THE UNIVERSITY OF MISSISSIPPI Department of Student Housing
CAMPUS WALK STUDENT LEASE AGREEMENT
Please read this document carefully. This Lease Agreement is a binding document that details a set of conditions between you, the Student (the “Student”), and The University of Mississippi (the “University”). This Lease Agreement guarantees you a space in a campus apartment for the Agreement Term specified below. This Lease Agreement may be terminated only under the conditions specified herein. Students and their parents or guardians are urged to read carefully the terms and conditions of this Lease Agreement. If the Student is under 18, a parent or guardian must sign this Lease Agreement along with the Student. THIS LEASE AGREEMENT (the “Lease”), made and entered on ___________________________ by and between the UNIVERSITY, a Mississippi public institution of higher learning and ______________________________________ (the “Student”).
The University has agreed and does hereby rent unto the Student, the premises described as Campus Walk at The University (the “Premises”) and all common area appurtenant to the Apartment and to the Premises, to be occupied and used based upon the terms, conditions and provisions herein set forth. As used herein, “Premises” also includes the real property appurtenant to the apartment building, including the parking lot, as well as the Apartment for a period of one academic year or the remainder of the academic year if lease is signed after the Fall Semester. (The academic year begins in the fall semester and continues through the following spring and summer sessions.)
1. No Subletting: Students may not sublet or rent the Apartment, or any portion thereof, or permit any person who has not signed an agreement to lease the Apartment from the University to use the Apartment as a residence. The Department of Student Housing may grant subletting for academic purposes (e.g. Study Abroad, Internships, or any other academic study opportunity). In each case, the Student must seek, in writing, approval from the Department Of Student Housing.
2. Eligibility: Eligibility for residency on the premises is contingent upon completion of 30 hours of on-campus academic credit and the tenant must, throughout their occupancy, be a registered University student. Students withdrawing from the University while living on the premises will be subject to immediate eviction. The refund of the room rent is prorated based upon the date the room is vacated. If a student re-enrolls in the university during the period covered by the original housing contract, the student will be bound to the remainder of the contract.
3. Discrimination: The University does not discriminate on the basis of race, color, gender, disability, sexual orientation, or national or ethnic origin in the assignments of rooms or in the assignments of persons as roommates and rejects all requests for
changes based upon such reasons. In addition, the University complies with all applicable federal, state, and local laws governing non-discrimination.
4. Rules and Regulations: Student and his/her guests and agents shall comply with and abide by all of the University’s existing rules and regulations and such future reasonable rules and regulations as the University may, at the University’s discretion, from time to time, adopt governing the use and occupancy of the Apartment and any common areas used in connection with them. The University reserves the right to make changes to the existing rules and regulations and to adopt additional reasonable rules and regulations at its sole discretion. Student acknowledges that s/he has had access to and the opportunity to read the Student Housing Handbook, which includes residential policies. A possible consequence may be eviction for violations of university policy, rules and regulations. Eviction may be immediate.
5. Natural Disasters: In the event of an unforeseeable cause beyond the control of and without the negligence of the University, including, but not limited to fire, flood, other severe weather, acts of God, interruption of utility services, acts of terrorism and other unforeseeable accidents, the University reserves the right to keep the Premises a safe environment by any means, including, but not limited to, temporarily or permanently removing Student from the Apartment.
6. Renewable: The Student understands that this Lease is renewable in the Spring Semester for the following year by priority date unless the Student receives written notice from the University stating this agreement will be terminated.
7. Entry: The University or its duly authorized representative shall have the right, at any time, to enter upon and into the Premises for the purpose of health and safety inspections and/or making any necessary repairs or replacements.
8. It is understood and agreed that Student has examined the Premises, and by execution thereof, accepts said premises in its present condition.
II. Financial Responsibilities
1. Billing: Billing for Campus Walk is broken up in two billings, each billing totaling a 6 month period. The Student will be billed for 6 months in the fall semester and the remaining 6 months in the spring semester.
2. Services Provided: Rent includes the following: water, sewer, trash removal from designated collection points, basic cable television, local phone services, internet service, and a portion of the electricity bill not to exceed $120.00 per month for each apartment as defined “apartment” is one apartment consisting of 4 bedroom / bathroom spaces, living room, kitchen and washer/dryer area. In the event that the electricity bill for the entire apartment exceeds $120.00 per apartment in a given month, the University will bill each of the residents of the apartment an equal share of the overage. Overage charges will appear on the Student resident’s bursar account the following month.
3. Application Fee: The Student shall pay a non-refundable application fee in the sum of $75.00 to insure against default under the yearly agreement hereby provided.
4. Damages: The Student agrees to notify the University promptly of any damage to the Premises. Student shall pay for any damages s/he causes to Student’s Room, the Apartment or furnishings or appliances therein that are assessed. All students of the Apartment will be liable to pay a prorated amount for any damage to the common areas of the Apartment or furnishings or appliances therein if the responsible individual cannot be identified by the University.
5. Renter’s Insurance; Release and Indemnity Provisions: Student shall be solely responsible for insuring any of his/her personal property located or stored upon the Premises upon the risks of damage, destruction, or loss resulting from theft, fire, smoke, weather, water damage and all other hazards and casualties. The Student by the execution hereof releases the University, its agents, employees or representatives from any and all liability for any injury to the Student, members of the household, guests or anyone on said Premises; and this release shall be applicable to the entire complex, including parking areas, walkways, swimming pool, exercise room, office space, or any other common areas, but not limited to the same.
Regardless of whether Student secures such insurance, the University shall assume no responsibility, and Student or other party to this Agreement shall, to the maximum extent of the law, release, indemnify, hold harmless and forever discharge the University and its agents and employees, for any and all liability, claims, demands, action and causes of action whatsoever arising out of or related to any loss, theft, property damage or personal injury, including death, whether such losses occur in Student’s Room, the Apartment, or elsewhere in or around the Premises.
6. The University shall not be liable for any damages or loss to personal property caused in any manner at said Premises and shall not be liable for personal injury or damage or loss of the Student’s personal property from theft, vandalism, fire, water, smoke, explosion or any other cause whatsoever.
7. Keys: Keys are provided for the Student’s use. Failure to return all keys will result in a lock change and such charges will be assessed to the Student.
1. Entire Agreement: All University rules, regulations, policies and procedures (including those found in the Student Handbook) are incorporated herein and are part of this Agreement. No modification of this Agreement will be enforceable unless reduced to writing and signed by Student and the Director of Student Housing and/or his/her designee.
2. Waiver: No waiver of any breach of any obligation or promise contained herein shall be regarded as a waiver of any future breach of the same or any other obligation or promise contained herein.
3. Amendment of Laws: In the event that subsequent to the execution of this Agreement any state statute regulating or affecting any duty or obligation imposed upon the University pursuant to this Agreement is enacted, amended, or repealed, the University may, at its option, elect to perform in accordance with such statute, amendment, or act of repeal in lieu of complying with the analogous provision of this Agreement.
4. Dispute Resolution: Any disputes arising under this Agreement shall first be addressed to Department of Student Housing. Any appeals to decisions there from shall be resolved through the Office of the Vice Chancellor of Student Affairs or his/her designee. These procedures shall be followed prior to Student instituting any other legal proceedings. 5. Severability: The invalidity of one or more provisions in this Agreement shall not affect the validity of any other provision hereof, and the Agreement shall be construed and enforced as if such invalid provision(s) were not included.
6. The Student identified herein agrees to be enrolled as a University Student while residing in the Premises.
7. The University reserves the right to remove unauthorized items from breezeways and charge the Student a storage fee. Abandoned items left unclaimed after one month (30days) will be disposed of. (“Abandonment”), as used in the contract, means that (1) you appear to have moved out in the University’s reasonable judgment because of substantial removal of clothes, furniture or personal belongings from the residence hall room and housing unit, and (2) either the date by which the Contract obligates you to leave such room has passed or no one has been in the room for five (5) consecutive days while the rent is due and unpaid. If there has been an abandonment of the unit, the University may remove and/or store all property remaining in the room or common area at your expense. Property removed after abandonment may be thrown away by the University if it is perishable (food, medicine, or plants) or worthless in the University’s reasonable judgment. All other property removed and stored by the University shall, after 30 days, become the property of the University to be either used or disposed of in accordance with policies and procedures. The University may, at its sole discretion, charge the student a reasonable fee for storage of items.
1. Cancellation of the academic year contract will be made based on the following reasons only: withdrawal, marriage, or fulfillment of academic programs requiring a Student to move out of the area, graduation, or circumstances that are determined by the University to be beyond the Student’s control. Notification of cancellation in these instances must be made by the cancellation deadlines which are July 1 for fall and
December 1 for spring (for new incoming spring students)
2. In reference to the above criteria for cancellation, cancellation prior to the start of a semester must be made in writing or emailed and received by the cancellation deadline. The academic year Housing Contract becomes binding after the cancellation period (July 1st and December 1st for new incoming spring Students) has passed.
This contract is not governed by the Mississippi Residential Landlord and Tenant Act § 89-8-1 et seq.
IN WITNESS THEREOF, the parties hereto affix their signatures on the date hereinafter referred to: