Terms & Conditions

Disclosures

QUIET HOURS: To be considerate neighbors and continue to offer the best stays possible, all of our properties have strict quiet hours from 10pm-9am. Please be respectful of neighbors at all times.

ILLEGAL ACTIVITY: No illegal activity of any kind will be tolerated. If this is violated, it will be grounds for immediate removal, a police report, added fees and no refund.

OUTDOOR CAMERAS: Exterior cameras are located on the property for security. All cameras are in plain sight. There are no interior cameras.

NOISE MONITORS: Noise monitors are located inside and outside of the home to ensure quiet hours are followed. These measure decibel levels only. No sound is transmitted or recorded.

HOT TUB & COLD PLUNGE: Some of our properties include a hot tub and or cold plunge/ice bath. Although these amenities may be provided, they may not be heated and/or cooled immediately upon arrival. If you intend on using one of these amenities right away and would like it ready as soon as you check-in, please message us ahead of time and we will heat, cool and/or stock/fill with ice as needed. Fees may apply.

Waiver and Release of Liability

SPECIAL FEATURES: Some of our properties include a hot tub, cold plunge, spa, Jacuzzi, whirlpool, pool, sauna, pond, fire pit, deck, railings, bunk beds etc. herein referred to as Special Features. If so equipped, it is the Guest's responsibility to practice and explain safety precautions to other occupants. Guest understands that there are special risks involved for anyone, particularly children who are not carefully supervised, person(s) intoxicated, on any kind of drugs or medication, with health risks, or if pregnant. Guest agrees to explain the risks of the presence and use of Special Features to all occupants at the Home. Guest agrees to instruct all guests on-premises to not access any off-limit, or unsafe sections of the property including roof-tops. Swimming pools and spa may not be fenced. Even if so, special care should be taken. Guest agrees to assume all responsibility to make all occupants aware of risks and for the consequences of those risks and to be fully and solely responsible for any accidents that may occur. Guest agrees to waive any claim whatsoever against the homeowner or Agency for accidents or claims. By agreeing to stay in any of our properties, guests hereby waive any and all rights, claims or causes of action of any kind arising out of use of or participation in activities involving the hot tub, cold plunge or other special features provided. Use at your own risk.

FIRE PIT: Some of our properties have a wood burning fire pit available for use. However, Maricopa County restricts all wood and coal burning from May 1 to September 30 as well as on additional "no burn days." When these "fire bans" are in place, use of wood or coal burning fire pits will be prohibited. By agreeing to stay in our property, you are agreeing to comply with these restrictions. Any fines for violating "burn days" will be passed directly to guests and will be grounds for immediate removal from the property without any refund. Guests are fully responsible for knowing whether a "no burn day" is in order and assume all liability to the county or otherwise that could occur from use of the fire pit. Furthermore, if a fire pit is considered a "special feature" and falls under the same Guest responsibility as mentioned above; namely it is the Guest's responsibility to practice and explain safety precautions to other other occupants and understands that special risks are involved. For Maricopa County's website about fire guidelines and restrictions, click here.

Short Term Lease Agreement

By agreeing to stay in a property operated by Keiki Capital, LLC, dba “The Heights” or “Stay in the Heights” you agree to the following corporate rental agreement, governed by the laws of the State of Arizona hereinafter referred to as “Rental Agreement,” between the registered guest, herein after, jointly and collectively called “Guest” and Keiki Capital, LLC, hereinafter referred to as “Owner.” This Rental Agreement is executed on the day of the Guest’s confirmed booking, as confirmed by Guest’s completed payment and further ratified by the Guest’s arrival to the property.

This Rental Agreement is only for transient short-term rental of the rental premises listed herein, and IN CONSIDERATION of the following terms, covenants, agreements, limitations and conditions entered into by the parties hereto, Owner rents to Guest the property agreed upon in the booking confirmation, together with the furniture and appliances included in pictures and itemized lists in the property’s listing or otherwise documented prior to the Guest’s arrival to the property. The items include but are not limited to: refrigerator, cooktop, microwave, coffee maker, toaster, iron, ironing board, bedding, towels, dishes, glassware, pans, utensils, cookware, stools, chairs, wall art, lamps, TV’s, end tables, beds, area rugs, chairs, couches, etc. to be occupied only for the purpose of a transient, single-family, short-term dwelling unit for a term commencing on the booked check-in date and time and ending at the check-out departure date and time as agreed upon in the confirmed booking.

Owner reserves the right to cancel any reservation if the deposit is not promptly received. Guest may not apply the security deposit to rent. Owner shall hold said security deposit to secure Guest’s performance pursuant to this Rental Agreement and applicable law and regulations. Owner may apply said deposit to any damages caused by Guest, Guest’s family, friends, or invited guests, Guest’s agents or employees, including without limitation any excessive cleaning required above and beyond standard post-tenancy cleaning, and any other damages. Owner is not required to apply the deposit towards any rent owed by Guest. Owner shall hold the security deposit in an interest bearing account. Any remaining deposit and/or deposit claim notification shall be mailed to Guest within seven (7) days after cleaning and inventory of the premises subsequent to Guest vacating said premises. Guest shall return the rental premises and all property included therewith to Owner at checkout time in the same condition it was in when Guest checked in. Any damaged or missing personal property shall be deducted from the security deposit at replacement value. An inventory list of furnishings in the premises and personal property provided therein shall be provided to the Guest upon check-in. Guest shall immediately notify Owner upon occupancy if any of the furnishings or property is missing or damaged. Otherwise, Guest shall be responsible for maintaining and returning said furnishings and property to Owner at the end of the subject Rental Agreement in the same condition it was in upon occupancy.

PAYMENT: Security deposit, additional fees and one-hundred percent (100%) of the total rent and fees shall be paid and received by Owner in the form ONLINE PAYMENTS (Venmo, CashApp, Zelle, Apple Pay etc.) OR CASH. The security deposit, rent, and fees may be paid by Personal Check conditioned upon Owner’s receipt of same more than thirty (30) days before the above-stated check-in date.

Time is of the essence as to payment pursuant to this Rental Agreement, and any late payments shall, at the sole option of Owner, cause a forfeiture of Guest’s rights pursuant to this Rental Agreement and immediate cancellation of same without further notice to Guest.

CANCELLATIONS: Guest may cancel Reservations with notice to Owner within seven (7) days of the date of the reservation call, and more than thirty (30) days before check-in, and any deposit received by Owner shall be refunded to Guest minus a $100.00 cleaning fee. After seven (7) days from the date of the reservation call, or less than Thirty (30) days before check-in, any deposits, rent and fees paid shall become non-refundable if the reservation is canceled by Guest. In the event of an emergency, Owner reserves the right at Owner’s discretion to refund on a case-by-case basis only part of any deposit, rent or fees paid, minus an administrative fee, upon notice of cancellation by Guest. Any deposit, rent or fees retained by Owner pursuant to this provision shall be agreed upon as liquidated damages, consideration for the execution of this Rental Agreement and in full settlement of all claims.

TERMINATION: The Landlord has the right to inspect the premises with prior notice as stated with the applicable State laws. Should the Tenant violate any of the terms of this agreement, the rental period shall be terminated immediately in accordance with State law. The Tenants waive all rights to process if they fail to vacate the premises upon termination of the rental period. The Tenants shall vacate the premises at the expiration time and date of this agreement.

UTILITIES: Utility and Internet fees are included but are subject to review. Fees may increase based on consumption.

MAINTENANCE & REPAIRS: The Tenants shall maintain the premises in a good, clean, and ready to rent condition, and use the premises only in a careful and lawful manner. The tenants shall leave the premises in a ready to rent condition at the expiration of the rental agreement, defined by the Landlord as being immediately habitable by the next tenants. Tenants shall pay for maintenance and repairs should the premises be left in a lesser condition. The tenants agree that the Landlord shall deduct costs of said services from the security deposit prior to refund if tenants cause damage to the premises or its furnishings.

GUEST COVENANTS AND CONDITIONS:

The parties agree that the following are material covenants and conditions of this Rental Agreement, the breach of which shall result in immediate forfeiture by the Guest of the subject rental premises in accordance with applicable law:

1. Guest shall not damage the rental premises or any part thereof or any personal property or appurtenance therein or thereto, and if the premises, or any part thereof, or any personal property or appurtenance thereto are damaged, obstructed or rendered inoperable by the misuse or negligence of Guest, Guest’s guests, family, agents or employees, Guest shall pay the cost for repair or replacement of same immediately upon presentation by Owner of a bill for same.

2. Guest shall use the Premises for residential purposes only. Guest shall have exclusive use and right of possession to the dwelling. The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and all covenants and restrictions affecting the Premises, and all the Owners rules and regulations affecting the Premises, including ADDENDUM A. attached hereto and are specifically incorporated herein and agreed to by Guest. Guest may not paint or make any alterations or improvements to the Premises without first obtaining the Owner’s written consent to the alteration or improvement. Guest may not rearrange furniture, hang pictures and install window treatments in the Premises without Owner’s consent. Any improvements or alterations to the Premises made by the Guest shall become Owner’s property. Guest agrees not to use, keep, or store on the Premises any dangerous, explosive, toxic material which would increase the probability of fire or which would increase the cost of insuring the Premises.

3. Guest agrees not to commit waste or to use the rental premises or any appliances or appurtenances thereof or thereto for any disorderly or unlawful or offensive purpose.

4. Guest shall not allow someone to use and occupy the subject rental premises without Owner’s permission.

5. No pets are allowed in or around the rental premises at any time, unless specifically permitted by Owner in writing, at the time this Rental Agreement is executed.

6. No trailers, motorhomes, campers or motorized watercraft, including a jet ski or wave runner, may be stored on premises.

Vehicles not to exceed three (3) vehicles parked on the premises in approved parking places without permission.

Any vehicles, trailers, or watercraft not identified in ADDENDUM A. shall be towed or removed from the premises at Guest’s expense.

7. In the event the premises become uninhabitable, due to damage from wind, fire, rain, storm surge, or any other cause, and the Owner, at his sole discretion, shall decide not to repair or rebuild the premises, the term of this agreement shall end and rent will be prorated up to the time of the damage.

8. Guest agrees not to hang personal laundry, towels, bedding, etc. outside on the properties.

9. Guest shall not use Owner’s address to receive personal mail without prior consent. Owner shall not be responsible for Guest’s missing mail or packages.

10. Guest agrees to permit Owner or Owner’s agents to enter the rental premises or any part thereof at any reasonable time for the purpose of examining same, to make necessary repairs, and/or to protect any personal property from damage. Reasonable time for said entry, without further notice to Guest, shall be between the hours of 8:30 a.m. and 8:00 p.m., although the parties may agree to additional hours for Owner’s access. Owner or Owner’s Agent may also enter the rental premises with the consent of Guest, or when necessary in case of an emergency or when the Guest unreasonably withholds consent or access.

11. (a.) Guest acknowledges and agrees that Owner may remove or cause to be removed from the rental premises any Guest or guest who, while at the rental premises, illegally possesses or deals in controlled substances, violates any of the terms of this Rental Agreement, is intoxicated, profane, lewd or brawling, who indulges in any language or conduct which disturbs the peace and comfort of other guests or neighbors, or which constitutes a nuisance, or which injures the reputation, dignity or standing of the rental premises, or anyone who fails to make payment of rent at the agreed-upon rental rate and fees at the agreed-upon times, or anyone who fails to check out at the agreed upon time unless an extension of time is expressly agreed to by the Owner and the Guest prior to check out. Admission to and removal from the rental premises is not and shall not be based upon race, creed, color, sex, physical disability or national origin. Any notice to vacate may be given orally or in writing by Owner to Guest, and if in writing shall be as follows: “You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this State.”

11.(b.) If any Guest who is asked to vacate early has paid in advance, Owner shall, at the time notice is given, tender to the Guest the unused portion of the advance rent and fees payment without prorating any portion of the day that Guest is noticed to vacate. Owner may retain any security deposit without further notice as agreed upon liquidated damages, consideration for the execution of this Rental and in full settlement of all claims, or Owner, at Owner’s option, may proceed at law with any damages claim. Any Guest who remains or attempts to remain in the rental premises after being requested to vacate shall be guilty of a misdemeanor of the second degree punishable in accordance with Florida law.

12. The Rental Agreement can be renewed or extended only by a written agreement signed by both Owner and Guest, but the terms of the renewal or extension may be subject to change, and the Rental Agreement Term may not exceed 30 days unless agreed upon. A new Rental Agreement is required for each renewal.

13. Guest agrees that Owner and Owner’s agents shall not be liable for any loss of or damage to any personal property in or on the rental premises or stored in rooms or places provided to Guest in connection therewith, nor shall Owner or Owner’s agents or employees be liable to Guest, Guest’s family, guests, or agents for failure to repair or maintain any part of the rental premises or property contained therein absent gross negligence. Guest further agrees that neither Owner, nor Owner’s agents or employees shall be liable for any damage to the personal property of the Guest or Guest’s family arising from theft, vandalism, fire, water, rain, acts of God or government, interruption of utilities, acts of others or other third party or external causes whatsoever.

14. Guest is responsible for and shall indemnify the Owner and Owner’s agents and hold them harmless from any and all claims, liability, demands, actions, causes of action, expenses, damages, losses or injuries sustained by any person including Guest, Guest’s family, agents, guests or invitees as a result of or arising from the Guest’s subject occupancy and tenancy. Guest shall also be liable and indemnify Owner for attorney’s fees and court costs incurred by Owner in enforcing any of the terms, covenants or conditions of this Rental Agreement or which are sustained by Owner as a result of or arising from or during Guest’s subject occupancy and tenancy.

15. Amplified sound, which is audible on private property beyond the real property boundaries of the short-term rental property is prohibited. Quiet times are from 9PM through 8AM.

16. Guest may not assign this Rental Agreement, for business purposes or to sub-let the rental premises or any portion thereof.

17. Guest shall not install utilities, telephone, Internet, cable services, portable heating or air-conditioning units without prior permission from Owner.

18. All trash and debris on the short-term rental property must be kept in covered trash containers. Each short-term rental property is equipped with at least two (2) (recycled and regular trash) covered trash containers for such purpose that are shared with others on the property. Owner places trash containers for street pick-up every Thursday morning. Regular trash must be tied up in bags (no loose trash). Recycled trash is only for glass/plastics/paper, which must be cleaned before putting in this bin.

19. Occupancy of short-term rental unit(s) shall be limited to no more than the maximum occupancy listed on the property listing.

IN WITNESS WHEREOF, the parties execute this Rental Agreement effective the day and the year written above or the day Guest reserves property from Owner and is further ratified up Guest’s arrival to said property. Guest agrees as provided in the Rental Agreement to pay the remaining balance of their contract as liquidated damages or an early termination fee if they elect to terminate the Rental Agreement prior to the contract date, unless a written and signed amendment by either party is negotiated and agreed upon. Furthermore, in any lawsuit brought to enforce the Rental Agreement or under applicable law, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorneys’ fees from the non-prevailing party.

Additional Terms & Conditions

The undersigned, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Agency and Owner from any and all claims, demands, and causes of action by reason of any injury or whatever nature which may have occurred to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Agency and Owner free and harmless of any claim or suit arising therefrom. In any action concerning the rights, duties, or liabilities of the parties to this agreement, their principals, agents, successors, or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.

Keiki Capital, LLC reserves any rights not expressly granted or stated in these terms. Terms and conditions may be subject to change without notice.