CAMPUS CONNECT PRIVATE RESIDENCE HALL CONTRACT TERMS (LEASE)
PART 1 - LEASE:
OWNER: Owner is either; 1402 Regent Street, LLC or SBA Usquare, LLC. C/O SBA Management Services, 120 W. Gorham St., Madison, WI 53703
Resident and Owner mutually agree to the following promises, covenants, and conditions:
1. DESCRIPTION OF LEASED PREMISES. Owner leases to Resident, and Resident leases from Owner, the following (collectively, the "Premises"):
A) The undivided, non-exclusive residential use, together with the other resident of the Bedroom (if any) and residents of the other bedrooms that are part of the Unit (if any), of the common areas that are part of the Unit, including the kitchen, bathroom(s) and living area(s) (the "Unit Common Areas"). For purposes of calculating any shared cost items, the percentage of the "Unit Common Areas" assigned to Resident shall be a fraction, the numerator of which shall be one (1), and the denominator shall be the total number of residents assigned to the Unit at the time the shared cost item is incurred.
B) The undivided, non-exclusive residential use, together with the other resident of the Bedroom (if any) and residents of the other bedrooms that are part of the Unit (if any), of the Unit's household furniture, kitchen appliances and certain other fixtures and equipment, including those listed in separate addenda to and made a part of this Lease (collectively, the "Furnishings").
Except for a single occupancy unit rental, Resident will share the Unit Common Areas with other residents of the Unit as assigned by Owner. Resident agrees to accept the Bedroom, the Unit and the resident assignments made by Owner. Owner will assign Resident to a specific Bedroom and Unit at the beginning of the Lease Term. During the Lease Term, however, Owner may re-assign Resident from time to time to an equivalent Bedroom and/or Unit within the Building, including for the purpose of consolidating vacancies, or otherwise in Owner's discretion. Bedroom and Unit re-assignment requests by the Resident will become effective only if approved in writing by Owner and Resident shall be obligated to pay Owner a $150 administrative fee in connection with such request.
2. LIMITED LICENSE TO USE BUILDING COMMONS AREAS. Owner also extends to Resident, on a revocable basis, the undivided, non-exclusive limited license to use non-residential common areas of the Building, to include the lobbies, lounges, business center, hallways and laundry rooms (the "Building Common Areas"). Use of or access to rooftops, pools, clubhouses or any other areas of the building or grounds wherein the Premises are located, including parking lots, garages or ramps, is at Owner's sole discretion.
3. TERM OF LEASE. The term of this Lease (the "Lease Term") shall be the period beginning on August 31, 2014, and terminating at noon on, May 16, 2015 unless sooner terminated in accordance with either paragraph 8 or 9 of this Lease. This Lease shall not renew.
4. INSTALLMENTS. For use and occupancy of the Premises during the Lease Term, but subject to the terms timely payment requirements set forth below, Resident agrees to pay Owner the total contract amount on the Contract Acceptance Signature Form divided by 9 installments plus a $20/month Sewer & Water and Technology Access Fee, including all applicable federal, state, and local taxes (the "Installments"). Installments are due and payable in periodic payments, on or before the first of each month beginning August 1st of the year of commencement of this lease and ending April 1st of the year following commencement (the "Due Dates") regardless of when these dates occur, including weekends, semester breaks or vacations, with no exceptions. Upon timely payment of each of these installments, Resident shall be entitled to occupy the Premises.
Resident shall tender all sums to the Owner's agent under this Lease. All sums shall be paid in United States currency and shall be paid in full, without demand or set off. Payment or receipt of an installment of less than the amount stated in the Lease shall be nothing more than partial payment on the account. Under no circumstances shall Owner's acceptance of a partial payment constitute accord and satisfaction. Nor will Owner's acceptance of a partial payment forfeit Owner's right to collect the balance due on the account, despite any endorsement, stipulation, or other statement on any check or other writing. The Owner may accept any partial payment check with any conditional endorsement without prejudice to its right to recover the balance remaining due, or to pursue any other remedy available under this Lease. Deletions, annotations, or other modifications to documents relevant to the Lease by applicant, Resident, or Guarantor, are unenforceable against Owner unless Owner initials the deletion, annotation or other modification, and may render Lease null and void at Owner's option. All payments will be first applied to any outstanding delinquent portions of Installments, late fees, and other fees and charges owed by Resident and then applied to the monthly installment currently due.
5. LATE CHARGE. Time is of the essence for all payments due under this Lease. Installment payments received two or more days beyond the Due Date shall include a late fee equal to 5% (five percent) of the periodic installment. Acceptance of a delinquent payment does not constitute a waiver of that default or any other default under this Lease.
6. UTILITIES. This Lease addresses responsibility for the following utilities and services only. To the extent they are available to the Unit, the responsibility of arranging for and the cost associated with the provision of each service shall be borne by Resident or Owner as follows: owner pays Electricity, Heat, A/C, Trash Removal and Internet. Satellite/Cable TV is paid by resident.
- Basic Heat/A/C is identified as the process of generating and delivering heat or cooling to the residential unit. Owner is responsible for providing and maintaining a water source heat pump loop or similar system which will provide a constant supply of heated water to the unit as well as any costs associated with the system. It will be the sole responsibility of the Resident (together with other residents of a Unit, as applicable), to pay for, through the control of an electrically powered fan and thermostat, the distribution of heat and cooling throughout the unit.
- Basic Internet means wired high speed Internet access is furnished at no charge as part of this Lease. Resident (together with other residents of a Unit, as applicable) may contract directly with Owner for upgrades or additional services. All charges associated with any upgraded or different service, including any installation, activation or cancellation charges, are the sole responsibility of the Resident(s) of a Unit obtaining such service.
7. SECURITY DEPOSIT. Resident agrees to pay a security deposit in the amount of $300 ($50 due with Contract Acceptance Signature Form and balance due by June 1, of contract year) to be kept by the Owner as security for Resident's full and faithful performance and observance of the terms and conditions of this Lease and accompanying Addenda. The resident shall maintain the deposit in the full amount at all times during the term of this Lease. The Owner may use, apply, or retain all or any part of the security deposit to the extent required for: (a) reimbursement to Owner for any damage to the Bedroom, the Unit or the Building Common Areas caused by Resident or Resident's guests; (b) unpaid installments, utility charges, parking charges or other charges which Resident owes under this Lease; (c) unpaid charges for items specifically addressed in the Non Standard Rental Provisions on the back page; or (d) payment of any sum which the Owner may expend by reason of the Resident's default in respect to any of the terms and conditions of this Lease. When more than one resident occupies any Bedroom or Unit, and damage to the Bedroom or Unit occurs which is not determinable to one resident, the damage will be charged to all residents of the Bedroom and/or the Unit according to the proportionate share set forth in paragraph 1(b). Resident shall provide Owner with written notice of Resident's forwarding address upon move out. The security deposit, less any amounts legally withheld, will be returned in accordance with Wis.Stat.s.704.28(4).
8. ABANDONMENT. If Resident abandons or vacates the Premises before the expiration of this Lease, Resident shall remain fully liable for all installments due under this Lease through the last day of the Lease term and all other amounts for which Resident is liable under this Lease. Upon termination of this Lease by Resident, Owner will take reasonable steps to re-rent the Premises that is subject to this Lease after all other equivalent premises in the Building have been rented and assigned, and Resident will be responsible for any expenses incurred by Owner in attempting to re-rent the Resident's Premises. Any net installments received by the Owner from a re-rental of the Premises over-lapping the Resident's lease term shall mitigate the Resident's obligation. If Owner is unable to re-rent the Premises after all other equivalent premises in the Building have been rented and assigned, Resident will be liable to the Owner for all installments and fees due until the original expiration date of this Lease. If Resident is absent from the Premises for three consecutive weeks without written notice of such absence to Owner, Owner may consider the Resident to have abandoned the Premises. Notwithstanding any contrary provision in this Lease, Owner's rights and remedies under this paragraph 8 shall be in addition to any other contractual, statutory, administrative, or common-law rights and remedies available to Owner.
9. DEFAULT. If Resident is in default under this Lease and such default is not cured within five days after Owner has given written notice of the default to the Resident, Owner shall have the right to terminate Resident's right to possession of the Premises and Resident shall peacefully surrender the Premises to the Owner. No such termination by Owner shall relieve Resident of Resident's liability and obligation under the Lease, and such liability and obligations shall survive any such termination. In the event of such termination, however, Owner shall retain the security deposit and Resident shall be liable to Owner for the payments of the Installment due under the Lease until the Premises are leased to a substitute resident. Default on the part of the Resident shall include (but is not limited to) the following:
(A) Delinquency in the due and punctual payment of any installment, or other payment required, or as adjusted under this Lease;
(B) Disorderly or illegal behavior on the part of the Resident, Resident's agents, guests, or invitees within the Bedroom, the Unit Common Areas or the Building Common Areas;
(C) Tampering with or otherwise damaging or destroying any elevator(s) or life safety equipment (including but not limited to exit signs, fire extinguishers or alarms, and smoke detectors) or accessories;
(D) Any instance or combination of instances during the Lease Term in which Resident or Resident's agents, guests, or invitees damage the Bedroom, the Unit, or the Building Common Areas, or owner-provided furnishings or other property such that cumulative repair costs for such instances exceed $100;
(E) Violation of any of the Community Policy/Addenda made by Owner whether now in existence or as they may be amended in the future.
10. ASSIGNMENT. Resident shall not assign this Lease without prior written consent of Owner. Rules and procedures for sub-leasing the Premises are set forth in the Community Policy.
11. COMMUNITY POLICY. Resident agrees to comply with the Community Policy made by Owner with respect to the Bedroom(s), Unit(s) and Building Common Areas. Resident acknowledges receipt of a copy of the Community Policy that is incorporated by reference into this Lease and expressly made part hereof. Any reasonable alterations, additions, or modifications to the Community Policy, as Owner may make from time to time, and after proper notice, shall likewise be considered part of this Lease with the same force and effect as though written in it.
12. RIGHT OF REFUSAL. Until Owner has executed this Lease, Owner shall have the unrestricted right to refuse acceptance of Resident for any reason. Such refusal shall not be based, however, on Resident's race, religion, sex, national origin, or other protected class. If Owner refuses to execute this Lease, Owner shall refund to Resident any security deposit and previously paid installments.
13. TIME OF THE ESSENCE. Time is of the essence of this Lease and of each and every term and condition in it.
14. NON-WAIVER. The failure of the Owner in any one or more instances to insist upon strict performance of any term or condition of this Lease, or to exercise any right conferred by this Lease, shall not be deemed a waiver or relinquishment of any right or remedy that the Owner may have, and shall not be deemed a waiver of any subsequent breach of any term or condition of this Lease.
15. GUARANTOR. Prior to executing this Lease, Owner may require that the Resident have a Guarantor approved by Owner.
16. RELEASE OF OWNER.Except to the extent of liability (if any) for property damage or personal injury caused by negligent acts or omissions of Owner: (a) Owner is not responsible for any injury, property damage or loss sustained by, or caused by, Resident or Resident's guests; and (b) Resident expressly waives all claims against Owner for any such injury, damage or loss. Resident agrees to release Owner from responsibility and indemnify Owner for any damage, loss or injury caused by any other person occupying the Bedroom and/or Unit, or by Owner or damages which result from any Resident's acts or failures to act; provided, however, that the foregoing shall not be construed as imposing liability on Resident for: (i) personal injury arising from causes clearly beyond Resident's control; and (ii) property damage caused by natural disasters, or by persons other than Resident or Resident's guests or invitees. Clauses (i) and (ii) in the immediately preceding sentence are not intended to affect ordinary maintenance obligations assumed by Resident under this Lease.
17. OTHER CONDITIONS. OWNER AND RESIDENT AGREE THAT THIS LEASE ALSO CONTAINS THE TERMS, COVENANTS, AND CONDITIONS PRINTED WITHIN THE COMMUNITY POLICY CONTAINED IN THE DOCUMENT AND ANY OTHER ADDENDA. RESIDENT SPECIFICALLY ACKNOWLEDGES HAVING HAD THE OPPORTUNITY TO INSPECT A COPY OF THIS LEASE AGREEMENT, OWNER'S COMMUNITY POLICY AND ANY OTHER ADDENDA BEFORE TENDERING ANY MONEY OR SIGNING ANY LEASE AGREEMENT.
NOTE: Agreeing to this Lease creates legally enforceable rights. Owner and Resident understand their rights and obligations under this Lease are subject to state statutes and rules (including Chapter 704. WI Statutes, WI Administrative Code Chapter ATCP 134), and local ordinances.
PART 2 - COMMUNITY POLICIES
These policies are incorporated into the lease between the parties. Failure to adhere to terms contained herein may be considered a breach of the lease.
1. INSTALLMENT PAYMENTS. Installments will be considered PAID only when received by Owner. Late payments are subject to a late fee as set forth in the Lease. Checks should be made payable to SBA Management Services, Inc. and should be delivered or mailed to: [120 West Gorham Street, Madison, Wisconsin 53703]. In the event any payment is made by a check or electronic funds transfer that is returned unpaid, Owner may require Resident to make future payments by certified funds. Checks or electronic funds transfers returned by the bank as NSF or for ANY reason will be assessed a $50 fee, and all applicable late fees. Owner shall provide a receipt for cash payments of Rent. Resident shall pay late fees and any other charges due (damages, NSF fees, parking, service and administrative fees) as they occur. Unpaid fees and charges will be deducted from the security deposit resulting in a delinquent account. Owner takes no responsibility for processing post-dated checks or for any fees to Resident that may be caused by processing post-dated checks. Post-dated or NSF checks are considered non-payment and as such, are subject to handling fees as set forth in this Lease. Legal action to collect delinquent amounts may commence on any day of any month.
2.SMOKE DETECTOR, FIRE EQUIPMENT AND ELEVATOR. It shall be the responsibility of the Resident during the term of this Lease to inform Owner in writing of any malfunction of any smoke detector, including the need for a new battery. Upon discovery that a smoke detector in the Premises requires maintenance, Resident agrees (1) to provide immediately any maintenance necessary to make that smoke detector functional or (2) to provide Owner immediately with written notification of the required maintenance. Intentionally sounding an alarm (except in an emergency situation) or tampering with any fire equipment (extinguishers, smoke detectors, hoses, hose cabinets, exit signs, elevators etc.) is a criminal offense, and violators will be subject to eviction, civil and/or criminal prosecution. Tampering with or misusing elevators, including falsely sounding the alarm bell, forcing the doors (to open or close) or otherwise hindering or limiting elevator operation is extremely dangerous and is a criminal offense. Any Resident, Resident guest, or other person misusing or tampering with any elevator will be subject to fines, immediate eviction, and civil and/or criminal prosecution.
3. LOCKS AND KEYS. Fire and safety regulations, as well as this Community Policy, specify that the Resident not change or re-key door locks or install additional locks on any exterior or interior doors. Owner may, without notice or liability, remove any unauthorized locks and make necessary repairs at Resident's expense. Any Resident locked out after hours (after 7:00 PM on weekdays or on weekends or holidays) will be assessed a minimum $10 penalty charge per occurrence on the rental account. A Resident may not gain entry by breaking into the Premises or by otherwise damaging the Premises or building. If any Resident loses or damages a Key at any time during the course of the Lease, the lock will be immediately changed or re-programmed at a minimum charge of $65 plus $5 per key or $15 per electronic key card (whichever is applicable per property). If the number of Keys returned at the end of the lease term is not equal to the number of Keys issued during the course of the Lease, the locks will be changed or re-programmed and the minimum charges listed above will apply. Unauthorized copying of Keys is prohibited. No person other than a named Resident shall be issued a Key to the Premises. "Key" shall be defined as a mechanical key, electronic key card, key fob or any device that gains access to the property or unit and bedrooms.
4. CHECK IN. Resident shall, within seven days of occupancy of the Premises, inspect the Premises and have returned to the Owner a completed Check-In/Check Out form, detailing any defects or repairs needed within the Premises. The consequence of not returning the Check-In/Check-Out form is that the Owner will then assume that there were no deficiencies in the Premises at the time of occupancy.
5. REPAIRS. Owner shall keep the Premises and the Building in good repair. Resident is responsible for minor repairs including, but not limited to, light bulbs, fuses, and clogged toilets. Repairs that are required to protect the health and safety of the Resident will be performed at the earliest practical time. Owner is not responsible for completing repairs by a specific date when unusual circumstances, or acts of the Resident, prevent such completion. All requests by Resident for non-emergency maintenance services shall be considered both authorization and receipt of proper notice to enter the Premises and make repairs. After-hours maintenance requests must be a life or property threatening emergency; non-emergency after hours (after 5:00 PM on weekdays or on weekends or holidays) maintenance requests will be assessed a minimum $50 trip charge plus $35 per hour labor charge (one-hour minimum) on the rental account.
6. APARTMENT CONDITION AND CLEANING.Resident shall keep the area in and around the Premises in a clean and habitable condition and in good repair, normal wear and tear accepted. If Premises are kept by Resident in an unsanitary condition that renders the Premises, the Building, and other residents susceptible to health hazards or pest infestation, these conditions will be documented and corrective measures will be taken by the Owner. The Resident shall be responsible for material costs and labor costs of no less than $40 per labor-hour for these corrective measures. The Premises and the Building fire exit doorways shall be kept clear at all times. Resident may clean the inside and/or outside of the windows of the Premises; however, Owner is not responsible for window cleaning. Owner is responsible for one functional telephone line and jack per Unit, but not the monthly cost. The Resident shall pay the cost of any additional telephone installations, service, or modifications. Additions or alterations of wiring are prohibited without written consent of the Owner. Resident shall not alter, redecorate, cause any contractor's lien to attach to the Premises, or paint any portion of the Premises without written consent of Owner. Resident shall not affix any object(s) to the exterior of the Building (e.g. satellite dishes, wiring of any sort, advertising banners or political signage), nor shall Resident display any type of signage in windows of the Premises. Any citation or fine, which may be assessed for violations of City or Wisconsin health, safety or recycling/refuse codes, which are issued or assessed because of the actions or inactions of Resident, shall be paid by Resident. Any violation of this community policy may be subject to a $150 penalty charge per occurrence.
7. FURNISHINGS. Resident assumes full responsibility for all Furnishings provided by owner and agrees to return them to Owner at the expiration of the Lease Term in like condition as when received, excepting normal wear and tear. Resident shall be responsible for any loss, breakage, or other damage of Furnishings. Resident is responsible for returning all Furnishings to their original position in the Premises prior to checkout at the end of the Lease Term. No Furnishings shall be moved outside the Unit. A $50 charge or replacement cost (whichever is greater) will be assessed to Resident for each item of Furnishings that is not returned to its proper place or is damaged. Waterbeds and non-free standing lofts are not allowed in the Premises. Freestanding lofts are acceptable if either provided by Owner or installed by resident with written consent of Owner.
8. DAMAGES. Payment for repairs or damages caused by Resident, or guests or invitees, during the Lease Term, normal wear and tear accepted, shall be the responsibility and liability of Resident. Upon being billed by Owner, Resident shall make payment no later than the next rental payment due date.
9. PEST CONTROL. Resident agrees to allow Owner, without interference, to engage in chemical and mechanical pest control measures within the Premises and the Building and grounds wherein the Building is located. In the event a pest infestation is caused by actions of the Resident including but not limited to failure to report a pest problem in a timely manner or failing to follow instructions with regards to containing or treating a pest problem, Resident may be responsible for the cost of corrective pest control measures.
10. BUILDING COMMON AREAS. No furniture may be removed from any Building Common Areas. Missing Building Common Area furniture is presumed stolen and reported to authorities as such by Owner. Any Resident who removes Building Common Area furniture, or who has Building Common Area furniture in their Unit, will be charged $150, and may be subject to further disciplinary action. Damage to common areas will be assessed to those responsible. If the perpetrator(s) are identified, the damage will be assessed equally to individuals involved. Resident agrees to pay Owner for all repairs made necessary as a result of misuse, neglect, carelessness, misconduct or fault of Resident or Resident's guests to furnishings, premises of property, such charges are due and payable as they occur.
11. CONSIDERATION OF NEIGHBORS.Resident shall observe and comply with all aspects of this Community Policy and agrees not to create or maintain a nuisance or other disturbance that infringe upon the comfortable living or working conditions or privacy of other residents or staff. Resident further agrees to not engage in retaliatory behavior against any neighbor, guest, or staff member who makes any complaint about the Resident. Resident agrees that behavior on the part of Resident that violates any terms of this Community Policy is grounds for a disturbance fee of $150 to be charged to the rental account per occurrence and/or termination of the Lease by Owner.
12. RIGHT TO ENTRY. Upon at least 24 hour advance notice to Resident, Owner and its agents and employees shall have the right to enter the Premises to inspect, repair, or otherwise maintain the Premises; for housekeeping, maintenance or other management purposes with respect to the Bedroom or the Unit; or to perform any work or other necessary repairs as may be determined as a result of any inspection of the Premises. Owner may enter without advance notice if (a) Any of the residents of the unit requests or consents to a proposed entry, (b) a health or safety emergency exists, or (c) Resident is absent and Owner reasonably believes entry is necessary to protect the Premises from damage.
13. SOLICITATION. Solicitation and/or canvassing of any kind, without the prior consent of Owner, are not permitted in the Premises or in or about the Building. Residents are requested to notify Owner if they observe any solicitation or canvassing.
14. USE OF PREMISES. Resident shall use the Premises for residential purposes only. Resident shall not use the Premises or any part of the Building for any commercial or business purpose. Resident shall use and occupy the Premises and the Building in compliance with all applicable local, state and federal laws, and any rules and regulations of any governmental board having jurisdiction over the Building. Resident shall not use or keep in or about the Premises or Building: handguns, firearms, or weapons of any type; explosive, flammable or hazardous substances; or anything that would adversely affect coverage by any insurance policy.
15. USE OF WINDOWS, SCREENS. Resident shall not place anything whatsoever on the outer windowsills or ledges, or display, post or erect anything on the windows themselves or about the Premises or in the Building except in designated areas. Window screens may not be removed under any circumstances. Each and any time a window screen is removed or missing, the Resident(s) will be charged as a penalty $150. Any Resident who throws any object from a window, balcony or roof may be subject to a $350 penalty, immediate eviction, civil and/or criminal prosecution.
16. POSTING. No posters, staples, memo boards, decals or other materials are allowed on any doors, cabinets or furnishings in the Bedroom, the Unit or the Building Common Areas. Residents are strictly prohibited from affixing any object to any ceiling or wall area in their Premises or any Building Common Area ceiling or wall.
17. PERSONAL PROPERTY AFTER VACATING PREMISES. Owner shall have the right to dispose of personal property left in and about the Premises after Resident vacates the Premises, in accordance with Wis.Stat.s.704.05(5). Resident shall be charged $40 an hour for disposal of property left in the Premises or the Building.
18. STORAGE. Resident acknowledges that the Premises are limited to the interior dwelling unit only and that any items stored in hallways, basements, or other Building Common Areas, or outside the Building may, without notice, be removed and disposed of by Owner and Resident releases Owner from any liability in conjunction therewith. Furnishings that Resident requests Owner move into or out of the Premises after the commencement of this Lease may be moved at the Owners discretion and at a charge of $40 per item. Bicycles are not allowed in the Premises or the Building Common Areas. Resident must store a bicycle in designated locations only. Any Resident who leaves a bicycle in a Building Common Area will be charged as a penalty $150 for each offense.
19. BALCONIES. Resident acknowledges and agrees that the balconies are not to be used as storage. Only non-upholstered, single seat furniture can be put on the balconies. Bicycles, couches, grills, kegs, satellite dishes, trash, banners, towels (hanging items of any kind), posters, etc. are strictly prohibited. No materials of a flammable or combustible nature will be utilized or stored on the exterior balcony. Resident agrees to comply with reasonable requests made by Owner to immediately remove unauthorized items from the balcony and the Owner may remove unauthorized items from the balcony. Any Resident who throws any object from a window, balcony or roof may be subject to immediate eviction, civil and/or criminal prosecution. Resident acknowledges that behavior that violates the terms of this Community Policy is grounds for a penalty charge of $350 per occurrence to be charged to the rental account and/or termination of the Lease by Owner, eviction or other charges.
20. SLEEPING IN COMMON AREAS. Floor lounges, study rooms, lobbies, recreation rooms and other Building Common Areas may not be used for overnight sleeping.
21. GUEST/INVITEES. RResident is responsible for the conduct and actions of Resident's guests and invitees, while such guests and invitees are present in the Building. From time to time, Owner may require that Resident's guests and invitees present valid identification at the front desk and sign in the registry before being allowed entry to the Building and may restrict access by guests. Resident shall limit simultaneous guests to a number that is appropriate for the safe use of the Premises and Building, in the reasonable determination of Owner. Guests may not stay longer than six nights consecutively without prior written consent from the Owner and all residents named on the Lease. Unauthorized occupancy for longer than six consecutive nights by any person(s) not named on the Lease shall be considered an unauthorized sublet (as set forth in section 25 below), and may be considered a breach of the Lease.
22. ILLEGAL DRUGS OR SUBSTANCES. The possession, use, and/or distribution of illegal drugs or substances are strictly and absolutely prohibited in or around the Bedroom, the Unit or the Building Common Areas. Violators of this rule are subject to immediate eviction, civil and/or criminal prosecution. For purposes of this section, Owner's receipt of complaints from witnesses, (other Residents or employees) shall be evidence that the Resident has violated the foregoing restrictions. Owner herewith notifies Resident of its zero tolerance policy for violations of this rule.
23. ALCOHOL. Possession and consumption of alcoholic beverages is subject to Wisconsin state law and Madison municipal ordinance, and must in all cases be in full compliance with those laws and ordinances, and with these Rules and Regulations. Alcohol-related conduct that infringes upon the rights of roommates, suitemates, or other residents to a safe, quiet, and orderly living environment is not permitted under any circumstances. To that end, kegs of any kind/size are prohibited within the units, balconies, common areas and grounds. Resident acknowledges that the possession of a keg is in violation of this policy and grounds for a fee of $500 per keg to be charged to the rental account.
24. LAUNDRY ROOM. Articles left in laundry rooms or other Building Common Areas for more than 12 hours may be disposed of by Owner.
25. PARKING. Parking is by permit only in specified areas. Residents wishing to park motor vehicles on Owner property must first enter into a parking Addendum with Owner. Residents that have a fully executed parking Addendum must display a parking permit in their vehicle as designated in the parking Addendum. There is a fee for each replacement parking permit, tag or electronic opener as noted on the parking Addendum. Owner shall not be liable for any damage or loss to Resident's motor vehicle or its contents.
26. SUB-LEASING. All Sub-Lease Agreements must be made by completion of a form approved by and submitted to the Owner. Sub-Leases are an uninterrupted continuation of the term of this Lease; as a condition of a Sub-Lease, no assessments or inspections by Owner shall be made, no changes to any furniture provided by Owner shall be made, nor shall any cleaning or promises to improve or repair be made by Owner. No Resident under this Lease will be released, by admittance of Sub-Lessees to the Premises, from obligations set forth in this Lease. Proposed sub-lessees must submit to the resident application process and meet the standards required of all potential residents; approval of and permission for sub-leasing shall not be unreasonably withheld. Upon applicant approval, the Sub-Lease Agreement must be signed by all Residents, sub-lessees, Guarantors and Owner to be valid. A $150 fee must be paid by Resident to cover the cost of administration processing, applications processing and Sub-Leases. Anyone occupying the Premises who is not a signer to the original Lease or a valid Sub-Lease Agreement will be considered a trespasser. The security deposit paid by the original Resident shall be held by Owner for the full term of the original Lease. No other security deposit shall be accepted by Owner. Resident shall pay a $500 fee for unauthorized subleasing, without affecting the Owner's right to proceed against the Resident for having an unauthorized resident.
27. TRASH AND RECYCLING. Each Resident is responsible for putting trash in the proper trash containers. Resident shall comply with the local recycling ordinance. Any Resident who does not comply with the ordinance or who leaves, dumps, or disperses garbage in the hallways, elevator, parking area, driveway, yard, and sidewalk or anywhere other than the appropriate trash receptacle shall pay Owner a minimum $150 charge per incident. The Resident shall also pay any fines imposed by any governmental agency as result of the Resident's acts.
28. CONDITIONS AFFECTING HABITABILITY. The Premises and the Building IS NOT currently cited for un-corrected building or housing code violations. If within the Premises or building any of the following conditions exist, this information will be listed on a separate addendum: no hot or cold running water, lack of operating plumbing or sewage disposal, unsafe or inadequate heating facilities, no electric service, unsafe electrical systems or hazardous conditions. Owner shall show copies of any uncorrected code violations to the Resident before this Lease is signed or any deposit is accepted.
29. CHECK-OUT APPOINTMENT. Resident agrees not to vacate the Premises without first contacting Owner.
30. LEASE EXPIRATION. Occupancy is deemed to be concurrent with Lease Term unless Owner is notified by Resident in writing of Resident's early vacation. Resident understands that this Lease expires at NOON on the last day of the Lease Term. Premises must be vacated, and the checkout appointment completed with all keys, garage door transmitters, parking tags, and laundry cards returned to the Owner at this time. Resident must provide Owner with a forwarding address. Failure to vacate the Premises in timely fashion shall, by Wisconsin law, result in a minimum charge to the Resident, pro-rated daily, of double the daily rent, plus actual costs incurred by Owner to temporarily house or relocate other displaced resident(s), as a result of Resident's holding over. This charge may be waived only with the prior written approval of Owner.
31. FUTURE REFERENCES. Resident should be aware that Owner may be contacted by other property owners for future housing and credit references. Our references will be based on our contacts and rental experience with the Resident.
32. PETS. Pets ARE NOT permitted without prior authorization of Owner. Residents shall pay a fee of $500 per occurrence of an unauthorized pet being found in the Premises.
33. SMOKING. Smoking is prohibited in the common areas of the Building including, but not limited to, lobbies, community rooms, hallways, laundry rooms, stairwells, elevators, enclosed parking facilities, pool areas, and restrooms contiguous thereto. Smoking is prohibited within 30 feet of any entrance/exit to the facility.
34. RENTER'S INSURANCE. Owner is not responsible for any damage to Resident's personal property. Resident agrees to obtain, from an insurance company licensed to do business in Wisconsin, a policy of renter's insurance to protect Resident's personal property. The policy shall have a minimum limit of liability for bodily injury and property damage of $100,000. Resident shall maintain such insurance in force during the entire term of the Lease. Failure by Resident to comply with this provision of the Community Policy shall be considered a Default under the Lease.
35. SEVERABILITY AND READJUSTMENT. If any provision of the Lease or the Community Policy, or any remedy herein provided, is determined by a court of law to be invalid, then such provisions shall be deemed automatically adjusted to conform to the requirements for validity as declared at such time and, so adjusted, shall be deemed a provision of this Lease as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be readjusted, such provision shall be invalid and deemed omitted from this Lease. In either case, the remaining provisions of this Lease shall remain in full force and effect.
36. ENTIRE AGREEMENT. Resident expressly understands and agrees that this Lease contains the entire agreement between Owner and Resident and that Owner is not and shall not be bound by any representations, agreements or promises, whether oral or written, not contained in this Lease and the Community Policy. The Lease and this Community Policy may not be modified orally.
37. TERMINATION. Prior to June 1st of the initial year of the contract term, a contract release may be granted under the following circumstances and upon receipt of written notification; denial of admission to the University of Wisconsin-Madison, acceptance of admission offer to academic institution other than the University of Wisconsin-Madison. In the event of either circumstance, written notification must be accompanied by either a letter of denial from the University of Wisconsin-Madison and/or receipt of payment for tuition and/or housing from alternative academic institution. Contract release will result in the forfeiture of resident's security deposit. Failure to submit appropriate documentation as indicated above will result in the full enforcement of the entire agreement.
38. TENANT AND LANDLORD RIGHTS AND RESPONSIBILITIES. Resident acknowledges an opportunity to review a copy of the City of Madison Tenant and Landlord Rights and Responsibilities informational brochure is available at the rental location and on the Owners website.
AGENCY NOTICE: Resident understands that Owner's agent is an employee of SBA Management Services, Inc. and is representing the Owner's interests and in that capacity owes duties of loyalty and faithfulness to the Owner. However, the agent is obligated to treat all parties fairly and in accordance with Fair Housing laws and standards.
PART 3 - REQUIREMENT OF LIABILITY INSURANCE:
Residents' or guest's personal property and vehicles are not insured under the apartment lease agreement. We do require in our lease agreement that residents have renters insurance coverage while living with us.
1. ACKNOWLEDGMENTS CONCERNING LIABILITY INSURANCE. Residents' or guest's personal property and vehicles are not insured under the apartment lease agreement. We do require in our lease agreement that residents have renters insurance coverage while living with us.
A) Owner's property and liability insurance does not protect Resident or Resident's guests or invitees against loss or damage to personal property, or cover Resident's liability for loss or damage caused by the actions of Resident or Resident's guests or invitees.
B) Resident may be liable to Owner and others for loss or damage caused by the actions of Resident or Resident's guests or invitees.
C) Section 34 of Addendum #1 (Community Policy) requires Resident to maintain a renter's or liability insurance policy, which provides limits of liability in an amount not less than $100,000.
D) Liability insurance does not protect Resident against loss or damage to Resident's personal property. It is Resident's responsibility to ensure that Resident maintains renter's insurance that adequately covers Resident's personal property.
E) Owner's Management Agent has informed Resident of an insurance program that provides Resident with an opportunity to purchase renter's insurance and/or liability insurance policies from ResidentShield. If Resident has any questions regarding ResidentShield, Resident should contact ResidentShield directly by calling 1-800-566-1186 or visiting www.ResidentShield.com. Resident is under no obligation to purchase Resident's required insurance through ResidentShield. ResidentShield is not owned or operated by Owner or Owner's Management Agent. The employees of Owner and Owner's Management Agent are not licensed insurance agents.
2. EVIDENCE OF INSURANCE COVERAGE.
A) Resident is encouraged to contact ResidentSheild regarding purchasing a renter's insurance and liability insurance policy. Until such time as Resident provides the evidence of insurance described in Section 2(b) below, Resident agrees to pay an additional $13 per month to Owner in connection with Owner adding Resident as an "additional insured" to an insurance policy maintained by Owner. Resident agrees to provide any information and other cooperation needed for claims to be made under such insurance policy. Resident understands that: (i) the liability coverage provided by this insurance policy may be less extensive than a personal liability insurance policy or the liability coverage afforded to the "tenant" by a renter's insurance policy; and (ii) this insurance policy does not include any property insurance for Resident's personal property (see Section 1(d) above).
B) Prior to move-in or at any time during the Lease Term, Resident may, on a going forward basis, opt out of the additional monthly amount described in Section 2(a) by providing Owner's Management Agent with written proof that Resident has purchased renter's or liability insurance from ResidentShield or another insurance company licensed to do business in Wisconsin. Such evidence must indicate that Owner's Management Agent has been named as an "interested party" on the insurance policy so that Owner's Management Agent will receive notices of the policy's pending cancellation or actual cancellation. If during the Lease Term, Owner's Management Agent has any reason to believe that Resident's insurance has been cancelled or expired, Resident shall again be required to pay the additional monthly amount in Section 2(a) until Resident provides Owner's Management Agent with evidence of replacement insurance that satisfies the requirements of this Section 2(b).
3. SUBROGATION ALLOWED. Resident and Owner agree that subrogation is allowed by all parties.
NON STANDARD RENTAL PROVISIONS
A. CHECK-IN/CHECK-OUT FORM: Resident(s) acknowledges receipt of the combined check-in/check-out form, and agrees to complete and return the form to Owner within seven (7) days of occupancy of the leased Premises.
B. SECURITY DEPOSIT WITHHOLDING: In addition to the standard security deposit deductions allowable under ATCP 134.06, the landlord may deduct the following items from the security deposit, if not paid by Resident(s) by the end of the Lease Term.
1. Unpaid late fees as specified in this Lease and/or Community Policy; Actual, unpaid service charges, filing fees, and process service charges related to collection efforts for any past due rental account; Unpaid trash fines; Unpaid furniture fees (if applicable); Unpaid administrative fees incurred during the application and lease-signing process; Unpaid fees for checks returned from the bank not negotiated.
2. Unpaid parking rent; Unreturned parking permits, electronic garage door openers or garage access cards. Parking permits and garage door opener must be returned by noon on the last day of the lease term or the cost thereof will be deducted from the security deposit.
3. Unpaid water/sewer fees, or other usage fees for utilities or allocated services payable to Owner as contracted in the Lease, to include electricity, gas, internet, cable TV and telephone.
4. All costs related to carpet cleaning as a result of unusual damage caused by resident abuse, and all costs related to returning and all other flooring material (wood, ceramic tile, linoleum/vinyl etc.) to an "as received" or "subsequently improved" condition, normal wear and tear accepted. This may include, but is not limited to, professional cleaning to remove stains and professional repair and/or replacement of flooring due to non-removable stains, tears and deep scratches, burns or odors caused during the term of this Lease.
5. All costs related to wall repair and painting as a result of unusual damage caused by resident abuse, and all costs related to returning wall material and paint to an "as received" or "subsequently improved" condition, normal wear and tear accepted. This may include, but is not limited to, drywall damage due to holes, knicks, scrapes; paint repair and prep due to the use of adhesives that cause damage; if the paint color was changed by Resident, the costs to return the paint to the original color; and other damage beyond normal wear and tear caused during the term of the lease.
6. Cleaning, repair and repainting costs related specifically to pet damage and pet odor. Any unpaid fee for any unauthorized pets found in the Premises.
7. Unpaid fee for any unauthorized Sub-Lease. The processing fee for authorized Sub-Leases (those that use SBA Management Services forms and are signed by the Owner) will also be deducted from the security deposit if not paid at the time the Sub-Lease is signed.
8. Damage caused by failure of Resident to report or repair an on-going problem or condition within the premises (e.g. leaking plumbing that subsequently damages walls or flooring).
9. Unpaid fines for violations of health or safety codes, trash or recycling ordinances, or labor charges for trash separation and removal by SBA Management Services employees.
10. Labor charges related to after-hours non-emergency maintenance requests.
11. Cost of storing and/or disposing of personal property remaining in the apartment or on building premises after the Resident vacates. All items requiring additional disposal fees will be charged accordingly.
12. Mitigation costs allowable under Chapter 704 of the Wisconsin Statutes, including, but not limited to, advertising costs, rental commissions, sublet fees, and/or showing fees.
13. Charges for re-keying or changing locks, or replacing keys or access cards (including laundry cards) if all such keys are not returned at the end of the tenancy; unpaid charges for replacement keys and/or re-keying during the term of the tenancy, as a result of the loss of keys by Resident or other circumstances caused or created by the Resident, or as a result of a request for re-keying or keys by the Resident.
14. While the Owner does not expressly prohibit smoking within individual rental units, Resident understands that they will be held liable for the cost of the labor and materials associated with removing and remedying any smoke damage or odor, related cleaning, painting, or other damages within the unit. This liability extends to whatever work becomes necessary as a result of smoking inside the unit.
15. Repayment of any promotional offers or rental incentives/concessions extended to Resident.
16. It is agreed and understood that labor cost, per labor-hour, deducted from the security deposit, either for cleaning or repair work, will be charged at a minimum of $40 per labor-hour, whether contracted to an outside party or performed by an employee of SBA Management Services. Total labor and material costs will vary according to task; there are no fixed charges. Estimates of or receipts for charges will be provided with security deposit settlements.
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Please use this checklist to make sure you're completely informed BEFORE you sign a housing contract with us: