Mountain Crest Apartments

Student   Landlord Agreement

This contract is made and executed this ____ day of _____, 20_____ by and between KARL and ANNETTE MATTSON, owners, AKM Enterprises LLC, PO Box 220, Ashton, Idaho 83420

_____________________________________

(Name)

_____________________________________

(Street)

________________    ______________        ___________________

(State)                          (Zip Code)                   (Phone)

The landlord agrees to provide a furnished apartment with cooking facilities, heat, electricity, parking, water, garbage, phone, microwave, dishwasher, TV and cable.  Separate from the apartment, a laundry room will be provided.  All utilities are paid by the owner.  No more than six students will occupy each apartment.  Mountain Crest Apartments has been approved to house single BYU-Idaho students.

Rental Period and Payments:

Fall/Winter Apartment

Aug 31, 20__   - Apr 26, 20___

Due with Contract                                $150  Deposit

Due June 1st                                         $450  First Payment

Due July 1st                                          $550  Second Payment

Due August 1st                                     $500  Third Payment

Total Rent & Deposit                            $1650

All rent installments are to be mailed to:  Karl Mattson, PO Box 220, Ashton, Idaho 83420.  Landlord may terminate contract if above payment dates are not honored.  To be able to stay in apartment before or after contract dates, approval must be received by the owners.   A fee of $10.00 per day will be charged before and after contract period and MUST BE PAID IN FULL upon arrival.

Cancellations:

A fee of $40.00 is charged.  If a cancellation occurs less than one month before the starting contract date, the student is responsible for the full amount of the contract.  Exceptions would be if the owner or the student (with the approval of the owner) finds a replacement, then the amount the student has paid less the $40.00 will be refunded.

Early School Termination:

If the student terminates before the period for which this agreement has been executed, the landlord shall be entitled to the remaining balance of the rent stipulated in the agreement.  Exception to this rule:

(a)        If the student sells their contract to another student (with the approval of the owner) not already living in the complex.  The landlord does reserve the right to reject any replacement party the landlord deems undesirable.  A $25 fee will be charged for paperwork and time.

(b)        If landlord finds a replacement for the student, then a fee of $40.00 is charged.

Security Deposit:

            The student has paid $150.00 to the landlord to be used as a Security Deposit.  Charges against the Security Deposit may be made for the following reasons:

(a)        Defray expenses for damages over and above normal wear and tear; such as damaged windows or screens, nails or holes in walls or doors, damaged or missing chairs and other furniture, or damage to floors and carpeting.

(b)        Cleaning expenses if the apartment is not left clean and rentable in accordance with the “Mountain Crest Cleaning and Checkout list.”

(c)        If vacancy results from the students early termination, all deposits and rents will be forfeited as    liquidated damages.

Housing Arbitration Board:

In the event the landlord and the BYU Idaho student tenant fail to agree concerning the construction or application of any of the terms, provisions, or conditions of this agreement, and after mediation by the BYU Idaho Housing Office, either party may present the controversy to the BYU Idaho Housing Arbitration Board for arbitration.  The party submitting the issue to the Housing Arbitration Board shall commence the action by serving a written request for arbitration with the BYU Idaho Housing Office and upon the other party.

            The policies and procedures governing arbitration are contained in the ABYU Idaho Off Campus Housing Guidebook,” a copy of which is located at the BYU Idaho Housing Office, and the terms of which are incorporated by reference to this lease agreement and become a part of it.  Awards made in arbitration may be confirmed by a court of law and enforced in the same manner as any other judgment or decree.  Students who fail to satisfy any judgment of the BYU Idaho Housing Arbitration Board shall be prevented from registering for school and/or a hold shall be placed on their grade transcripts until compliance with the judgment of the BYU Idaho Housing Arbitration Board. BYU Idaho may withdraw its approval of the apartment complex for student occupancy.

            If neither party requests arbitration, or the Arbitration Board refuses to hear the dispute, the parties shall be free to pursue their civil remedies through a court of competent jurisdiction, and the non prevailing party shall pay the cost of litigation and such amounting for attorneys fees as the court may deem reasonable.

Student Conduct:

Both parties agree to abide by all BYU Idaho Off Campus Housing Guidelines and Policies, as well as the Honor Code.  Both parties to this contract agree that in their respective roles as student and landlord, they will make a reasonable effort to maintain the rental unit in a safe and sanitary condition, to protect the facility other than normal wear and tear and to respect the peace and privacy of the other tenants.  The landlord reserves the right to evict any student who continually refuses to keep clean their share in the unit or is unduly rowdy or obnoxious.  Rents will be forfeited unless a replacement is found.

General Provisions:

(a)        The landlord has the right to enter the property to make repairs, to inspect for damage, to show the property to prospective purchasers, and to show the property to prospective tenants as long as such entry is at a reasonable time and is done in a reasonable manner.  The landlord can also enter if the tenant is in default in the rent and has been absent from the premises for a considerable period of time.

(b)        We have limited short-term storage for students staying at Mountain Crest.  The owners will not be responsible for anything stored in the storage rooms.  Anything left for longer than one year will be disposed of.

(c)        There is one vehicle allowed for each student.  No extra vehicles, motorbikes, trailers, etc.

(d)        Bring personal calling cards for long distant calls.

(e)        Guns, BB guns, paint ball guns, firecrackers or flammable materials are not allowed.

(f)         Absolutely no bicycles or motorcycles can be housed inside apartments.

(g)        Bring your own twin bedding, kitchen utensils, pans, plates and shower curtains.

(h)        No pets of any kind allowed.

(i)         Deposit of $3.00 is charged for key.  When key is returned the deposit will be refunded.  $5.00 replacement fee for mail key.

(j)         There will be a $40 cleaning charge for any student who fails to do his or her share of the cleaning after each semester or term.

(k)        Make sure a receipt is received for any payments made, especially cash.

(l)         Each student is responsible for insuring his or her own property.

(m)       Overnight guests are discouraged but if they come they must be checked in with the managers.  A $10.00 fee per night must be paid before they will be allowed to stay.  No more than two nights.

Dated the day and year above written, I have read, understand and agree to the terms and conditions of this rental agreement.  In the event of conflict between any oral agreement and the terms of this written contract, the latter shall govern.

Student  ________________________________       

Landlord ___________________________________

Certification of Student Status:

I hereby certify that I am a “student” and I am eligible to rent and reside in BYU Idaho approved off campus housing.  I am a full or part time student of BYU Idaho, enrolled in daytime or evening classes or I have been enrolled as a student within the last year or I am an applicant for enrollment within the next year.  I further certify that I have never been evicted or had my tenancy terminated from BYU Idaho approved housing for violation of the BYU Idaho Honor Code of the BYU Idaho Apartment Living Standards nor have I been dismissed, suspended, nor have I withdrawn (in lieu of being suspended or dismissed) from BYU Idaho Apartment Living Standards, and the gender separation policy.   I recognize and understand that my declaration of status as a student is material to and relied upon by the landlord in entering into this rental agreement and any misrepresentation found herein is a ground for immediate termination of this rental agreement and such other legal and equitable remedies as the landlord may pursue.

Student Signature:  _______________________________

Apartment Living Standard Statement:

I agree to comply with, and acknowledge the landlords and my responsibility to maintain the BYU Idaho Apartment Living Standards as listed below and help other students maintain the same.  Violation of these standards by the student shall be sufficient cause for eviction:

(a)        Guests of the Opposite Sex   Visitors of the opposite sex are permitted in living rooms and kitchens, but not in the bedrooms in on or off campus living units. The use of bathroom areas by members of the opposite sex is not appropriate unless emergency or civility dictate otherwise and then only if the safety, privacy, and sensitivity of other residents are not jeopardized.  Visiting hours extend from 2 p.m. until 10 p.m. Monday through Thursday, from 2 p.m. until midnight on Friday, from noon until midnight on Saturday, and after church until 10 p.m. on Sunday.

(b)        Conduct   All students shall be required to conduct themselves in a manner consistent with the principles of The Church of Jesus Christ of Latter day Saints and the BYU Idaho Honor Code.  Furthermore, all students living in University approved housing are required to abstain from possessing, serving or consuming alcoholic beverages, tobacco, tea, coffee, and harmful drugs.  Involvement with gambling; pornographic, erotic or indecent materials (including inappropriate Internet sites); disorderly, obscene of indecent conduct of expressions; or with other offensive materials, expressions or conduct of disruption of the peace which, in the sole discretion and judgment of the University, is inconsistent with the principles of the Church and the BYU Idaho Honor Code is not permitted in student housing.  All guests of students must comply while on the premises of University approved housing.

(c)        Dress and Grooming Standards   All students of University approved housing are required to know the BYU Idaho dress and grooming standards and abide by them.

(d)        Maintaining the Standards   Students are expected to help their guests and other residents understand and fulfill their responsibility under the BYU Idaho Apartment Living Standards and the BYU Living Honor Code.

Student Signature:  _____________________________