Elon University: Residence Life Apartment Lease Agreement (Page 2 of 2) in pdf

this Agreement or (ii) terminate Tenant’s right to possession of the

Agreement shall, to the maximum extent of the law, release, indemnify,

hold harmless and forever discharge the University and its agents and

Apartment without terminating this Agreement. Regardless of whether the

University terminates this Agreement or only terminates Tenant’s right of

employees, for any and all liability, claims, demands, action and causes of

action whatsoever arising out of or related to any loss, theft, property

possession without terminating this Agreement, the University shall be

immediately entitled to possession of Tenant’s Room and Tenant shall

damage or personal injury, including death, whether such losses occur in

Tenant’s Room, the Apartment, or elsewhere in or around the Premises.

peacefully surrender possession of Tenant’s Room to the University

immediately upon the University’s demand. In the event the University

III. Termination Policies

terminates this Agreement, all of Tenant’s rights and the University’s

Termination by Tenant: Except as provided below, Tenant may not

terminate this Agreement.

duties hereunder shall terminate and the University shall be entitled to

a. This Agreement may be terminated without penalty prior to the

collect from Tenant all unpaid Rent for the Agreement Term and any

damages resulting from Tenant’s breach.

In the event the University

Expiration Date only for the following reasons: withdrawal (medical and

terminates Tenant’s right of possession without terminating this

academic), transfer, graduation, or circumstances that are determined by

the University, in the University’s sole discretion, to be beyond Tenant’s

Agreement, Tenant shall remain liable for the full performance of all the

control (each, an “Authorized Reason”). If Tenant remains an enrolled

covenants hereof. In the event the University institutes a legal action

student and wishes to terminate this Agreement for a reason other than

against Tenant to enforce this Agreement or to recover any sums due

hereunder, Tenant agrees to pay the University’s reasonable attorney’s fees

an Authorized Reason, Tenant must secure another student (meeting

certain criteria and roommate approval) to fill the vacancy left by the

in addition to all other damages.

University’s Default, Limitation of Remedies and Damages: Until

termination.

If Tenant fails to secure a replacement tenant, the

University reserves the right to hold Tenant liable for Rent for the

Tenant notifies the University in writing of an alleged default and affords

remainder of the Agreement Term. In any event, Tenant shall pay Rent

the University a reasonable time within which to resolve the default, no

for the month immediately following the month in which Tenant

default by the University in the performance of any of the obligations

terminates this Agreement.

herein agreed to by it or imposed upon it by law shall constitute a material

b. Tenant must provide documentary evidence to demonstrate cause for

breach of this Agreement and Tenant shall have no right to terminate this

termination and complete a Housing Cancellation Form available at the

Agreement for any such default or suspend his/her performance hereunder.

Residence Life Office in Moseley 213. If Tenant wishes to terminate this

In any legal action instituted by Tenant against the University, whether for

Agreement for reasons of withdrawal or transfer, Tenant must also

partial or material breach or breaches of this Agreement or any obligation

complete paperwork available in the Office of Student Development in

imposed by law upon the University, unless such breach or breaches shall

Moseley 206.

constitute willful or wanton negligence on the part of the University,

Tenant’s damages shall be limited to the difference, if any, between Rent

c. Termination of lease if enrolled and termination is not for an Authorized

Reason:

reserved in this Agreement and the reasonable rental value of the

Apartment. The University’s breach or breaches will be taken into account,

i. More than 31 days prior to Commencement Date:

$200 housing

and in no event, except in the case of the University’s willful or wanton

reservation fee refunded

ii. Between 1 and 31 days prior to Commencement Date: $0 housing

negligence, shall Tenant collect any consequential or secondary damages

reservation fee refunded

resulting from the breach or breaches, including, but not limited to, the

iii. On or after Commencement Date: $0 housing reservation fee

following items: damage or destruction of furniture or other personal

refunded plus $200 late cancellation fee assessed

property of any kind located in or about the Premises, moving expenses,

d. In the event that any of Tenant’s Roommates terminate his/her rental

storage expenses, alternative interim housing expenses, and expenses of

agreement with the University, the University reserves the right to

locating and procuring alternative housing.

increase Rent proportionally among Tenant and the remaining

V. Miscellaneous

Roommates. Tenant and the remaining Roommates shall have 30 days

Entire Agreement: All University rules, regulations, policies and

after the termination of the rental agreement to secure a replacement

procedures (including those found in the Student Handbook and the

tenant before any such increase in the Rent takes effect. The University

Residential Policies) are incorporated herein and are part of this

reserves the right, but is not obligated, to fill the vacant space at any

Agreement. No modification of this Agreement will be enforceable unless

time or consolidate students into apartments if necessary.

reduced to writing and signed by Tenant and the Director of Residence Life

Initial Here ___________

and/or his/her designee.

e. This Agreement may not be terminated prior to the end of the Expiration

Waiver: No waiver of any breach of any obligation or promise contained

Date for reason of studying abroad or internship (if receiving Elon

herein shall be regarded as a waiver of any future breach of the same or any

credit), whether optional or mandatory, unless Tenant secures another

other obligation or promise contained herein.

student (meeting certain criteria and roommate approval) to fill the

Amendment of Laws: In the event that subsequent to the execution of this

vacant spot. If Tenant is unable to fill his/her vacant spot, s/he will be

Agreement any state statute regulating or affecting any duty or obligation

liable for Rent during his/her time away.

imposed upon the University pursuant to this Agreement is enacted,

Termination by the University:

amended, or repealed, the University may, at its option, elect to perform in

a. Upon reasonable notice and for good cause, the University reserves the

accordance with such statute, amendment, or act of repeal in lieu of

right to terminate this Agreement at any time. Examples of good cause

complying with the analogous provision of this Agreement.

include, but are not limited to: (1) Tenant’s failure to pay required

Dispute Resolution: Any disputes arising under this Agreement shall first

charges by announced deadlines; (2) Tenant’s change in student status,

be addressed to Residence Life. Any appeals to decisions therefrom shall

such as taking less than 12 credit hours per semester, or academic or

be resolved through the Office of the Assistant Vice President for Student

disciplinary suspension; (3) Tenant’s failure to comply with state or

Life. These procedures shall be followed prior to Tenant instituting any

federal laws, apartment policies and regulations, or rules and regulations

other legal proceedings.

adopted by the University; (4) Tenant abandoning the Apartment; and

Severability: The invalidity of one or more provisions in this Agreement

(5) Sanction of Tenant because of an Honor Code violation.

shall not affect the validity of any other provision hereof, and the

b. If the University terminates this Agreement, Tenant shall be held

Agreement shall be construed and enforced as if such invalid provision(s)

responsible for Rent for the remainder of the Agreement Term.

were not included.

Eminent Domain and Casualties: The University shall have the option to

terminate this Agreement if the Premises, or any part thereof, are

condemned or sold in lieu of condemnation or damages by fire or other

Effective as of the

day of

, 20

casualty.

By:

Title:

IV. Default

Tenant’s Default: In the event Tenant shall: (a) fail to pay Rent when it

TENANT

shall become due hereunder; or (b) fail to perform any other promise, duty

Print Name:

or obligation herein agreed to by him/her or imposed upon him/her by law

and such failure shall continue for a period for five (5) days from the date

Student ID:

the University provides Tenant with written notice of such failure, then in

either of such events and as often as either of them may occur, the

Signature:

Signature of Student or Parent/Legal Guardian (if Tenant is under 18

University, in addition to all other rights and remedies provided by law,

years of age)

may at its option and with or without notice to Tenant, either (i) terminate

Elon University: Residence Life Apartment Lease Agreement Page 2

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