Short-term rental agreement

Version 2026-06-01. Sample agreement for layout and a working acceptance flow — not legal advice. The owner should have a qualified California attorney review the final agreement before accepting live bookings.

1. Parties & the property

This Short-Term Rental Agreement ("Agreement") is between the property owner/operator ("Host") and the reserving guest ("Guest") for the property known as The OB Cottage in Ocean Beach, San Diego, California (the "Property").

By completing a reservation the Guest agrees to the terms below for the dates shown on their booking confirmation.

2. Reservation, rent & taxes

A reservation is held as pending until payment is captured, at which point it confirms automatically. The total disclosed at booking includes the nightly rate, any mandatory fees (cleaning, pet), and applicable transient occupancy taxes.

Transient Occupancy Tax (TOT, 11.75%) and the Tourism Marketing District assessment (TMD, 0.55%) are collected as required by the City of San Diego on stays shorter than 31 nights. Stays of 31 nights or more are residential tenancies and are not subject to TOT/TMD.

3. Occupancy & eligibility

The reserving Guest must be at least 25 years old and must occupy the Property for the duration of the stay. Maximum occupancy is the guest count on the reservation and may not exceed five (5) overnight guests.

The Guest is responsible for the conduct of all members of their party and any visitors.

4. House rules

The Guest agrees to follow the House Rules, which are incorporated into this Agreement by reference. No parties, events, or commercial use. Quiet hours are 10:00 PM to 8:00 AM out of respect for the residential neighborhood.

The Property is strictly non-smoking (including vaping) indoors and on the patio. Smoke and carbon-monoxide detectors must not be disabled or removed.

5. Pets

One well-behaved dog is welcome with advance notice at the time of booking. Pets may not be left unattended in the Property and should be kept off furniture and beds. The Guest is responsible for any pet-related damage or excess cleaning.

6. Damage deposit

A refundable damage-deposit hold is authorized against the Guest's payment method at confirmation. It is an authorization, not a charge. The Host may capture all or part of the deposit for damage beyond normal wear, missing items, excessive cleaning, or unauthorized occupancy/pets.

Absent any such claim, the hold is released within seven (7) days of check-out.

7. Cancellations & refunds

Cancellations are governed by the cancellation policy (flexible, moderate, or strict) shown on the reservation. Refundable amounts are returned to the original payment method. Any taxes collected are refunded in proportion to the refunded rent.

8. Check-in, check-out & access

Check-in is at 4:00 PM and check-out is at 11:00 AM unless otherwise arranged. Access details (door code and directions) are provided before arrival to confirmed guests. The Guest agrees to lock up and follow the simple departure steps provided.

9. Liability & assumption of risk

The Guest and their party use the Property, patio, beach gear, and bicycles at their own risk. To the fullest extent permitted by law, the Host is not liable for personal injury, illness, or loss of or damage to personal property, except where caused by the Host's gross negligence or willful misconduct.

The Guest agrees to indemnify the Host for damage or claims arising from the Guest's or their party's use of the Property.

10. Electronic acceptance

The Guest acknowledges this Agreement electronically by checking the acceptance box at the time of booking. That action, together with the recorded timestamp, agreement version, and IP address, constitutes the Guest's signature and agreement to these terms under the federal E-SIGN Act and the California Uniform Electronic Transactions Act.

11. Governing law

This Agreement is governed by the laws of the State of California. Any dispute will be resolved in the state or federal courts located in San Diego County, California.

See also the house rules, which are part of this agreement. Questions before you book? Email hello@obcottage.com.