Aberdeen Cottage Apartments

Student Information:

Date: May 20, 2012

Student's First Name:

Student's Last Name:

BYU-I E-Mail Address:

Home Street:

City:

State:

Zip:

Home Phone:

Cell Phone:

Parent's/Guardian's Name:

Parent's Signature:

Occupancy Information:

Room preference (we'll try our best):

Cottage (6 person)

Parking Space: Yes No
Car License Plate #:
Make:
Model:

How did you hear about us? (check all that apply):
BYUI's Website
Internet Search
The Scroll
Postcard
Walk/Drive By
Friend
Other

Acknowledgement:

I acknowledge that I have read and agree with all terms of this Contract including the provisions found below, which are incorporated by reference; parking contract, if applicable; and approved addenda.

Student Signature:

Landlord signature:

ELIGIBILITY FOR APPROVED HOUSING
I hereby certify that I am a “student” in good standing and am eligible to rent and reside in BYU-Idaho approved housing. I have been admitted to a track as a student at BYU-Idaho. (Students enrolled in Continuing Education who are not admitted to a track are not eligible.) I understand that I cannot live in approved housing prior to my assigned semester start date or after graduation. I recognize that if I become a student enrolled in any other institution or school, I am not eligible to live in BYU-Idaho approved housing. I further certify that I am not registered as a sex offender. I recognize and understand that my certification of student status and continual maintenance of such status is material to and relied upon by Landlord in entering into this rental agreement. Any misrepresentation found herein is grounds for immediate termination of this rental agreement and such other legal and equitable remedies as Landlord may pursue. (See section 5 for more information.)

Student Signature:

COMPLIANCE WITH APARTMENT LIVING STANDARDS
I agree to comply with and acknowledge Landlord’s and my responsibility to maintain the BYU-Idaho Apartment Living Standards as stated in the Approved Housing Guidebook (http://www.byui.edu/housing/guidebook). Students are expected to help their guests and other residents understand and maintain the BYU-Idaho Apartment Living Standards. Failure to meet these expectations can be sufficient cause for termination of this Contract and eviction.

Student Signature:

PARKING ACKNOWLEDGMENT
I know and understand that whether I own or operate a motor vehicle, I am responsible to know the parking guidelines and requirements of the housing complex and abide by them. I also understand that I have a responsibility to reasonably inform guests that visit my apartment complex of the parking requirements. I understand that if I or any of my guests park illegally (e.g., in a resident’s or handicapped stall for which I or my guest(s) do not have a permit, outside of a designated stall, in a “no parking zone,” etc.), I or my guest(s) accept the risk of being booted or towed. I understand that if a car is booted or towed while legally parked, there is a limited appeal to the BYU-Idaho Housing & Student Living Office through the mediation/arbitration process found in the Approved Housing Guidebook.

Student Signature:

1. COST OF ACCOMMODATIONS & SERVICES:
(Receipts must be provided for all payments.)

APPLICATION FEE: $0.00

SECURITY DEPOSIT: $100.00

Refundable portion $75.00

Non-refundable portion $25.00

UTILITIES: covered

RENT: See rates above

LATE FEES (See Late Fees): $25.00

PARKING (See Parking Contract): $25.00

PAYMENT SCHEDULE – Payment due in full by:
Winter Semester: January 1st
Spring Semester: April 1st
Summer Term: July 1st
Fall Semester: September 1st

2. PAYMENT OBLIGATION:
The undersigned agrees to: (A) assume full, legal obligation for payment according to the terms of this Contract; (B) pay late fees in the amount of $25.00 if not paid within 5 days of the due date and interest at 6% per annum on any past-due (unpaid after 30 days of the date due) accounts; (C) pay all costs of collection including reasonable attorney’s fees; and (D) submit to mediation and arbitration all disputes concerning payment. Failure to abide by the arbitration ruling may result in Student losing eligibility to continue as a student.

3. DEPOSIT/APPLICATION FEES:
The payment of $100 serves as a security deposit and may include an application fee and utilities deposit as stated in section 1. Those items which may be expensed against the deposit include: late or unpaid rent, penalties and interest, costs of collection, damage to the premises beyond usual wear and tear, any fees called for under this Contract including cancellation/transfer fees, liquidated damages for cancellation of this Contract as provided for in section 4, and such additional charges as are found in the University-approved addendum.

Student will be given a signed, itemization of deduction along with the deposit balance within 30 days following termination of tenancy. In order to expedite return of the deposit, Student should provide manager with mailing address and/or self-addressed, stamped envelope. Any objection to the itemization and returned deposit must be submitted in writing to Landlord within 90 days or all claims are waived. Unresolved issues concerning the deposit return shall be subject to mediation/arbitration.

4. CANCELLATION/TERMINATION OF CONTRACT PRIOR TO OCCUPANCY START DATE:
(A) Up to 61 days prior to contract occupancy start date: Either party may cancel this Contract by written notice and a $20 fee paid by the initiating party. If Landlord initiates the cancellation request, a full refund of all monies paid including the cancellation fee will be returned to Student within 15 days; (B) Within 60 days of occupancy start date: This contract may not be cancelled within 60 days prior to semester occupancy start date unless agreed upon in writing by both parties. Student, however, may find a suitable replacement for his/her Contract. When a suitable replacement is provided (acknowledgement of suitability cannot unreasonably be withheld), Landlord will notify Student in writing of Student’s release of obligation and refund any monies paid minus a $15.00 transfer fee. If Student is unable to provide a suitable replacement, Landlord may collect for all the obligations contained in this Contract but must demonstrate commercially reasonable efforts to mitigate damages by filling the leased space; (C) Individuals who have entered into this Contract anticipating admission to BYU-Idaho who are ultimately not admitted shall be refunded all monies paid, including the full security deposit upon prompt notification that their admission was denied; (D) New students may not contract for a semester prior to their assigned track.

5. BREACH OF CONTRACT BY STUDENT:
Student may be in breach of Contract for the following reasons: (A) Student voluntarily withdrawing from BYU-Idaho during a semester; (B) Student is required to leave University for violation of the Honor Code, Academic Suspension, or when Student fails to maintain eligibility to live in student-approved housing. (Students who have lost their eligibility cannot continue living in student housing. See “Eligibility for Approved Housing”); (C) Student fails to make any payment under this contract when due; (D) When cost of damages caused by Student or any guests of Student exceeds the amount of the security deposit; (E) When Student violates the Apartment Living Standards; (F) When Student conduct interferes with other residents’ rights to peaceful enjoyment of the premises, recklessly endangers human life including self, or damages, defaces, or destroys the property of or threatens physical harm against other students or the Landlord; or (G) When Student suffers, permits, or maintains any nuisance or any health or safety hazard on the premises. Student agrees to cover all costs of eviction including legal penalties provided by law and attorney’s fees. Student is under full obligation of this agreement including payment in full unless a suitable replacement can be found as stated in section 4(B).

6. BREACH OF CONTRACT BY LANDLORD:
Landlord may be in breach of Contract for the following reasons: (A) Landlord fails to maintain complex according to BYU-Idaho requirements as stated in the Approved Housing Guidebook; (B) Landlord materially misrepresents complex on website and/or in written information such as e-mails, flyers, brochures, etc.; (C) When Landlord suffers, permits, or maintains any nuisance or any health or safety hazard on the premises. Landlord agrees to release Student from this Contract and cover moving costs.

7. TERMINATION OF CONTRACT AFTER OCCUPANCY START DATE:
If there is no breach of Contract by either Student or Landlord as indicated above, this Contract may be terminated for the following reasons upon the agreement of both parties: (1) Unforeseeable and unexpected catastrophic loss or serious illness; (2) Death of Student; (3) Student called into active military duty. In such instances, appropriate verification must be promptly provided to the Landlord. All rent will be prorated from the date of notice and the contract will be terminated without penalty or further obligation.

8. UNIVERSITY TERMINATION OF APPROVED HOUSING:
When BYU-Idaho notifies Landlord that his/her approved housing status has been revoked, Student may terminate Contract by written notice within five days. Landlord agrees to remit within five days of the date of the written notice from Student the balance of any prepaid rent and/or deposit monies to any Student electing to terminate this Contract. Landlord may only pro-rate rents and amounts expensed against the deposit. (See section 3.)

9. TRANSFER OF STUDENTS WITHIN COMPLEX:
A request for transfer to an apartment/room other than the original assignment may be made by either Landlord or Student using the following process: (A) The initiating party requests either in person or in writing, to the best known address, the reason for the transfer; (B) A written response is due seven days after date of correspondence; (C) Agreement to the reassignment cannot unreasonably be withheld; (D) If no reasonable justification for denying the reassignment is given or no timely response is provided, consent to the request is deemed to have been given.

10. HOUSING REGULATIONS:
Student, his/her guests, on-site managers, and other employees of the property are required to abide by the BYU-Idaho Honor Code, Apartment Living Standards, and the approved addendum which are incorporated by reference as part of this Contract. Failure to comply with the terms of this Contract will be seen as a material breach of this Contract and dealt with accordingly. No modifications of this Contract may be made by interlineations or other writing unless such other writing is approved by the BYU-Idaho Housing & Student Living Office.

11. RIGHTS OF POSSESSION, PRIVACY, AND ENTRY:
Student will not be unjustly evicted and neither Student nor Landlord will harass or retaliate against the other for any reason. Landlord may not enter Student’s apartment without consent of at least one of the residents or after giving 12-hours notice either delivered to Student or posted in a conspicuous place stating intent to enter. Landlord reserves the right to enter Student apartment or rooms with reasonable notice and after knocking for emergencies, maintenance, repairs, cleaning, inspection, to ensure compliance with the Honor Code, and to show apartment to prospective tenants. Reasonable notice will be deemed given when repairs are requested by Student and Landlord enters at a reasonable time of day and after knocking.

12. PROPERTY CONDITION:
STUDENT OBLIGATION: Student accepts the premises as being in good order and reasonably clean unless otherwise indicated in writing to Landlord within 48 hours of commencing occupancy. Student agrees to: (A) maintain property in a reasonably clean and safe condition with no alterations of any kind; (B) use reasonable care in consumption of utilities and services; (C) avoid unreasonable noise or other disruption of peaceful enjoyment of others; (D) be responsible for damages caused by him/her or guests which are beyond reasonable wear and tear; (E) notify Landlord of needed repairs; and (F) notify Landlord of violations of the BYU-Idaho Honor Code or Apartment Living Standards.

LANDLORD OBLIGATION: Landlord agrees to: (A) maintain the property in compliance with all applicable state, county, and city laws and the BYU-Idaho Uniform Physical Condition Standards (BYU-Idaho Approved Housing Guidebook incorporated herein by reference); (B) provide furnishings and appliances in a safe, clean, and operable condition; (C) respond promptly to emergencies and maintenance requests; and (D) work with due diligence to correct any problems.

13. ABANDONED PROPERTY:
Upon termination of this Contract, Student will immediately vacate the premises and remove all Student’s and Student’s guest’s property. Landlord and Student agree that if any personal or Student’s guest’s property is left on the premises or in any storage facility after Contract is terminated, Landlord may assess a maximum handling fee of $150 to dispose of the property. Landlord will make reasonable efforts to contact Student concerning the property and permit Student to enter and remove the property. Landlord may dispose of the property by sale or otherwise after 30 days. Money received from disposing of the property may be applied to outstanding amounts due or offset against the cost of disposal or expense of handling the property.

14. PROTECTION OF PERSONAL PROPERTY:
Student waives all claims against Landlord for personal injury or loss of or damage to clothing, valuables, or other personal property, including money, unless such loss or damage is due to negligence of Landlord. It is recommended that Student carry his/her own renter’s insurance to cover potential personal-property losses. Landlord who disposes of personal property belonging to a current Student without permission of Student will reimburse Student for fair market value of item(s).

15. GUESTS:
Overnight guests are discouraged but may stay with the explicit consent of the manager and roommates. Extended or excessive number of stays is not permitted. A guest fee may be charged. Guests must be the same gender as the other residents and must abide by the BYU-Idaho Honor Code and Apartment Living Standards.

16. DISPUTE SETTLEMENT/ARBITRATION:
Landlord and Student agree that should any dispute arise concerning any matter covered by this Contract and should that dispute not be resolved to both parties’ satisfaction the matter shall be submitted to mediation and binding arbitration as contained in the BYU-Idaho Approved Housing Guidebook and at www.byui.edu/housing. All parties agree to mediate in good faith and to abide by the decision rendered by the Housing & Student Living Arbitration Board including any monetary award made.

Addendum

@ Saqqara Properties Addendum
208-356-4897

1. CHECK-IN AND CHECKOUT PROCEDURES: Check-In and Checkout Procedures will be provided by management. Residents must leave the apartment immediately after having officially checked out. Those who leave the apartment without checking out properly will be charged their entire deposit.

2. DAMAGES/CHARGES: Residents are liable for any damage to the apartments. When more than one person is involved, each person will share in the expense. When residents know who is responsible for any damage in public areas, they should furnish such information to the manager. The following are typical costs for the replacement of the items indicated:

Carpet Repair (minimum charge/sq. yd.)	$25+
Door (solid core with labor)	$250
Door (hollow core with labor)	$75
Door (closet door with labor)	$60
Door Locks	$35-150
Garbage Disposals	$250
Key (lost)	$15
Light Fixture	$25-$100
Re-Key a Door	$50
Screens	$50
Windows	$50-200
Late Fee (per month)	$25
Clogged Plumbing pipes due to flushed objects (ie. Tampons etc.)	$250
Hard Back Chair	$40
Desk	$50
Mattress	$100
Boxspring	$70
Loveseat and/or couch	$300-699
Note: the above costs are typical, but actual costs will be charged to the resident(s) responsible.

3. DISCIPLINE: Residents who violate university policies are subject to disciplinary sanctions which may include but are not limited to restrictions, fines, service, eviction, probation, or suspension from the university.

4. DISMISSAL FROM BYU-IDAHO: Residents who are not admitted students or who have been dismissed from BYU-Idaho, must check out of their apartment within 72 hours. A student withdrawing due to eviction or being asked to leave for disciplinary sanctions is responsible for the entire contract amount.

5. ENTERPRISES OR BUSINESSES: The operation of a business enterprise in the apartment is prohibited, unless authorized by owner/management.

6. EVICTION: Behavior which does not meet the student standards or other BYU-Idaho Housing rules and regulations may result in a behavioral probation, suspension from BYU-Idaho, and/or eviction from BYU-Idaho housing. In the event of probation, students will be required to contact their parents regarding these infractions and to meet with a Housing officer and possibly an official from the Student Honor Office. If a tenant has been evicted they are still responsible for the entire amount of their contract.

7. FIRE/SAFETY: Decorations should not be attached to the ceiling or near window coverings or radiators. All burning embers, such as incense, and open flames are prohibited. A $200 fine may be assessed for tampering with fire extinguishers or alarms.

8. FURNITURE: Please keep furniture in regularly assigned area. No furniture may be moved out of the room, apartment, or lounge to which it is assigned without management approval.

9. HOURS: Students should be in their own apartments by midnight Saturday through Thursday nights, and 1 a.m. on Fridays. Arrangements may be made through the manager for an overnight pass, should the need arise.

10. HOUSEKEEPING: Residents are required to maintain order and cleanliness in their living accommodations at all times. There will be a regular weekly room/apartment check. Residents will supply their own cleaning products to clean their apartment/room. If housekeeping falls below the standard set by the residence hall, any necessary cleaning may be done by the complex and the resident or residents responsible will be charged an hourly fee for the cleaning service. If any resident refuses to participate in the weekly clean checks, there will be a $15 per hour fee charged.

11. KEYS: Keys to rooms or apartments and mailboxes will be issued by the manager. Residents are advised to keep their rooms or apartments locked at all times when not occupied. @ Saqqara Properties is not responsible for items stolen or any damage done while the apartment is not occupied. No keys are to be duplicated by anyone except the complex. Key replacement cost is $15.

12. LINEN: Residents need to bring their own sheets, pillows, pillowcases, blankets, bedspreads, towels, and mattress covers (mandatory-can be purchased from management for $10).

13. MAIL SERVICE: As soon as possible after arrival at BYU-Idaho, inform parents, friends, etc., of your correct address. Your address is:

Aalita Manor:	Aberdeen Cottage:
177 South 1st East, #__	111 East 2nd South
Rexburg, ID 83440	Rexburg, ID 83440

1 Grey Gable:	Bristol Manor:
165 South 1st East	117 East 2nd S #__
Rexburg, ID 83440	Rexburg, ID 83440
When leaving us, be sure to fill out a Change of Address Form at the post office.

14. MANDATORY MEETINGS: At the beginning and end of each semester mandatory meetings are held to explain residence hall rules and procedures that are critical for the resident to know. All residents will be held accountable for any information discussed or distributed in the meeting whether or not they attend.

15. OCCUPANCY: Apartments and rooms will not be ready for occupancy before the first day of the contract. If arriving late for semester check-in, contact the manager. Please do not expect to be checked in or out of the apartment before check-in times or after check-out times.

16. PARKING: Residents bringing cars must get a parking permit from the managers. A Parking Permit is $25.00. Parking is at a premium and parking permits are given on a first come-first served basis. We highly advise leaving cars at home if possible.

If a parking space is requested, a manager must confirm that there is a parking space available and issue a parking permit, making this a “Parking Space” agreement (parking spaces available on a first come, first serve basis). If there is not a parking space available or a parking space is not requested, this is a “Non-Parking” Agreement. Non-Parking Agreement means there is “no overnight, on site parking provided in connection with this agreement” (as per the City of Rexburg, Ordinance No. 975).

Tenant initials that they have read and understand Parking vs. Non-Parking Agreement:

17. QUIET HOURS: Quiet hours are from 10 pm until 8:30 am Monday through Saturday and all day on Sunday.

18. ROOM ASSIGNMENTS: All roommate requests need to be submitted to the manager at least 30 days prior to the contract beginning. Management makes an effort to honor as many requests as possible, however, there is no assurance that all requests can be honored. @ Saqqara Properties reserves the right to transfer or consolidate residents to other than originally assigned rooms or apartments.

19. WHITE GLOVE: When residents check out of their apartment, their room/apartment must be “white-glove” clean. The white glove inspection is part of the checkout procedure. If checkout is not completed properly, all or part of the security deposit will be used to cover itemized expenses. Damages beyond the $100 deposit will be billed to the student responsible.

20. ARBITRATION CLAUSE: See BYU-Idaho policy.

21. RENTER’S INSURANCE: Saqqara Properties strongly urges tenants to purchase their own insurance for their belongings. Saqqara Properties takes no responsibility for loss or damage to personal items.

22. CAR REPAIR/MAINTENANCE: There are to be no oil changes of vehicles on the premises. The fine for doing so is $25. Proper clean up is to be taken for all other repairs and maintenance.