STUDENT HOUSING AGREEMENT
727 SOUTH CROUSE APARTMENT COMPLEX
GENERAL AGREEMENT INFORMATION
1. PARTIES. This Agreement is between you, the occupant, and the owner: Syracuse University. The terms “you” and “your” refer to the resident [or student approved as an occupant] and person(s) authorized to act on behalf of the resident. The term “co-occupant” refers to a resident who is occupying another bedroom in the same apartment as the occupant under a separate Agreement with the owner.
2. APARTMENT. By signing this agreement, you agree to commit to occupancy for a bedroom in the owner assigned Apartment for use as a private residence only. The “Apartment” is located at 727 South Crouse Avenue, Syracuse, New York, 13210.
- Exclusive Use Areas and Joint Use Areas. The owner may not assign an occupant to share a bedroom with you. All areas outside the bedroom in multi-person apartments (e.g., the Apartment mailbox, living room, hallways, kitchen, and bathroom(s) will be “Joint Use Areas”, shared with other co-occupants.
- Assignments. You will be notified of your Apartment, bedroom, or bathroom assignment at or before the move-in date of this agreement. You agree to the terms of this Agreement in advance of Apartment assignment should Apartment assignment follow signature of this Agreement.
- Relocation. Apartment relocation requests will be considered on a case-to-case basis. The owner reserves the right to honor such relocation requests to the extent practical.
- Owner’s Discretion to Relocate. We reserve the right at any time, upon five (5) days prior written notice to the occupant without penalty of the transfer fee, to relocate you to another bedroom in the Apartment or to another Apartment within the Apartment community. We will assist you in moving your personal property and pay for rekeying if the owner requires you to relocate.
- Occupant’s Request to Relocate. You may change bedrooms with another occupant in your assigned Apartment upon owner approval. Requests to relocate:
- Prior to move-in will be considered, if (1) both occupants have signed the agreement; (2) the owner receives a joint mutual request prior to move-in from you and the other occupant in your assigned Apartment to exchange bedrooms with all occupants approving of the request; and (3) you comply with any procedures and documentation required by the owner.
- After move-in will be considered, upon following the process for requesting relocation outlined above (a); and payment of a $200 transfer fee prior to relocation is received by the owner.
- Unauthorized bedroom transfers between co-occupants are not permitted. Occupants of unauthorized transfers will be charged the $200 transfer fee and may be found in violation of this Agreement.
- Owner’s Discretion to Relocate. We reserve the right at any time, upon five (5) days prior written notice to the occupant without penalty of the transfer fee, to relocate you to another bedroom in the Apartment or to another Apartment within the Apartment community. We will assist you in moving your personal property and pay for rekeying if the owner requires you to relocate.
3. OCCUPANCY AND USE. You shall use the apartment for living purposes only. The bedroom will be occupied only by you. Other than authorized occupants, no one else may occupy the Apartment. Unauthorized persons must not stay for more than three (3) consecutive days without our prior written consent, and no more than twice that many days in any one month.
- Guests. You are responsible for the conduct of your guests, invitees, family members, and any other person that you allow to enter the property or Apartment, as if such conduct were your own. If any such person acts in a manner which violates the Agreement, such conduct shall also constitute a violation of the Agreement by you, whether or not you were present. In the event of a disturbance in the Apartment, all occupants of the Apartment may be deemed responsible for such an Agreement violation regardless of whether we are able to establish that such disturbance was caused by the guest of any specific occupant(s). You are responsible for ensuring that any such violation does not occur at any time. In the event we receive any complaints of unreasonable disturbances in the Apartment, you agree that we may limit the number of guests that may enter the Apartment at any one time.
- Disclaimer. You have elected to enter into an Agreement to occupy a portion of the Apartment only, and understand that other individuals, selected by us in our sole discretion, will be co-residing in the Apartment with you. You understand that we are solely providing you with the right to occupy the Apartment and do not make any representations as to the identity, background, or suitability of any co-occupant. As you will not be responsible for the financial obligations of any co-occupant, you understand that we are under no obligation to perform any screening of co-occupants for any credit, prior occupant history, criminal background, or otherwise. In the event that any issues or disputes arise between you and any co-occupant(s), it will be your responsibility to resolve such issues directly with the other co-occupant(s) in a reasonable and Agreement compliant manner. In no event will we be responsible for intervening in such disputes unless, in our sole discretion, we determine that the behavior of such co-occupant constitutes a material violation of the Agreement, and, in such event, you understand that our sole obligation will be to commence any activities or actions necessary to remove such a person. You understand that during the pendency of such an action to recover possession, it may not be possible to bar the co-occupant from the Apartment. While we will endeavor to transfer occupants as provided herein, we are under no obligation to do so, and the failure to relocate you will not release you from your obligations as provided in the Agreement.
4. AGREEMENT TERM. The term of the Agreement begins on the 15th day of August 2023 and ends at noon on the 30th day of June 2024.
5. INDIVIDUAL LIABILITY FOR LATE CHARGES AND DAMAGES. You are individually responsible and liable for late fees on your share of the Housing Fee, other obligations, and damage to the Apartment which we determine (in our sole discretion) was caused by you. Except as otherwise set forth herein, you are not responsible or liable for any of your co-occupant’s obligations as to their bedrooms and their Housing Fee payable to us.
6. JOINT AND SEVERAL (FULL) RESPONSIBILITY FOR OTHER AMOUNTS DUE. Each occupant of an Apartment is jointly and severally liable with the other co-occupants of the Apartment for all Agreement Obligations relating to Joint Use Areas and utilities (if applicable). Responsibility for damage to the Apartment that we do not determine (in our sole discretion) was caused by a specific occupant, and other amounts due under the Agreement, will be joint and several (meaning that the occupants will each be fully responsible for 100% of these amounts).
7. KEYS. You will be provided one (1) bedroom key(s) and one (1) apartment keyfob(s), for access to the building and amenities at no additional cost at move-in. If the key, keyfob, or other access device is lost or becomes damaged during your tenancy or is not returned or is returned damaged when you move out, you will be responsible for the costs for the replacement and/or repair of the same. The charges for lost or replacement keys are $75 for keyfob, $25 for any remaining keys. Any occupant or spouse who is under court order to not enter the apartment is (at our option) no longer entitled to occupancy, keys, or other access devices.
8. FURNITURE. Your apartment will be furnished and will also include all appliances, furniture, and fixtures that we provide to you in your bedroom (multi-bedroom unit) and Joint Use areas (“Personal Property”). The appliances and furniture are described in the Inventory/Move-In Move-Out form.
9. HOUSING FEES AND CHARGES. Your total Housing Fee for the Agreement term is based on your assigned apartment type using the following rate schedule:
- 4-Bedroom Apartment – $18,700 per full term / $1,700 per month
- 2-Bedroom Apartment – $18,700 per full term / $1, 700 per month
- Studio Apartment – $20,350 per full term / $1,850 per month
- 1-Bedroom Apartment – $22,000 per full term / $2,000 per month
The Housing Fee is payable in advance, without demand, in 11 installments. The first and final month installments are due on August 1, 2023. All remaining installments will be due on or before the first day of each month beginning September 2023. You will pay your Housing Fee on the online payment portal or at the on-site manager’s office.
- Additional Charges. The stated Housing Fee amount is owed by you and is not the total Housing Fee owed by all co-occupants. You must pay your monthly Housing Fee installments on or before the 1st day of each month (due date) with no grace period. Cash is unacceptable without our prior written permission. You must not withhold or offset the Housing Fee unless authorized by statute. We may, at our option, require at any time that you pay all fees and other sums in cash, certified or cashier’s check, money order, or one monthly check rather than multiple checks. At our discretion, we may convert any and all checks via the Automated Clearing House (ACH) system for the purposes of collecting payment. The Housing Fee is not considered accepted if the payment/ACH is rejected, does not clear, or is stopped for any reason. If you don’t pay all Housing Fees on or before the fifth (5th) day of the month, you’ll pay a late charge of $50. Your late charge will be capped at the lesser of five percent (5%) of the monthly Housing Fee or $50.00. You’ll also pay a charge of $40 for each returned check or rejected electronic payment, (“NSF charges”), plus the late charge. If you don’t pay the Housing Fee on time, you’ll be delinquent and all remedies under this Agreement will be authorized. We’ll also have all other remedies for such violation. The late charge is a cost to you to reimburse us for the time our staff will expend in bookkeeping, notices and late charges incurred on our obligations, etc. and not as a penalty. Late charges are to be considered additional Housing Fees and not interest or a penalty. All charges under the Agreement, including but not limited to late charges, NSF charges, damage charges, and attorney’s fees, shall be considered additional Housing Fees and we shall have the same remedies as we have for the non-payment of Housing Fees. In the event additional municipal taxes or fees are assessed, current or not yet enacted, then we retain the right to charge you all such sums, to the extent authorized by applicable law.
10. UTILITIES. The owner will pay for water, gas, electricity, wastewater, and trash.
11. INSURANCE. We do not maintain insurance to cover your personal property or personal injury. We are not responsible to any occupant or guest for damage or loss of personal property or personal injury from (including but not limited to) fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, hurricane, negligence of other occupants, or invited/uninvited guests or vandalism unless otherwise required by Law. You are encouraged to purchase your own insurance.
12. SPECIAL PROVISIONS. The following special provisions and any addenda or written rules furnished to you at or before signing will become a part of this Agreement and will supersede any conflicting provisions of this printed Agreement form.
13. EARLY MOVE-OUT. You will be liable to us for a charge of 100% of the highest monthly Housing Fee during the Agreement term if you:
- (a)move out without paying any fees due; (b) move out at our demand because of your default; or (c) are judicially evicted (if applicable).
- This charge is not a cancellation fee and does not release you from your obligations under this Agreement.
- Not a Release. The early move-out charge is not a cancellation fee or buyout fee. It is an agreed-to liquidated amount covering only part of our damages, that is, our time, effort, and expense in finding and processing a replacement occupant. These damages are uncertain and difficult to ascertain – particularly those relating to inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking prospects, office overhead, marketing costs, and locator-service fees. You agree that the charge is a reasonable estimate of such damages and that the charge is due whether or not our attempts to find another occupant succeed. If no amount is stipulated, you must pay our actual costs so far as they can be determined. The charge does not release you from continued liability for future or past-due Housing Fees and other fees due and owing; charges for cleaning, repairing, repainting, or unreturned keys; or other sums due.
14. REIMBURSEMENT. You must promptly reimburse us for loss, damage, government fines, or cost of repairs or service in the apartment community due to a violation of the Agreement or rules, improper use, or negligence or willful acts or omissions by you or your guests or occupants. Unless the damage or wastewater stoppage is due to our negligence, we’re not liable for – and you must pay for – repairs. replacement costs, and damage to the following that result from your or your invitees, guests, or occupants’ negligence or intentional acts: (1) damage to doors, windows, or screens; (2) damage from windows or doors left open; and (3) damage from wastewater stoppages caused by improper objects in wastewater lines exclusively serving your apartment. We may require payment at any time, including advance payment of repairs for which you’re liable. Delay in demanding sums you owe is not a waiver. All said sums shall be considered a portion of the Housing Fee.
15. DELAY OF OCCUPANCY. If occupancy is or will be delayed for construction, repairs, cleaning, or a previous occupant’s holding over, we’re not responsible for the delay. The Agreement will remain in force subject to: (1) abatement of the Housing Fee on a daily basis during delay; and (2) your right to terminate as set forth below. Termination notice must be in writing. After termination, you are entitled only to any pre-paid fees. Abatement or termination does not apply if delay is for cleaning or repairs that don’t prevent you from occupying the Apartment. If there is a delay and we haven’t given notice of delay as set forth immediately below, you may terminate up to the date when the Apartment is ready for occupancy, but not later. If we give you written notice after the initial term as set forth in paragraph 4 – and the notice states that occupancy has been delayed because of construction or a previous occupant’s holding over, and that the Apartment will be ready on a specific date – you may terminate the Agreement within three (3) days of receiving the notice, but not later. If we give written notice to you before the initial term as set forth in paragraph 4 and the notice states that construction delay is expected and that the apartment will be ready for you to occupy on a specific date, you may terminate the Agreement within seven (7) days after you receive such written notice, but not later. The readiness date is considered the commencement date of the new initial term as set forth in paragraph 4 for all purposes. This new date may not be moved to an earlier date unless we and you agree. To the extent deemed applicable, this paragraph shall be deemed to be “an express provision to the contrary” as provided in New York State Real Property Law (“RPL”) Section 223-a.
16. AD VALOREM TAXES/FEES AND CHARGES – ADDITIONAL FEES. Unless otherwise prohibited by law, if, during the term of this Agreement, any locality, city, state, or Federal Government imposes upon Us, any fee, charge, or tax, which is related to or charged by the number of occupants, or by the apartment unit itself, such that we are charged a fee, charge, or tax, based upon your use or occupancy of the Apartment, we may add this charge as part of the Housing Fee, during the term of the Agreement, with thirty (30) days advance written notice to you. After this written notice (the amount or approximate amount of the charge, will be included), you agree to pay, as part of the Housing Fee, the amount of the charge, tax or fee imposed upon us, as a result of your occupancy. As examples, these charges can include, but are not limited to: any charges we receive for any zoning violation, sound, noise or litter charge; any charge under any nuisance or chronic nuisance type statute, 911 or other life safety, per person, or per unit charge or tax and any utility bill unpaid by you, which is then assessed to us for payment.
GENERAL APARTMENT COMPLEX CODE OF CONDUCT
17. COMMUNITY POLICIES OR RULES. You and all guests and occupants must comply with any written apartment rules and community policies, including instructions for care of our property. Our rules are considered part of this Agreement. We may make reasonable changes to written rules, effective immediately, if they are distributed and applicable to all units in the apartment community and do not change dollar amounts on page 1 of this Agreement.
18. LIMITATIONS ON CONDUCT. The apartment and other areas reserved for your private use must be kept clean and free of trash, garbage, and other debris. Trash must be disposed of at least weekly in appropriate receptacles in accordance with local ordinances. Passageways may be used only for entry or exit. You agree to keep all passageways and common areas free of obstructions such as trash, storage items, and all forms of personal property. No person shall ride or allow bikes, skateboards, or other similar objects in the passageways. Any Joint Use Areas must be used with care in accordance with Apartment rules and posted signs. Glass containers are prohibited in all common areas. You, your occupants, or guests may not anywhere in the apartment community: use candles, kerosene lamps, or kerosene heaters; cook outside; solicit business or contributions. Unless permitted by law conducting any kind of business in your Apartment or in the apartment community is prohibited. You are responsible for the actions and behavior of your guests and the violation of the rules and regulations by your guests is attributable to you and you will be considered in violation of the terms and conditions of this Agreement. We may regulate: (1) the conduct of furniture movers and delivery persons; and (2) recreational activities in Joint Use areas. You’ll be liable to us for damage caused by you or any guests or occupants. You may not permit any window in the Apartment to be cleaned from the outside in violation of Section 202 of the NYS Labor Law.
We may exclude from the apartment community guests or others who, in our judgment, have been violating the law, violating this Agreement or any apartment rules, or disturbing other occupants, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area a person who refuses to show photo identification or refuses to identify himself or herself as an occupant, or guest of a specific occupant in the community. You agree to notify us if you or any occupants are convicted of any crime involving a controlled substance, violence to another person or destruction of property. You also agree to notify us if you or any occupant registers as a sex offender in any state. Informing us of criminal convictions or sex offender registry does not waive our right to evict you.
19. PROHIBITED CONDUCT. You, your occupants or guests, or the guests of any occupants. may not engage in the following activities: behaving in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health, safety, or convenience of others (including our agents and employees) in or near the apartment community; disrupting our business operations; manufacturing, delivering, possessing with intent to deliver, or otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others; storing anything in closets having gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; or injuring our reputation by making bad faith allegations against us to others.
You may not engage in a persistent and continuing course of conduct evidencing an unreasonable or unlawful use of the property to the annoyance, inconvenience, discomfort or damage of others, the primary purpose of which is intended to harass the owner or other occupants or occupants of the property or adjacent property by interfering substantially with their comfort or safety.
20. PARKING. Parking is subject to all procedures and policies of the Syracuse University Parking and Transportation Services Department.
21. MILITARY PERSONNEL CLAUSE. All parties to this Agreement Contract agree to comply with any federal law, including, but not limited to the Service Member’s Civil Relief Act, or any applicable state law(s), if you are seeking to terminate this Agreement Contract and/or subsequent renewals and/or Agreement Contract extensions under the rights granted by such laws.
22. OCCUPANT SAFETY AND PROPERTY LOSS. You and all occupants and guests must exercise due care for your own and others’ safety and security, especially in the use of smoke detectors, carbon monoxide detectors, keyed deadbolt locks, keyless bolting devices, window latches, and access control devices.
- Smoke and Carbon Monoxide Detectors. We’ll furnish smoke and carbon monoxide detectors as required by statute, and we’ll test them and provide working batteries when you first take possession. After that, you must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. You must immediately report smoke detector or carbon monoxide detector malfunctions to us. Neither you nor others may disable the smoke detectors nor the carbon monoxide detectors. If you damage or disable the smoke detector or the carbon monoxide detector or remove a battery without replacing it with a working battery, you may be liable to us for $100 plus one month’s Housing Fee, actual damages, and attorney’s fees. If you disable or damage the smoke detector or the carbon monoxide detector or fail to replace a dead battery or report malfunctions to us, you will be liable to us and others for any loss, damage, or fines from fire, smoke, or water.
- Casualty Loss. We’re not liable to any occupant, guest, or occupant for personal injury or damage or loss of personal property from any cause, including but not limited to fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, or vandalism unless otherwise required by law. We have no duty to remove any ice, sleet, or snow but may remove any amount with or without notice, except as otherwise provided by law. During freezing weather, you must ensure that the temperature in the apartment is sufficient to make sure that the pipes do not freeze (the appropriate temperature will depend upon weather conditions and the size and layout of your unit). If the pipes freeze or any other damage is caused by your failure to properly maintain the heat in your apartment, you’ll be liable for damage to our and other’s property. If you ask our representatives to perform services not contemplated in this Agreement, you will indemnify us and hold us harmless from all liability for those services.
- Crime or Emergency. Dial 911 or immediately call local medical emergency, fire, or police personnel in case of accident, fire, smoke, or suspected criminal activity, or other emergency involving imminent harm. You should then contact our representative. We’re not obliged to furnish security personnel, security lighting, security gates or fences, or other forms of security. If we provide any access control devices or security measures upon the property, they are not a guarantee to prevent crime or to reduce the risk of crime on the property. You agree that no access control or security measures can eliminate all crime and that you will not rely upon any provided access control or security measures as a warranty or guarantee of any kind. We disclaim any express or implied warranties of security. We’re not responsible for obtaining criminal-history checks on any occupants, occupants, guests, or contractors in the apartment community. If you or any occupant or guest is affected by a crime, you must make a written report to our representative and to the appropriate local law-enforcement agency. You also must furnish us with the law-enforcement agency’s incident report number upon request.
- Fire and Casualty.
- If the Apartment becomes unusable, in part or totally, because of fire, accident or other casualty, this Agreement will continue unless ended by the owner under (c) below or by you under (d) below. But the Housing Fee will be reduced immediately. This reduction will be based upon the part of the Apartment which is unusable.
- Owner will repair and restore the Apartment, unless the owner decides to take actions described in paragraph (c) below.
- After a fire, accident or other casualty in the building, the owner may decide to tear down the building or to substantially rebuild it. In such case, the owner need not restore the Apartment but may end this Agreement. Owner may do this whether or not the Apartment has been damaged, by giving you written notice of this decision within thirty (30) days after the date when the damage occurred. If the Apartment is usable when the owner gives you such notice, this Agreement will end sixty (60) days from the last day of the calendar month in which you were given the notice and if the apartment is not usable, this agreement shall end ten (10) days after you are given such notice.
- If the Apartment is completely unusable because of fire, accident or other casualty and it is not repaired in thirty (30) days, you may give the owner written notice that you end the Agreement. If you give that notice, this Agreement is considered ended on the day that the fire, accident or casualty occurred. Owner will refund the pro-rate the portion of Housing Fee paid for the month in which the casualty happened.
- Unless prohibited by the applicable insurance policies, to the extent that such insurance is collected, you and the owner release and waive all right of recovery against the other or anyone claiming through or under each by way subrogation.
- To the extent deemed applicable, this paragraph replaces the provision of Real Property Law §227 and shall be deemed an express agreement to the contrary as contemplated therein.
23. CONDITION OF THE PREMISES AND ALTERATIONS. You accept the apartment, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. You’ll be given an Inventory and Condition form on or before move-in. You must note on the form all defects or damage and return it to our representative. Otherwise, everything will be considered to be in a clean, safe, and good working condition. You must use customary diligence in maintaining the apartment and not damaging or littering the common areas. Unless authorized by statute or by us in writing, you must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property. No holes or stickers are allowed inside or outside the Apartment. But we’ll permit a reasonable number of small nail holes for hanging pictures on sheetrock walls and in grooves of wood-paneled walls, unless our rules state otherwise. No water furniture, washing machines, additional phone or TV-cable outlets, alarm systems, or lock changes, additions, or rekeying is permitted unless statutorily allowed or we’ve consented in writing. You agree not to alter, damage, or remove our property, including alarm systems, smoke or carbon monoxide detectors, furniture, telephone and cable TV wiring, screens, locks, and access control devices, nor to construct any additional non-structural walls, or make any changes to existing non-structural walls, in the Apartment. When you move in, we’ll supply light bulbs for fixtures we furnish, including exterior fixtures operated from inside the Apartment. Your improvements to the Apartment (whether or not we consent) become ours at our option.
24. REQUESTS, REPAIRS, AND MALFUNCTIONS. If you need to send a notice or request to us – for example, for repairs, services, or security-related matters it must be submitted by contacting 315.443.1234 except in case of emergency, in which case dial 911.
Our complying with or responding to any oral request regarding security or non-security matters doesn’t waive the strict requirement for written notices under this Agreement. You must promptly notify us in writing of water leaks; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions that pose a hazard to property, health, or safety. We may change or install utility lines or equipment serving the Apartment. We may turn off equipment and interrupt utilities as needed to avoid property damage or to perform work. If utilities malfunction or are damaged by fire, water. or similar cause, you must notify our representative immediately. Air conditioning problems are not emergencies. If air conditioning or other equipment malfunctions. you must notify our representative as soon as possible on a business day. We’ll act with customary diligence to make repairs and reconnections. The Housing Fee will not abate in whole or in part except as required by law.
25. ANIMALS. Unless otherwise provided under federal, state, or local law, no animals (including mammals, reptiles, birds, fish, rodents, and insects) are allowed, even temporarily, anywhere in the Apartment or Apartment Community unless we’ve so authorized in writing. You must remove an illegal or unauthorized animal within 24 hours of notice from us, or you will be considered in default of this Agreement Contract. If we allow an animal as a pet, you must execute a separate animal addendum which may require additional fees or other charges. We will authorize an assistance animal for a disabled person, including for emotional support. When allowed by applicable laws, before we authorize an assistance animal, if the disability is not readily apparent, we may require a written statement from a qualified professional verifying the disability-related need for the assistance animal. If we authorize an assistance animal, we may require you to execute a separate animal and/or assistance animal addendum. Animal-related additional fees or other charges will not be required for an assistance animal needed due to disability, including an emotional support or service animal, as authorized under federal, state, or local law. You must not feed stray or wild animals. If you or any guest or occupant violates animal restrictions (with or without your knowledge), you’ll be subject to charges, damages, eviction, and other remedies provided in this Agreement. If an animal has been in the apartment at any time during your term of occupancy (with or without our consent), we’ll charge you for defleaing, deodorizing, and shampooing. Initial and daily animal-violation charges and animal-removal charges are liquidated damages for our time, inconvenience, and overhead in enforcing animal restrictions and rules. We may remove an unauthorized animal in accordance with applicable law and paragraph 33 (Default by Occupant) of this agreement and Animal Addendum.
26. RIGHT OF ENTRY. The University reserves the right to enter the housing unit from time to time at reasonable hours for reasonable purposes and not an excessive number of times to inspect the housing unit or perform repairs and maintenance. The University shall endeavor to give advance notice to the student of the proposed entry, but such notice is not required and is specifically waived where emergency or other conditions, including safety and security conditions, prevent the giving of notice or make it impracticable. The student shall not interfere in any way with the University’s right of entry under this sub-paragraph.
- When We May Enter. If you or any guest or occupant is present, then repairers, servicers, contractors, our representatives, or other persons listed in (b) below may peacefully enter the Apartment at reasonable times for the purposes listed in (b) below. If nobody is in the Apartment, such persons may enter peacefully and at reasonable times by duplicate or master key (or by breaking a window or other means when necessary) in emergencies if:
- written notice of the entry is left in a conspicuous place in the Apartment immediately after the entry; and
- entry is for: responding to your request; making repairs or replacements; estimating repair or refurbishing costs; performing pest control; doing preventive maintenance; changing filters; testing or replacing smoke or carbon monoxide detector batteries; retrieving unreturned tools, equipment or appliances; leaving notices; delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or access control devices; stopping excessive noise; removing health or safety hazards (including hazardous materials in accordance with applicable law; retrieving property owned or leased by former occupants; inspecting when immediate danger to person or property is reasonably suspected; allowing entry by a law officer with a search or arrest warrant, or in hot pursuit; showing the Apartment to prospective occupants; or showing to government inspectors for the limited purpose of determining housing and fire ordinance compliance by us and our lenders; appraisers, contractors, prospective buyers, or insurance agents.
27. NOTICES. At our option, notices and requests from you or any co-occupant of the Apartment constitute notice from all co-occupants. Your notice of termination or intent to move out must be signed by you. A notice from us to you to pay sums owed only by you, or regarding sale of property that belongs only to you or that was in your possession and care, will be addressed to you only. A notice from us that is intended only for you will be addressed only to you. A notice intended by us for all co-occupants in your apartment may be addressed to “all occupants” of your apartment. A notice intended by us for all occupants in the apartment community may be addressed to “all occupants”.
28. REPLACEMENTS AND SUBLETTING. You are not permitted to assign this Agreement, sublet or grant a right or license to occupy your Apartment except in accordance with Section 226-b of the New York State Real Property Law to the extent deemed applicable. If you wish to replace an occupant, sublet, grant a right or license to occupy, or assign this agreement other than in accordance with 226-b of the New York State Real Property Law, same is allowed only if we expressly consent in writing. If we consent to a replacement occupant, sublet or assignment, and you receive our written consent, then:
- an early move-out charge will not be due; and
- a reasonable administrative (paperwork) and/or transfer fee will be due, and a rekeying fee will be due if rekeying is requested or required; and
- the departing and remaining occupants will remain liable for all agreement obligations for the rest of the original term.
Procedures for Replacement. If we approve a replacement occupant, then, at our option: (1) the replacement occupant must sign this Agreement; or (2) the remaining and replacement occupants must sign an entirely new Agreement.
RESPONSIBILITIES OF OWNER AND OCCUPANT
29. RESPONSIBILITIES OF OWNER. We’ll act with customary diligence to:
- keep common areas reasonably clean, subject to paragraph 25 (Condition of the Premises and Alterations)
- maintain fixtures, furniture, hot water, heating and A/ C equipment
- substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
- make all reasonable repairs, subject to your obligation to pay for damages for which you are liable.
30. SUSPENSION OR TERMINATION OF OCCUPANCY.
Immediate Notice. Upon written notice, the University may immediately suspend or terminate the occupancy of a student if necessary to enforce the terms of an interim suspension, suspension, expulsion, or enforced medical withdrawal from the University or student housing.
Leave of Absence. Upon filing a medical leave of absence or other voluntary leave of absence with the University, the University may suspend or terminate the student’s occupancy.
Three Days’ Notice. Upon three (3) days’ written notice, the University may suspend or terminate the occupancy of the student upon the occurrence of any of the following:
- Failure to pay housing charges in full when due
- Failure to comply with any other substantial term or condition of these Terms or of any University rule or regulation whether or not contained or referred to in these Terms.
Fifteen Days’ Notice. Upon fifteen (15) days’ written notice, the University may suspend or terminate the occupancy of the student if the housing unit is closed or sold by the University.
Thirty Days’ Notice. Upon thirty (30) days’ written notice, the University may suspend or terminate occupancy of the student and relocate the student in order to renovate housing.
Refunds. Housing charges and refunds, if any, are governed by the terms set forth in the University’s Tuition, Fees, and Related Policies bulletin.
Vacating the Premises. Upon termination of the right of occupancy, whether by expiration of the occupancy term or otherwise, the student shall immediately vacate the housing unit, remove all personal belongings and deliver possession to the University. If the student fails to do so, the University shall have the right to immediately re-enter the housing unit and remove all personal belongings therein, without liability for trespass and without liability for any loss or damage caused by re-entry and/or removal. We’re not liable for casualty loss, damage or theft for property removed or stored under this section. In instances where the student, through no fault of theirs, is unable to remove their belongings, the University may, but does not have the obligation to, remove the personal belongings from the housing unit and pack, store, and/or ship these belongings to the student at the student’s last known address at cost to the student. Additional charges for occupancy may be assessed. The student shall deliver all keys to the housing unit within 24 hours of departure. Failure to return all keys may result in an additional charge for the reasonable and actual cost of both parts and labor associated with changing locks. A student shall leave the housing unit in a clean and orderly condition, which includes the removal of all trash and the cleaning of all appliances. Failure to leave the housing unit in a clean and orderly condition will result in a charge for excess cleaning.
31 A. DEFAULT BY OCCUPANT. You’ll be in default under this Agreement if you or any guest or occupant violates any terms of this Agreement including but not limited to the following violations: (1) you don’t pay the Housing Fee or other amounts that you owe when due; (2) you or any guest or occupant violates the apartment rules, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (3) you abandon the Apartment; (4) you give incorrect or false answers in an application; (5) you or any occupant is arrested, convicted. or given deferred adjudication for a felony offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, marijuana, or drug paraphernalia under state statute; (6) any illegal drugs or paraphernalia are found in your apartment; (7) you or any guest or occupant engages in any of the prohibited conduct described in Paragraph 22 (Prohibited Conduct); or (8) you or any occupant, in bad faith, makes an invalid complaint to an official or employee of a utility company or the government.
B. EVICTION. If you default in any of the above ways, except for nonpayment of rent or breach of Occupant’s obligations under Paragraph 21 (Prohibited Conduct), or commit any of the violations set forth in paragraphs 33A (Default by Occupant) (3), (4), (5), and (6) above, for which no such notice is required to be given, we may serve you with a written notice to stop or correct the specified default within ten (10) days. You must then either stop or correct the default within ten (10) days, or, if the default is of the nature that it cannot be cured within ten (10) days, you must begin to correct the default within ten (10) days and continue to do all that is necessary to correct the default as soon as possible.
If You do not stop or begin to correct a default within ten (10) days, or if the default is of the nature that it cannot be cured within ten (10) days, you fail to begin to correct the default within ten (10) days or fail to continue to do all that is necessary to correct the default as soon as possible, or if a default occurs under paragraph 21 (Prohibited Conduct), or paragraphs 33A (3), (4), (5), and (6), the owner may give you a written notice that this Agreement will end six (6) days after the date the second written notice is sent to you. At the end of the 6-day period. this Agreement will end, you then must move out of the Apartment. Even though this Agreement ends, you will remain liable to the owner for unpaid rent up to the end of this Agreement, the value of your occupancy, if any, after the Agreement ends, and damages caused to the owner after that time as stated in this paragraph 33A (Default by Occupant subsection B Eviction).
If You do not pay your rent when this Agreement requires after a personal demand for rent has been made, or within fourteen (14) days after a statutory written demand for rent has been made, or if the Agreement ends, the owner may do the following: (a) enter the Apartment and retake possession of it if you have moved out; or (b) go to court and ask that you and all other occupants in the Apartment be compelled to move out.
Once this Agreement has been ended, whether because of default or otherwise, you give up any right you might otherwise have to reinstate or renew the Agreement.
Acceleration. All monthly rent for the rest of the agreement term or renewal period will be accelerated automatically without notice or demand (before or after acceleration) and will be immediately due and delinquent if, without our written consent: (1) you move out, or give oral or written notice (by you) of intent to move out before the agreement term or renewal period ends; and (2) you’ve not paid all fees for the entire agreement term or renewal period. Such conduct is considered a default for which we need not give you notice. Any remaining housing Fee for the term also will be accelerated if you’re judicially evicted or move out when we demand because you’ve defaulted. We do not have to wait until the end of the agreement term or until we have mitigated our losses but may sue you immediately for the rent balance. You will also be required to pay us as part of the lawsuit our reasonable legal expenses and costs to bring the lawsuit and obtain a judgment, provided we are the prevailing party.
Holdover. You or any occupant, invitee, or guest must not hold over beyond the date of expiration or termination date of this Agreement, or the date contained in your move-out notice or our notice to vacate (or beyond a different move-out date agreed to by the parties in writing). If a holdover occurs, then: (1) payment of use and occupancy is due in advance on a daily basis and may become delinquent without notice or demand; (2) the amount of the monthly use and occupancy shall be not less than the last month’s Housing Fee, without notice; and (3) at our option, we may extend the agreement term on a monthly basis (which may be terminated pursuant to New York Real Property Law 232-a, to the extent deemed applicable), or we may immediately commence an action or proceeding in a court of competent jurisdiction to regain possession of the premises. In any action or proceeding, you will be liable for reasonable attorney’s fees. costs and disbursements.
University Remedies. If any other occupant fails to pay amounts due under its agreement for a bedroom in this Apartment, or otherwise breaks its agreement, we (at our option) may choose to terminate the agreements of all occupants in this Apartment. If only one Occupant has breached the Agreement, and if we elect to terminate the tenancy of only the breaching Occupant, the remaining occupants agree to cooperate with us in terminating the tenancy of the breaching Occupant. If we are able to locate a replacement Occupant, the remaining Occupants agree to cooperate with us in placing a replacement Occupant in the Apartment and will execute an Agreement amendment to add the replacement Occupant as a party to the Agreement.
Other Remedies. If your Housing Fee or other fees due and owing are delinquent and we give you five (5) days’ prior written notice, we may report unpaid amounts to credit agencies. Upon your default, we have all other legal remedies, including termination of this Agreement, termination of your right to possession, without terminating this Agreement, and all other remedies available under applicable state laws. Late charges are liquidated damages for our time, inconvenience, and overhead in collecting late payments (but are not for attorney’s fees and litigation costs). All unpaid amounts bear 9% interest per year from due date, compounded annually. You must pay all collection-agency fees if you fail to pay all sums due within ten (10) days after we mail you a letter demanding payment and stating that collection agency fees will be added if you don’t pay all sums by that deadline.
Remedies Cumulative. Any remedies set forth herein shall be cumulative, in addition to, and not in limitation of, any other remedies available to us under any applicable law.
32. ENTIRE AGREEMENT. Neither we nor any of our representatives have made any oral promises, representations, or agreements. This Agreement is the entire agreement between you and us.
33. NO AUTHORITY TO AMEND UNLESS IN WRITING. Our representatives (including management personnel, employees, and agents) have no authority to waive, amend, or terminate this Agreement or any part of it, unless in writing, and no authority to make promises, representations, or agreements that impose security duties or other obligations on us or our representatives unless in writing.
34. NO WAIVER. No waiver by us of any violation or breach of any of the terms, provisions and covenants contained in this Agreement shall be deemed to constitute a waiver of any other violation or breach of any of the terms, provisions and covenants contained in this Agreement. Our not enforcing or belatedly enforcing written-notice requirements, due dates, acceleration, liens, or other rights isn’t a waiver under any circumstances.
- Unless prohibited by law or the respective insurance policies, insurance subrogation is waived by all parties.
- No employee, agent, or management company is personally liable for any of our contractual. statutory, or other obligations merely by virtue of acting on our behalf.
- All provisions regarding our non-liability and non-duty apply to our employees, agents, and management companies.
- Except to the extent mandated by applicable law, we have made no representations or warranties concerning the Apartment and deny any express or implied warranties have been made unless required by applicable law.
- All discretionary rights reserved for us within this Agreement, or any accompanying addenda are at our sole and absolute discretion.
36. WAIVER OF JURY TRIAL AND COUNTERCLAIM. To minimize legal expenses and, to the extent allowed by law, you and we agree to give up the right to a trial by jury in any lawsuit based on statute, common law, and/or related to this Agreement. This Agreement to give up the right to trial by jury does not include claims for personal injury or property damage. You specifically waive your right to bring a counterclaim in any summary proceeding for non-payment or a summary holdover proceeding.
37. FORCE MAJEURE. If we are prevented from completing the performance of any obligations hereunder by an act of God, strikes. epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage, or other occurrence which is beyond our control, then we shall be excused from any further performance of obligations and undertakings hereunder, to the full extent allowed under applicable law. Furthermore, if such an event damages the property to materially affect its habitability by some or all occupants, we reserve the right to terminate any and all occupancies and you agree to excuse us from any further performance of obligations and undertakings hereunder, to the full extent allowed under applicable law.
38. BILLS AND NOTICES.
Notices to you. Any notice from us or our attorney will be considered properly given by us to you if it (1) is in writing; (2) is signed by us or in our name or the name of our agent or attorney; and (3) is addressed to you at the Apartment and delivered to you personally or sent by registered or certified mail to you at the Apartment. The date of service of any written notice by us to you under this agreement is the date of mailing of such notice or, if not mailed, the date of delivery of the notice to the Apartment. Notice by us to one person named as an occupant shall be as though given to all occupants of the Apartment.
Notices to us. If you wish to give notice to us, you must write it and deliver it or send it by registered or certified mail to us at the following address:
Syracuse NY 13210
Office of University Counsel
Crouse-Hinds Hall, Suite 518
900 South Crouse Avenue
Syracuse, NY 13244
39. PAYMENTS. Payment of all sums is an independent covenant. At our option and without notice, we may apply money received first to any of your unpaid obligations, then to current Housing Fee-regardless of notations on checks or money orders and regardless of when the obligations arose. All sums other than the Housing Fee are due upon our demand.
WHEN MOVING OUT
40. CLEANING. Before you move out, you must thoroughly clean the apartment, including doors, windows, furniture, bathrooms, kitchen appliances, and storage rooms. You must follow move-out cleaning instructions if they have been provided. If you don’t clean adequately, you’ll be liable for reasonable cleaning charges.
41. MOVE-OUT INSPECTION. If you give at least two (2) weeks’ notice, you may request an inspection before vacating the Apartment and you have the right to be present at such inspection. If you make such request, the inspection shall be made no earlier than two (2) weeks before the end of the tenancy and we shall provide at least 48 hours written notice of the date and time of the inspection. After the inspection, we will provide you with an itemized statement of the proposed repairs or cleaning, if any, and you will have the opportunity to cure any such conditions before the date you intend to vacate the apartment.
Our representative has no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modification, or disapproval before final refunding or accounting.
42. CONDUCT AND UNIVERSITY POLICIES. The Occupant is subject to the Terms and Conditions of University Housing and shall be required to abide by all Syracuse University policies while residing at the Apartment and at the surrounding premises, including by way of example and not limitation: Code of Student Conduct and Statement of Student Rights and Responsibilities.
43. SEVERABILITY. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision shall be ineffective to the extent of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder of this Agreement. The court shall interpret the agreement and provisions herein in a manner such as to uphold the valid portions of this Agreement while preserving the intent of the parties.
44. ORIGINALS AND ATTACHMENTS. We will provide you with a copy of the Agreement. Your copy of the Agreement may be in paper format, in an electronic format, or sent via e-mail if we have communicated by e-mail about this Agreement. Our rules and community policies, if any, will be attached to the Agreement and provided to you at signing. When an Inventory and Condition form is completed, you should retain a copy, and we should retain a copy. Any addenda or amendments you sign as a part of executing this Agreement are binding and hereby incorporated into and made part of the Agreement between you and us. You acknowledge that you are NOT relying on any oral representations. A copy or scan of this Agreement Contract and related addenda, amendments, and agreements may be used for any purpose and shall be treated as an original.