jeopardize your vacation investment and force you to incur unplanned
expenses. We strongly recommend you purchase this valuable protection. Separate terms and
conditions apply, read your Description of Coverage/Policy carefully and contact CSA at (866)
999-4018 with coverage questions.
VACATION RENTAL DAMAGE PROTECTION (cost is $49)
As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed
to cover unintentional damages to the rental unit interior that occur during your stay provided
they are disclosed to management prior to check-out. If purchased, the policy will pay a
maximum benefit of $1,500. Any damages that exceed $1,500 or are not covered under the
plan will be charged to the credit card on file. If, during your stay at one of our rental properties,
an insured person causes any damage to real or personal property of the unit as a result of
inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or
replacement of such property up to a maximum benefit of $1,500. Certain terms and conditions
apply. Full details of the Vacation Rental Damage coverage are contained in the Description of
Coverage or Insurance Policy www.vacationrentalinsurance.com/g20vrd. The Vacation Rental
Damage can be purchased up to, and including at, check-in. By submitting payment for this
plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly
Sky Luxury Rentals LLC any amount payable under the terms and conditions of the Vacation
Rental Damage. Please contact Sky Luxury Rentals LLC directly if you do not wish to participate
in this assignment.
SECURITY DEPOSIT
If you do not choose the Vacation Rental Damage Protection, Sky Luxury Rentals LLC will
collect a $1,500 security deposit, charged to your credit card on file. The funds will be released
back to you within 14 business days of your departure dates provided we receive a clear
damage report following your stay.
For those who do not choose the CSA Travel Protection trip insurance, no refunds will be given
unless:
• The National Weather Service orders mandatory evacuation in a “Tropical
Storm/Hurricane Warning Area” and /or a mandatory evacuation order has been given
for the Tropical Storm/Hurricane Warning Area of residence of a vacationing guest.
• In-coming flights into SXM are cancelled in SXM due to forecasts of hurricanes. The day
that the National Weather Service orders a mandatory evacuation order in a “Tropical
Storm/Hurricane Warning Area”, we will refund:
o Any unused portion of rent from a guest currently registered,
Doc ID: 1ae2702932623e1a07612ca618f97644d3613fb7
o Any unused portion of rent from a guest that is scheduled to arrive, and wants to
shorten their stay, to come in after the “Hurricane Warning” is lifted; and
o Any advance rents collected or deposited for a reservation that is scheduled to
arrive during the “Hurricane Warning” period.
FALSIFIED RESERVATIONS
Any reservation obtained under false pretense will be subject to forfeiture of advance payment,
deposit and /or rental money, and the party will not be permitted to check-in.
WRITTEN EXECPTIONS
Any exceptions to the policies in this Rental Agreement must be approved in writing in advance.
ASSUMPTION OF RISKS:
There are risks inherent in and associated with the use of any property, including the rental
property, which may include risks of injury to person or property, or death. Certain risks may be
more likely to occur around ocean geographies with severe climates at times, such as where the
rental the property is located during hurricane season. Call Sky Luxury Rentals immediately if
there is any matter about which you are uncertain or which you believe may present an
unreasonable risk to you. Risks which may be inherent to the rental property and the location in
which it is located may include, without limitation: wet, slippery, or windy conditions both inside
and out; being in proximity of, or use of, a swimming pool, ocean, bathtub or hot tub including
without limitation risks of, drowning, heart attack, stroke or reactions to pool or cleaning
chemicals; allergic or other reaction to cleaning or "freshening" products; allergic or other
reaction to man made and synthetic materials; actions of third parties not under the control of
the property manager or unit owner; theft of, or damage to, personal property; electric shock or
other injury in the use, or misuse, of any electric appliance or mechanical devise; risk of injury in
the use of garbage disposals, trash compactors, steam showers, saunas and other similar
appliances.
Pregnant females (or women who suspect they may be pregnant) may be subject to particular
risks and should consult a physician before using a hot tub or spa. Alcohol and other statealtering substances should not be used in or around a pool, hot tub, bathtub or sauna.
I assume these risks, whether enumerated or not, known or unknown, on my own behalf and on
behalf of any person under any legal incapacity for whom I may be responsible.
LIMITATION OF LIABILITY:
Sky Luxury Rentals’ liability shall in no event exceed the amount of the rental payment received
regardless of the kind or extent of injury, cause thereof, claim or legal theory advanced. The
owner's liability shall in no event exceed the lesser of the rental payment received or the liability
insurance then in place regardless of the kind or extent of injury, cause thereof, claim or legal
theory advanced. Renter agrees to the foregoing and waives all right to claim damages in
excess of the foregoing amounts, and agrees to be limited for all purposes to such amounts.
Doc ID: 1ae2702932623e1a07612ca618f97644d3613fb7
ACCEPTANCE OF TERMS
I understand and agree to pay all rent and accept all terms of the Rental Agreement/Contract,
and accept all liability for any damages during the term of stay outlined in this agreement. If I fail
to do so, I understand and agree to pay all charges.
By signing below, I agree to all terms and conditions of this agreement.

B/T/W, I have done this well over a dozen times. Mainly in St Martin, but also in Aruba and the US.
Never, ever had a single problem having my deposit returned. Once, in St Martin, one of my grand-kids broke a lamp.
The owner deducted $50 from our deposit to cover the lamp. Very fair!

I've seen an agreement with a company before, but not with an individual owner..

Here is one from June of this year, rented on VRBO:

Arkadiy Pervyy-Bakhtin, doing business as DIRECT Oceanfront (“Landlord”) and the individual residents named
above (collectively, “Tenant”) enter into this Short-Term Lease Agreement (“Agreement”) as of the latest date of
its signing entered in the “Date” fields on last page of the Agreement when both parties sign the Agreement.
Landlord leases to Tenant fully furnished Unit 2107 at The Setai Residences (“Premises”) for use as a private
residence only in exchange for the payment of the Lease Amount. Furniture and appliances included under the
Agreement are listed in Addendum #1. Landlord grants Tenant permission to use, along with others, the
common areas of the building and the development of which the Premises are a part. Additional fees for the use
Landlord (_________) and Tenant(s) (________________) acknowledge receipt of a copy of this page, which is Page 1 of 8
Olga Mikhalchishina
DocuSign Envelope ID: 5E0DCE2C-BAFC-4B5B-8C5B-E2251D55BAE2
4
3780
June 11, 2019
Valet parking (prepaid)
John
"-"
"-"
of the amenities will be charged directly to Tenant’s credit card. Tenant must register a credit card at the
Residential Desk upon check-in at The Setai Residences.
1. OCCUPANCY OF THE PREMISES
Only the Tenant and Authorized Occupants may occupy the Premises. All changes to the list of occupants require
prior written approval of Landlord. If Tenant permits anyone but the Authorized Occupants to reside at the
Premises, it will constitute a material violation of the Agreement and grounds for termination of the tenancy.
Any assignment or subletting without Landlord's prior written consent is void and constitutes grounds for
termination of the Agreement.
2. PAYMENT OF RENT
A. Tenant will pay the amount of Total Payment listed in Section “Payments” in the chart on the first page in full, in
advance, with no grace period. Tenant is responsible to make sure that Landlord actually received each payment
by or before its due date.
B. Landlord may appoint an agent to collect the payments and to perform Landlord's obligations.
C. Landlord will not be liable for any damage or loss to motor vehicles or contents of motor vehicles of Tenant or
Tenant's guests and invitees. Failure of Tenant or Tenant's guests or invitees to follow Condominium Rules or
posted signs relating to parking and operation of vehicles may result in towing of the vehicle at Tenant’s (or
Tenant's guests’ or invitees’) cost.
D. Tenant understands that The Setai Hotel and Residences may change its rules and fees at any time, and Landlord
is not able to veto them. Therefore, Tenant agrees to abide by the rules of the building and to pay fees that are
lawfully required by the building.
3. SECURITY DEPOSIT
A. Tenant must deposit with Landlord a Security Deposit in the amount listed in Section “Payments” in the chart on
the first page. The Security Deposit is due in full together with the lease payment.
B. All or a portion of the Security Deposit may be retained by Landlord in the event Tenant becomes liable for
charges listed in the Agreement or for other appropriate charges.
C. The retention of the Security Deposit will not limit Landlord's right to proceed against Tenant for claims above
the amount of the Security Deposit. Tenant will be liable without limitation for the following charges, if
applicable:
1) Failure to fully perform Tenant's duties imposed by statute, Agreement or any addendum to the Agreement;
2) Failure to repair or restore the Premises and any appliances, furniture, fixtures, equipment and other
property supplied by Landlord to its condition at the commencement of the tenancy, excepting normal wear
and tear; and
3) Failure to pay any rent, returned check charges, or other charges pursuant to the Agreement.
D. Tenant may not use the Security Deposit to pay any rent. Landlord may withhold from the Security Deposit only
such amounts as reasonably necessary to remedy Tenant's defaults, including but not limited to those listed
above.
4. PAYMENT INFORMATION
Please make rent and all other charges due to the Landlord payable to DIRECT Oceanfront.
The following types of payments are accepted:
1) Personal check (send checks to our Agent’s office at 1111 Lincoln Road, Suite 750, Miami Beach, FL 33139)
2) PayPal (payable to setaioceanfront@gmail.com, subject to all applicable transaction fees)
3) Credit Cards (subject to all applicable transaction fees)
4) Wire transfer (please include additional $15 Wire transfer transaction fee)
Landlord (_________) and Tenant(s) (________________) acknowledge receipt of a copy of this page, which is Page 2 of 8

I have another one from St Martin in 2013. It is directly with the owner, Dr Hervé HAUGER, who owns, or did own this villa:
https://www.vrbo.com/4120953ha?adultsCount=2

Anyway, weather Carol has seen it or not, does not mean it doesn't exist.

Fairly standard practice through a third party.

I think that signing a lease agreement should be the norm. At any rate there is an effort by both governments, Dutch & French, to have home owners reporting their short and long term lease in order to pay the due taxes, after all it is an income.

We have signed lease almost everytime we have rented in the village.

There has also been a security deposit. For us this has always been a matter of giving them a cheque when we check in. They hold the cheque and give it back to us uncashed at the end of our stay.