Rental Contract and Addendum 2020 - 2021


2020-2021 BYU STUDENT-LANDLORD RENTAL AGREEMENT

 

This Contract is entered into on this date Day: Month: Year:  

Student’s Name:     

Phone:  

Permanent Home Address:  

Educational Institution:  

Student’s E-mail Address:  

Student’s I.D. Number:  

Landlord’s Name: Adam Larson

Landlord’s Phone: 801-332-9833

Landlord’s Local Agent: Shalisa Larson

Landlord’s E-mail Address: adam@myprovoproperty.com

Local Agent’s Mailing Address: shalisa@myprovoproperty.com

Agent’s Phone: 801-784-0624

Landlord’s Second Contact:

Contact’s Phone:

Second Contact’s Mailing Address:

CERTIFICATION OF STUDENT STATUS: I hereby certify that I am a “student” and am eligible to rent and reside in BYU Contracted Off-Campus Housing, (“Contracted Housing”), that is, I am a full or part-time student of BYU, enrolled in daytime or evening classes; or, I have applied to BYU or a qualifying institution and been accepted for enrollment; or, I am enrolled in an LDS institute program for credit and will provide proof of registration and attendance; or, I am a student of an educational institution which, on the basis of religious or moral principle, provide for sex segregated housing (BYU English Language Center (Provo Campus), LDS Institute, UVU, Acaydia School of Aesthetics, American Institute of Medical and Dental Technology, Aveda Institutes Provo, Nomen-Global Language Centers, Paul Mitchell The School, Provo College, Renaissance Academe De Hair Design, Selnate International School, and Stevens Henager College), and I have elected to live in such housing under the terms and conditions found herein and will provide proof of attending BYU or a qualifying institution upon request.  I further certify that I have never been evicted nor had my tenancy terminated from BYU Contracted Housing for violating the Residential Living Standards nor have I been dismissed, suspended, nor have I withdrawn (in lieu of being suspended or dismissed) from BYU for non-academic reasons.    I also understand if I am banned from BYU, I am not eligible to live in BYU Contracted Housing.    I agree to live in Contracted Housing under the principles of the Residential Living Standards, and the gender separation policy and remain eligible as a student as defined in this paragraph.  I recognize and understand that my Certification of Student Status is material to and relied upon by the landlord in entering into this rental agreement and any misrepresentation found herein or change in student status is reason for immediate termination of tenancy and such other legal and equitable remedies as the landlord may pursue.  As a BYU student, I understand and agree that the landlord is required by BYU to verify each semester/term through myBYU that I am a resident, with a current contract and will provide BYU my residential address. *(See paragraph #10) Student Initials:  

RESIDENTIAL LIVING STANDARDS:    I agree to comply with, and acknowledge the   landlord’s and my responsibility to maintain the Residential Living Standards as listed below (collectively referred to as “Residential Living Standards”) and to help other students maintain the same.   My violation of these standards shall be sufficient cause for eviction.

Guests of the Opposite Sex: Visitors of the opposite sex are permitted in living rooms and kitchens, but not in bedrooms, or private hallways. 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 may begin after 9:00 a.m. and extend until 12:00 midnight. Friday night visiting hours may extend until 1:30 a.m. Landlords may establish a shorter visiting period if written notice is given to students.

Conduct:     All students and residents shall be required to conduct themselves in a manner consistent with the BYU Honor Code including abstaining from possessing, serving, or consuming alcoholic beverages, tobacco, tea, coffee, or harmful drugs both on and off the premises of Contracted Housing.     Involvement with gambling, pornographic, erotic, indecent, or offensive material, obscene or indecent conduct or expressions, disorderly or disruptive conduct, or any other conduct or action inconsistent with the BYU Honor Code, in the sole discretion and judgment of the university, is not permitted on or off the premises of Contracted Housing. All guests must comply with the Residential Living Standards while on the premises of Contracted Housing.     Students are expected to help their guests and other residents understand and fulfill their responsibility under the Residential Living Standards and the BYU Honor Code.

Dress and Grooming Standards: All students of Contracted Housing are required to know the BYU dress and grooming standards and abide by them. (The standards expressed above apply to students at all times whether on or off campus.)Student Initials:  

UNIVERSITY CONVICTED SEX OFFENDER POLICY:   The university has determined that convicted sex offenders,  whether required to register or not, pose a significant, clear and present danger to residents living in Contracted Housing, and are not permitted to live in Contracted Housing. I hereby certify that I am NOT a convicted sex offender and am eligible to rent and reside in Contracted Housing. Student Initials:  

  1. RENTAL AND PARKING ACCOMMODATIONS: The landlord will provide the following rental accommodations, commonly known

    as: located at (address)
    in (city)  which the landlord warrants has received a BYU contract or will receive a final contract with BYU by the occupancy date in paragraph 2 below and will remain contracted by the Off-Campus Housing Office at Brigham Young University for the term of this contract. Apartment number or brief description of facility rented:   Bedroom rented:  . Landlord has a total of 0                  off-street parking spaces available and has contracted with BYU for a maximum of tenants in this unit.

  2. TERM OF CONTRACT:  Occupancy shall begin on the day of ,  (“Commencement of Tenancy”), and shall terminate on the day of , . Rental rate: Total rent for this period will be $  payable in equal payments of $ due in advance on the 1st                day of each month, OR in payments according to the following schedule:
                                                                                                                                                                                                                            .

  3. LATE FEES: The rent is to be paid to My Provo Property     at the following address: PO Box 446, Orem, UT 84059                                               .
    If the student fails to pay rent in full no less than 5 days after it is due, student shall pay to landlord a late fee of $ , plus $ for each additional
    day that the rent continues to be unpaid. Late fees shall not be exorbitant and must bear a reasonable relationship to actual damages suffered.

  4. UTILITIES: If box is checked, service is provided by landlord*:             gas electricity ✔ water ✔ garbage ✔ sewer telephone ✔ internet cable

    (*See facility addenda for details) If a box is not checked, this utility is the responsibility of the student. This will require a tenant to place utilities in his/her name. A utility contract between roommates can be filled out and printed from the Off-Campus Housing website at the following url: och.byu.edu/PDF/UtilityContractFillable.pdf

  5. SECURITY DEPOSIT: The student will pay a security deposit to the landlord on the day of   , or, if a date is not
    specified, upon the signing of this Agreement. The amount of the deposit shall be $ , which shall not exceed two months’ rent.

  6. CONDITION OF PREMISES:

    1. The student accepts the premises and any improvements as being in good order and repair, reasonable cleanliness included, unless otherwise indicated in writing, a copy of which must be submitted to the landlord within 48 hours of commencement of occupancy. The student shall return possession of the premises to the landlord in the same condition as received, reasonable cleanliness included, reasonable wear and tear and damages by the elements excepted.

    2. IF RENTING SIGHT UNSEEN, i.e. Student has not had the opportunity to inspect the unit covered by this lease, then landlord warrants that the unit to be occupied by tenant will be in good, habitable condition and will conform to any *model unit shown to tenant in all material respects except as agreed. If the unit is not in good condition or does not conform to the model unit in some material respect, except as agreed to, student may give written notice to landlord that unless the deficiency is corrected within a specified reasonable time, the rental agreement will be void. If the landlord fails to correct the deficiency within the specified reasonable time, student has no further obligations under the rental agreement and the landlord must return all monies previously paid to him by student regardless of how denominated. *(Model units are for show purposes. Assigned apartment units may have different flooring, paint color, furnishings and/or décor, but must contain appliances and furnishings in keeping with what was shown)

       

  7. TERMS AND CONDITIONS OF AGREEMENT: Students and landlords agree to abide by applicable City, County, State, and Federal laws governing the rental relationship, this Agreement, and the rental property. No modifications of this Agreement may be made by strike-out or other writing except as provided herein. In addition to the terms and conditions of this Agreement, the landlord may establish, in writing, addenda and house rules covering, for example, check-in/check-out procedures, etc. Any additions to this Agreement, including the addenda, house rules, or procedures established by the landlord must be attached to this Agreement at the time of its signing and if the additions are in conflict with or supersede any part of this Agreement, they are invalid and unenforceable. In addition, written addenda and house rules that are unlawful, oppressive, unreasonable, or inequitable shall not be enforced in mediation, arbitration or by any court.

    1. FEES, COPIES, AND RECEIPTS: All fees and nonrefundable portions of the deposit must have a clearly defined purpose and the amount stated in writing at the time of agreement and shall not be exorbitant but must bear a reasonable relationship to actual damages suffered or costs incurred. The landlord shall provide the tenant with copies of all rental agreements, addenda, house rules at the time of agreement/billing, and provide notice for any bills (including, but not limited to, late fees) at the time they are incurred, and shall provide a receipt for any money paid in cash at the time of payment.

    2. KEYS: An entry key must be provided for each resident at the time occupancy begins. Each key will have a code number stamped on the key along with “do not copy”. If a key is lost or stolen, the lock must be re-keyed. A charge will be assessed to tenant(s) for all lost keys, keys not returned, or re-keying.

       

  8. RESIDENTIAL LIVING STANDARDS: The landlord agrees to exercise reasonable effort to maintain and enforce the Residential Living Standards by all tenants as defined above by pursuing any legal or equitable remedy. Landlord’s failure to take reasonable steps to maintain and enforce these standards after actual or written notice of any violation which affects the tenancy of the student from any source will constitute a material breach of this agreement and grounds for student to end the tenancy, either party may submit the controversy by serving written notice to the BYU Off-Campus Housing Office. If the dispute continues unresolved, the Off-Campus Housing Office will submit the matter to the BYU Center for Conflict Resolution (hereinafter “CCR”). Violation of the Residential Living Standards by the student shall be a material breach of this agreement and grounds for termination and eviction.

 

9. DISPUTE SETTLEMENT: When an owner and a BYU student fail to settle any controversy with respect to the rental facilities or to their rental Agreement(s) after making a good faith effort on their own, all such controversies shall be submitted to the BYU Center for Conflict Resolution (hereinafter “CCR”) for binding mediation/arbitration. Both parties agree to make a good faith effort to settle such controversy through mediation and to be governed by the Mediation Rules of the CCR unless the CCR declines to mediate the controversy. If mediation fails to resolve the problem, either party may request arbitration by the CCR. If either party requests arbitration, both parties agree to submit to the jurisdiction of the CCR and be bound by its decision as rendered in accordance with its rules and regulations. The parties agree that the CCR arbitrators have sole and exclusive right to determine all questions of law and fact and may grant any remedy or relief that the arbitrators deem just and equitable, including specific performance. Any BYU student who fails to comply with an arbitrator’s decision will have a hold placed on his or her university records and a stop and discontinuance on registration. Landlords who fail to comply with such decision(s) will be in material breach of their BYU contract for their facilities which then will be terminated. If civil court action is pursued to enforce the terms of this Agreement, mediation agreement, or the arbitration award, the non-prevailing party agrees to pay all costs in connection therewith, including a reasonable attorney’s fee. Other non-BYU students may have alternative dispute procedures provided by their own institutions. Any landlord or facility that does not comply with any decision or mediation will not be eligible for a contract to provide Contracted Housing. Eviction: If a BYU student requests mediation after an eviction notice has been served, the CCR must schedule mediation within 72 hours or three business days.

 

  1. STUDENT OBLIGATIONS: The student agrees to use the property as his or her personal residence. The student shall maintain the interior of the property in a reasonably clean and safe condition, use reasonable care in consumption of utilities and services furnished by the landlord, and avoid unreasonable noise or other disruption of the privacy and peaceful enjoyment of the premises by the landlord and other students. The student shall be responsible for any damage to the property beyond reasonable wear and tear by the student, members of the student’s family, or persons invited on the property by the student. The student shall not make, or cause to be made, any alterations to the property or its contents without first obtaining the written consent of the landlord. The student agrees to notify the landlord in writing about any needed repairs or violations of the Honor Code or Residential Living Standards involving other students or residents. *The BYU Student agrees to update their residential address on myBYU each semester/term, failure to do so will result in non-compliance fees of up to $175 and housing holds affecting their ability to register.

     

  2. REPAIRS AND MAINTENANCE: The landlord agrees to maintain, at landlord’s expense, both the interior and exterior of the property and any provided furnishings or appliances in a safe, reasonably clean, and operable condition and comply with all applicable State, County, City laws and the most recent edition of the BYU Minimum Specifications for Contracted Off-Campus Housing. The landlord shall respond promptly to any emergency, urgent problem, or critical repair on the property and work with due diligence to promptly complete the repairs or correct the problem. Specified critical repairs and the reasonable time to commence action for each are defined in the BYU Off-Campus Housing Handbook, Section17.05. The BYU Off-Campus Housing Handbook is incorporated herein by reference. When there are non-critical problems on the property or a complaint about a failure of the facilities to comply with the BYU Minimum Specifications or any other applicable laws, the landlord shall respond in a reasonable time period and work with due diligence to correct the problem.

     

  3. LIABILITY OF LANDLORD: The landlord shall not be liable for any damages or losses to person or property caused by the student, other persons, the elements, fire, theft, or other catastrophes unless the same is due to the negligence of the landlord. The student is strongly advised to secure insurance to protect his or her property from such occurrences.

     

  4. DELAYED POSSESSION: If the landlord is unable to deliver possession of the premises at the commencement date of this Agreement, the student shall not be liable for any rent and may elect to terminate this Agreement at any time until possession is delivered. The landlord shall be liable for any damage caused thereby through the third day from the commencement hereof, if possession is not delivered, or until the day the student terminates, whichever is earlier. This provision survives termination until damages are collected.

 

14. TERMINATION OF UNIVERSITY CONTRACT: Upon five days written notice to the landlord or its agent, students may terminate this Agreement at any time the dwelling unit does not have a contract to provide BYU Contracted Housing or is over-occupied. The landlord agrees to remit within 5 days the balance of any prepaid rental and/or deposit monies to any student electing to terminate his or her Agreement in accordance with this paragraph. The landlord may retain only a pro rata portion of nonrefundable fees.

 

  1. FIREARMS, WEAPONS, FIREWORKS, AND EXPLOSIVES: Unless prior written consent is received from the landlord and all other students in the dwelling, neither the student nor the landlord or its agent, if residing in the same dwelling as the student, may store, keep, or maintain on the premises any firearms, weapons, fireworks, or explosives, including knives (except reasonable cutlery), or other items which, in their intended use, are capable of inflicting serious personal injury.

     

  2. ANIMALS: No pet(s) shall be kept on the premises without the prior written consent of the landlord.

     

  3. GUESTS: The student may not have overnight guests without notice to and written consent of the landlord and of all other students in the dwelling. If consent is given, a single student shall have only overnight guests of the same gender as designated for the dwelling. The landlord may charge the student having overnight guests a fee in the amount of a pro rata portion of the rent unless a fee is agreed to elsewhere in this contract. All guests must comply with the BYU Honor Code and Residential Living Standards when on the premises.

  1. PEACEFUL POSSESSION AND EXERCISE OF RIGHTS:

    1. The landlord shall ensure the quiet enjoyment and peaceful possession of the dwelling for the student and shall not unjustly evict the student. Neither party shall harass or retaliate against the other or against other students for the exercise of his or her rights under this Agreement and Utah law.

    2. All students living in rooms where computers, web cameras, and/or other image recording/transmitting devices exist should discuss with their roommates appropriate parameters for such equipment’s use to provide appropriate privacy and comfort for all residents. If roommates are unable to agree on parameters, the Center for Conflict Resolution will attempt to mediate the concern.

 

  1. RIGHT OF PRIVACY AND INSPECTION: Except in case of an emergency which threatens life or property, the landlord may not enter the property without consent of at least one of the residents or after at least 12 hours written notice. Such 12 hours written notice may be given to any legal-aged person in the rental unit or by posting a notice in a conspicuous place stating such intent to enter. The landlord may enter the property after 12 hours written notice only during reasonable hours and after knocking and only for the purpose of inspecting the premises, making necessary repairs or improvements, supplying necessary services, or showing the unit. Whenever the student requests the landlord to make repairs or provide agreed upon services, consent is deemed to have been given to the landlord to enter without a 12 hours notice but only to make the requested repairs and only after knocking and at reasonable hours. However, if the student gives any reasonable verbal or written objection to the landlord before entry, even when repairs have been requested, the landlord may not enter the property at that time. If the student’s objection is not reasonable and the student refuses to allow the landlord lawful access, the landlord may terminate this contract and/or charge the student for damages, if any. The landlord and landlord’s agents are responsible for losses of, or damage to, personal property of students due to negligence of landlord or landlord’s agents who enter without student consent, or in violation of this paragraph.

     

  2. TRANSFER OF STUDENTS: Unless circumstances warrant an immediate transfer, upon 7 days written notice to the student, the landlord may transfer the student to an equally suitable apartment or room other than originally assigned for the purposes of consolidating students or other justifiable reasons. In all cases where the landlord transfers students for landlord’s own purposes, the landlord agrees to pay telephone transfer fees and nonrefundable utility hookup fees, if any, plus $40 per person to cover other costs of moving. Such amounts shall be offered, at the student’s option, either as an immediate payment to the student or as a credit toward the next money obligation due landlord from student.

     

  3. SECURITY DEPOSIT: Students shall not be required to pay a deposit exceeding two months rent. The landlord may apply the security deposit to any of the following obligations of the student:

    1. rent owed under the terms of this contract,

    2. damage to the property done by the student individually, or by persons invited on the property by the student, beyond reasonable wear and tear,

    3. other fees provided for in this Agreement, and

    4. cleaning of the unit, unless reasonably cleaned by the student, reasonable wear and tear excepted.

      The balance of any deposit and prepaid rent, if any, and a written itemization of any deductions from the deposit, and reasons therefore, shall be delivered or mailed to the student within 30 days after termination of the rental agreement, or within 15 days after receipt of the student’s new mailing address, whichever is later. The student shall notify the landlord or designated agent of the location where payment and notice may be made or mailed. If there is damage to the rented premises, this period shall be extended to 30 days. If the landlord in bad faith fails to provide the student the appropriate refund and statement within the applicable time period stated above, the student may recover the full deposit, a penalty of $100 and court costs.

       

  4. TERMINATION BEFORE COMMENCEMENT OF TENANCY: At any time not less than 90 days before the commencement date in paragraph 2 of this Agreement, either party may terminate this Agreement by giving written notice to the other party and paying a $50.00 fee to be paid at the time notice of termination is given. When the student gives notice of termination, any prepaid rental and/or deposit monies owed by the landlord shall be refunded to the student within 30 days of the notice of termination. When the landlord gives notice of termination, any prepaid rental and/or deposit monies owed by the landlord shall be refunded to the student at the time notice of termination is given. If notice to terminate is given after the 90th day before the commencement date in paragraph 2 of this Agreement, the terminating party may terminate this Agreement only upon conditions set forth in this Agreement.

     

  5. TERMINATION BY STUDENT OR AUTOMATIC TERMINATION: The Agreement may be automatically terminated, or terminated by the student, prior to its expiration, with all rental charges prorated through the last day of tenancy under the following circumstances and conditions:

    1. Death of the student.

    2. If the student leaves school due to a verified unforeseeable and unexpected catastrophic loss or serious illness. In such instances, termination of the Agreement is in effect after acceptable verification has taken place. Student shall forfeit security deposit and legal deductions.

    3. If the student leaves school due to a verified call into active military duty, the student may terminate further contractual obligation after 5 days written notice to landlord as outlined in the Service Members Civil Relief Act of 2003.

    4. If, at any time during the term of the contract, the student graduates from BYU, receives a mission call, gets married, or is required to do an internship for graduation which necessitates leaving the area, the student may terminate with 120 days written notice and shall forfeit security deposit and legal deductions. After receiving the 120 day written notice the Landlord may at the end of any semester, relet the rental space and thus relieve the student of any further obligation under this Agreement or continue to collect rents for the full duration of the 120 days. The student’s rent obligation continues 120 days from the date written notice is given to the landlord. If an accelerated payment schedule is used, the security deposit is not forfeited and must be returned to the tenant minus any legal deductions.

    5. After student gives notice of his or her intent to vacate the property, if the student or landlord finds a suitable substitute student who executes a new rental Agreement with the landlord, the student may terminate without penalty or further contractual obligation. The last day of tenancy shall be the day before the substitute tenancy begins and the landlord shall not unreasonably decline to accept any suitable substitute student or aid the student in finding and renting the property to any suitable substitute student. Landlord may charge the student a reasonable fee for costs of early termination under this subsection provided such fee is agreed to in writing. If the student finds a suitable substitute student, which the landlord refuses to accept in a timely manner, the student may terminate without penalty or further contractual obligation. No subleasing or assignment is permitted.

    6. After written notice from the student of any material, substantial, or continuing breach of this Agreement by the landlord or of a failure of the landlord to take reasonable steps to maintain the Residential Living Standards and the landlord fails to correct the problem within a reasonable amount of time, the student may terminate without penalty or further contractual obligation upon written notice of termination, or, in the alternative if requested by the student, the student may receive a rebate in rent as determined in arbitration or a court of law.

     

  6. TERMINATION BY LANDLORD: In any of the following instances the landlord may elect to terminate this lease, re-enter and take possession of the premises after notifying the student in writing pursuant to Utah Law:

    1. failure of the student to make any payment required under this Agreement when due;

    2. when the cost of damages caused by the student or his or her invitees exceeds the amount of the security deposit;

    3. when the student causes any material, substantial, or continuing breach of this Agreement;

    4. when the student violates the Residential Living Standards, or is not eligible to live in University Contracted Housing as defined in the Certification of Student Status paragraph above; actions by the tenant do not cancel the contract, only tenancy.

    5. when the student’s conduct interferes with other residents’ rights to peaceful enjoyment of the premises, recklessly endangers human life including self, or when the student assaults, harasses, disturbs the peace of, intentionally damages, defaces or destroys the property of, or threatens physical harm against other students, the landlord or its agent, or when the student suffers, permits, or maintains any nuisance, or any health or safety hazard on the premises.

Landlord shall re-enter and take possession under the terms of this lease only by lawful means pursuant to a court order or after the premises have been surrendered or abandoned by the student. Landlord shall not re-enter by means of force or seek to reclaim the premises by lockout, or termination of essential services. If the landlord re-enters the premises in accordance with this paragraph, or any other provisions authorizing forfeiture, the landlord shall use his or her best effort to re-rent the premises on reasonable terms and the student agrees to pay landlord any differences between rent agreed herein and rent collected from re-rental of the premises for the remaining term of this lease. If the student, without just cause, fails to comply with legal notices of eviction or court orders, the student agrees to pay all costs of eviction including legal penalties provided by law and a reasonable attorney’s fee.

 

Any successor to the owner’s interest in the premises after the owner and student sign this contract shall be bound by the provisions of the contract.

My Provo Property, LLC
2020-2021 Addendum to BYU Student-Landlord Rental Agreement

1. DESIGNATIONS: For the remainder of this contract the terms Landlord, MPP, and My Provo Property, LLC are interchangeable as are Tenant and Student.

 

2. NON-REFUNDABLE:  A $35 charge will be assessed each semester to cover costs of carpet, drapery, and furniture cleaning; general wear and tear; and replacement of flooring, blinds, doors, screens and other common materials.  It is at the landlords option to determine when and what to repair, replace or clean.  

 

3. EQUAL PAY: Tenant is currently agreeing to pay an ‘equal pay’ amount for a year-round contract (provided for convenience of tenant). If contract is transferred or terminated for any reason, tenant may be required to back pay or bring current the account to the higher and lower rents for Fall/Winter. For example, a $380/month contract would become Fall/Winter (8 months at $430/month) and Spring/Summer (4 months at $280/month).  Tenant may not use their security deposit for bringing the “equal pay” current.  

 

4. LATE FEES: A $25 late fee will be charged to any tenant whose payment has not been received by the 5th of the month. In addition, $5 per day thereafter shall be charged until rent is received (there is no limit on late fees). A tenant whose rent is late is considered in breach of contract, and may face eviction.

 

5. RETURNED CHECKS / INVALID PAYMENT: A $25 fee will be assessed for any check returned by the bank. In addition, a late fee on rent may be charged if a returned check causes a rent payment to be past due.  Incorrect banking information made during an online payment may result in late fees for rent not collected on time. Returned or reissued checks from deposit refunds will be charged a $15 processing fee. 

 

6. CHECK-IN PROCEDURES:  Tenant may move-in on the starting date of the contract, beginning at 9 AM. Tenant will arrange with property manager for pickup of keys and parking passes (if available) to begin tenancy.  Early move-in can be arranged for a fee depending on availability of the unit. Tenants who move items into the unit or occupy the unit prior to move-in date will be charged a $50 fee plus the pro-rated amount of rent for the period they used the unit. Tenant has five (5) days beginning upon occupancy to report to the Landlord any damage found in the unit, including missing or broken items. If the landlord has not received a list of damages within five (5) days, tenant waives all claims to pre-existing damage and becomes responsible for any damage found.  A check-in evaluation is available on your tenant portal, a form is available from BYU Off-Campus Housing, or tenant may use their own format for reporting.  

 

7. CHECK-OUT PROCEDURES:  Each tenant must complete all check-out procedures:   

  1. Check-out time and end of the rental period is 12:00 NOON on the last day of the contract, tenants will receive a check-out packet with full instructions.  
  2. An incomplete check-out packet or any missing items (keys, parking passes, forms) will result in a $15 fee.  
  3. Cleaning assignments must be completed by the checkout time referenced above.  Normal cleaning check rules and fees apply.  
  4. Tenant must return all keys at time of check-out.  If key(s) are not received within 24 hours of check-out, tenant will be charged to re-key the unit.
  5. No personal property may be left in the unit. Personal property left in the unit will be removed and cleaning fees will be charged.
  6. Tenant must provide landlord with a self-addressed, stamped envelope if they wish to receive their security deposit refund.  
  7. Tenants remaining without permissions after the check-out time shall be considered unapproved overnight guests.
  8. Security Deposit refunds will be mailed to the tenant using the envelope provided (see security deposit terms).
  9. Tenants may request an early check-out (will be charged a $50 fee).

 

8. INSPECTIONS: Each tenant has the responsibility to maintain a reasonable level of cleanliness within the apartment at all times. Failure to do so will be considered violation of the other tenants rights to peaceful enjoyment of the premises – and multiple legitimate complaints about cleanliness will be cause for eviction. Unit shall be subject to up to monthly inspections by management to verify compliance with the terms of the Rental Agreement and the Addendum, though checks are normally performed every other month. The inspection shall be with sufficient advance notice to the tenant.  Any reasonably unsatisfactory cleaning condition found upon inspection will warrant a minimum 2-day cleaning notice and a $15 re-check fee.  If the unsatisfactory condition is not remedied to a passably clean condition within the re-check period, cleaning will be performed at the tenants expense at the rate of $50/hour (one hour minimum). If tenant will be out of town at the time of scheduled cleaning checks, tenant can either clean prior to the date and leave the completed form or tenant can pay a $15 rescheduling fee to have the cleaning check performed at a later time (normally within 7 days). Renewal of contract may be denied to any tenant failing 2 or more inspections.  

 

9. PARKING:  The landlord makes no guarantee of a parking place for tenants – parking is available on a first come, first served basis and is for current tenants only. All cars parked on the premises are required to have a parking pass, which may be available from the HOA or your landlord.  Vehicles without a pass will be towed at owner’s expense.  Replacement passes or passes not returned upon contract termination will incur a $35 fee.  Passes are non-transferable (between vehicles or persons).  Tenants will need to contact the towing company posted or Provo city police if their car is missing and/or towed.  Landlord reserves the right to assign the parking stalls as they see fit.  Temporary parking passes are only issued by the HOA.

 

10. KEYS & KEYPADS: Tenant will be issued an entry key and each apartment has 1 mail key (Old Mill also has 1 solarium key).  If tenant loses an entry key or the mail key, a $100 fee will be charged to re-key the unit/mailbox and provide keys to all tenants.  If the tenant loses the solarium key, a $150 replacement fee will be charged.  If a key is missing and no tenant takes responsibility for loss of the key, the fee will be split among all tenants. Bedroom keys will not be issued due to BYU policy, and landlord does not have bedroom keys. If any key is broken, the tenant must turn in the key and will be charged with the replacement of that key, normally a minimal, $5 charge.

Some apartments will use a keypad rather than normal door lock for accessing the unit. For these units, no key will be distributed to tenants. Tenants remain liable for all other keys, fees, and processes. In order to gain entry to your apartment with a keypad, enter the keycode into the lock. To lock the door when you exit, first close the door and then press the lock button in the center of the keypad. The key code to your door should have been sent to you already via text or email. This code can also be viewed anytime via your online portal. Once you log in, it is near the top of the page under the section “Your KeyCode”. Whenever we update the keycode to your apartment, we will also update it in the system. It is important that you do not share this code with anyone. This is a code that is meant to be used only by the tenants residing in the apartment. If you share this code with friends, family, or any other individuals, you are putting at risk the security and privacy of your roommates. PLEASE DO NOT SHARE THIS CODE WITH ANYONE. If you are found to have let others into the unit using your code, you may be charged a $40 re-code fee for the apartment. If the keypad flashed red 10 times with 10 beeps (it will be obvious), that is an indicator that the batteries are low. Let us know when this happens so we can come out and replace the batteries. We will plan to replace them at regular intervals to prevent this from occurring, but we are not yet 100% certain on the battery life of the keypads. If 3 incorrect codes are entered within one minute, the keypad will flash red and beep 15 times. You will need to wait 60 seconds before you can try a code again.

 

11. LOCKOUT FEE: If tenant is locked out of their bedroom, they must call a locksmith at their own expense (since we do not have or issue bedroom keys).  If tenant is locked out of the condo and requests the landlord to open the unit, a lock-out fee of $30 shall be charged for landlord to open the condo during regular business hours and $60 for nights (5:00 PM – 9:00 AM), weekends, and holidays.  If tenant picks up a key from the office and returns it within an hour, a $10 charge will be assessed during regular business hours and a $30 charge for nights (5:00 PM – 9:00 AM), weekends and holidays.  

 

12. OVERNIGHT GUESTS:  In accordance with paragraph 17 of the contract there will be a $20 per-night charge for each guest who stays overnight.  If a guest is found in the unit without notice and required written consent, such shall be considered theft of services and may be prosecuted according to Utah Law.  If the tenant has not notified the Landlord and an overnight guest is found, the charged is increased from $20 to $50 per night, per guest.  Such failure also constitutes a breach of contract by the tenant(s) who invited the guest and may result in eviction or other appropriate action.  Any such action shall not constitute a waiver of the $50 per night per guest charge.

 

13. PETS: Per BYU policy, pets and/or animals are not to enter the premises without written consent of landlord.  Any pet or animal brought into the unit (even temporarily) will be grounds for a fee of $25/day fee plus cost of carpet cleaning and any damage/repairs.

 

14. FLAMMABLE ITEMS: Due to the potential danger and soot damage they cause, candles, candle warmers, incense and other burning items (including sparklers) are not allowed in the unit.  No items may be stored in the unit or on the property that contain or use propane, gasoline or other flammable liquid.  There will be a $35 charge for violation of this item.  Additionally, space heaters are not allowed in the units as they present a fire hazard.

 

15. DAMAGE: Any loss or damages beyond normal wear and tear are to be reported to the landlord immediately.  Repairs or replacement of items due to damage are to be done by the landlord and not by the tenant.  All charges shall be the responsibility of all tenants equally unless a specific tenant assumes responsibility, in writing, for damages.  Any loss or damage to the bed, furniture, other items in a bedroom, or the bedroom itself, shall be the responsibility of the tenant leasing that bedroom.  Any damage caused by guests will also be the responsibility of the tenant. Pictures may be hung with discretion, but no more than 2 holes per wall are allowed.  You will be charged for any required repairs/painting to walls and doors.  Installation of shelves must be approved by landlord and they may not be removed at check-out. Window screens are to be kept in place at all times. If damaged, a $50 replacement fee will be split among all tenants unless a single tenant takes responsibility.

 

16. SERVICE CALLS: All Maintenance requests are to be in writing and submitted via your tenant portal on our website at www.myprovoproperty.com.  A service request counts as permission for the landlord to enter the unit and bedrooms affected.  A service call that results in work not covered by this agreement (e.g., asked to fix personal property, etc), work that could reasonably be done by the tenants themselves (e.g., turn on a light-switch), or work required as a result of negligence or damage on the part of the tenants (e.g., spoon in disposal) may result in a $40 fee plus the cost of parts and labor for the repair.  Fees will be charged to tenant requesting the service unless a tenant responsible for damage or negligence takes responsibility.  Any unauthorized calls to outside repairmen or professionals for work on the unit will be charged directly to the tenant and will not be covered by the landlord.  Additionally, any action of negligence, ignorance of contract obligations, willful contract violations, or willful disruptions on the part of the tenant that require a property manager or landlord to make an unplanned service call to the unit/tenant will result in a $40 fee plus any additional costs incurred (e.g., meeting with police for disturbance calls). This fee can be applied each time the property manager is required to visit the unit/tenant even for the same purpose or cause.  If the reason for the physical visit is not tied to a single tenant, the fee will be split among all tenants from that unit (e.g., stopped utilities due to tenant transfers).

 

17. EVICTION: If a tenant is in breach of contract, they may be evicted by the landlord at any time. For financial evictions, they will receive a 3-day-to-pay notice on their door indicating the amount owed and possible eviction date. If payment in full is not made by the date indicated, the tenant will be evicted. For non-financial evictions (contract violations) no notice is required to evict the tenant. In the case of eviction, the tenant will be charged a $150 processing fee, they will forfeit their security deposit, they will be evicted from the unit, and will be sent to collections for the full amount due (fees and security deposit forfeiture does not count towards owed amount).

 

18. COLLECTIONS: Should collections become necessary, the tenant agrees to pay all costs of collections including an additional collection fee of 40% the amount owed whether or not the account is turned over to an outside collections agency. The tenant also agrees to pay all court costs and attorneys fees should legal action become necessary.  A tenant can be sent to collections at anytime after rent/fees become delinquent (which is anytime past the rent/fee due date) and will be sent to collections at the landlord’s discretion.

 

19. FURNISHINGS: All units come furnished with the following: [KITCHEN: 1 Fridge (with Freezer), 1 Stove/Range, 1 Microwave, 1 Sink with Disposal, 1 Kitchen Table and chairs for all tenants.  LIVING ROOM: Seating for all tenants, 1 Coffee Table or End Table. BEDROOM: 1 Bed Frame, 1 Mattress, 1 Desk, 1 Dresser, 1 Chair, Window Coverings for Privacy.  BATHROOM: 1 Toilet, 1 Sink, 1 MirrorMISC: 1 Vacuum.]  Any additional furnishings in the unit (e.g., television, additional seating, extra tables, chairs, appliances, etc.) have been provided for your comfort and convenience, and you will still be held accountable for any damage or loss to those items.  These items are not guaranteed to be maintained or replaced by the landlord and may be removed by the landlord from the unit without replacement.  Tenants shall provide a mattress pad for use on their own bed.  Fireplaces (if any) are for decoration and are not operational.  If the unit contains a Jacuzzi tub, Landlord does not guarantee that the water jets will be operational.  A vacuum will be provided and must be kept emptied of dirt and hair. All furniture is to remain inside the unit and may not be removed to accommodate personal items.  Tenant will be charged a service call to return or put back inside any furniture removed by the tenant.  If additional furniture is brought by the tenant and not removed at checkout, the furniture will be disposed of according to Utah law – and charged cleaning charges for processing/removal of the furniture.

 

20. CONSUMABLES:  Tenants will be responsible for replacement of vacuum bags & belts, light bulbs (60 watt max unless otherwise indicated – vanity lights are to be replaced with matching vanity bulbs), batteries (especially in smoke detectors), furnace filters and other consumables.  Tenants are required to check the operation of the smoke detector monthly and replace battery every 6 months. (Disarming/tampering with the smoke detector shall result in a $25 charge per person plus cost to replace the smoke detector. This includes removing but not replacing the battery when it is beeping.  Contact landlord immediately for any problems with detectors.) Furnace filters should also be replaced at least every 3 months.  If the landlord replaces any consumables for the tenants, the item cost plus service fees will be charged to the tenants.

 

21. GARBAGE: Tenants are not allowed at anytime to store garbage or personal items outside the unit in any area other than garbage receptacles.  The HOA will remove any trash found outside an apartment and charge the landlord.  If this occurs, a $35 fee will be divided among all tenants unless a single tenant takes responsibility.  

 

22. MOLD & MILDEW: Tenant agrees to defend, indemnify and hold harmless the owner and MPP against any and all claims, actions, causes of action, demands, liabilities, losses, damages, and expenses of any kind, including agents, managers and affiliates as a result of or arising out of growth or proliferation of mold or mildew caused by actions or negligence of tenant or any guest or occupant living within the premises – current or prior.  Tenant further agrees that owner and MPP shall not be liable for any damages caused to tenant, tenants’ guests, occupants, or any property within the premises resulting from mold and mildew.

 

23. STORAGE: There are absolutely no storage areas available on the property for anyone but current tenants.  Any items left by departing tenants shall be disposed of in accordance with Utah Law. Storage areas must be kept neat and orderly and no storage is allowed in closets containing water heaters or furnaces.  No storage is allowed in parking areas, patios and balconies or anywhere outside the unit.  Only approved patio furniture & pool toys are allowed on patios and balconies.  Neither bicycles, water-beds, skateboards nor other items that could foresee-ably cause excess damage are permitted in the unit at any time without written permission form the landlord.  Unoccupied/Vacant bedrooms may not be used for storage under any circumstances.  Any items found being stored in unoccupied/vacant bedrooms will be removed, and the responsible tenant will be assessed a $35 fee, plus service charges for removal of the items.

 

24. SELLING CONTRACTS – If tenant intends to sell their contract, they must begin by filling out the “Intent to Sell” form located at www.myprovoproperty.com/intent-to-sell.   A $70 transfer fee will be charged for all contracts sold or terminated to cover all expenses associated with contracts, check-in, and assessing the suitability of potential tenants.  If the tenant wishes the landlord to advertise/attempt to sell their contract, or if the contract is terminated and must be re-sold, an advertising fee of $50 will be charged in addition to the original $70 fee (this does not guarantee the contract will sell or release the tenant of their obligations). If a tenant submits the intent to sell document but decides not to sell their contract, $40 of the $70 will be refunded to the tenant. All new tenant candidates are required to fill out the rental application at www.myprovoproperty.com/apply and be approved by the landlord, a process which will normally take up to 5 days for background and reference checks.  The landlord will then provide a transfer of lease document to be filled out by all parties involved, and the new tenant will need to complete a rental contract issued by the landlord.  Normal check-out procedures will be conducted with the tenant (including cleaning checks and key returns), and deposit refunds will be processed as usual.  During this process, tenant agrees to facilitate the landlord in showing their condo and keeping it in an orderly state.  Tenant may not transfer their security deposit to the incoming tenant.  Tenant is responsible for all rent and utilities until contract is sold and tenant receives a copy of the signed transfer of lease document.  Any attempt to sublease without approval of landlord shall result in breach of contract, termination, forfeiture of the security deposit and the tenant will be assessed a $200 fee.  

 

25. TERMINATION NOTIFICATION:  MPP requires the tenant to provide written notice as per item #23 in the BYU Contract stating their anticipated graduation/internship/mission/marriage date by filling out the “Intent to Sell” form located at www.myprovoproperty.com/intent-to-sell. The tenant also agrees to obtain written notice from their BYU advisor on BYU letterhead verifying their graduation/internship date from BYU, a valid marriage licence, or a copy of the mission call.  The 120 days will begin once written verification from BYU has been received.  If the tenant has submitted their notice, they understand that their security deposit will be forfeited, their contract will be sold on a first-come first-served basis, and their contract will end 120 days from submission (or date indicated if submitted more than 120 days before termination) regardless of any changes in tenants plans.

 

26. UTILITIES: Utility bills are the responsibility of tenants equally. The only utility which will transfer into the name of the tenant is the optional service from Google Fiber, all other utilities will remain in the name of the landlord. The landlord will divide all utility charges equally among the tenants and add the amount due to their online accounts (plus a $2 per bill per student per month processing fee). Utility payments are added to monthly rent payments and all policies regarding late rent payments also apply to late utility payments. Landlord may provide a modem, router, or TV, in such cases, this is a courtesy to the tenant and tenant is responsible for setting up or technical support and/or maintenance of unit and for any damage to the items. Basic Google Fiber is free to the tenants, though a tenant must sign up for the service to receive the necessary equipment. Tenant is responsible for hiring a qualified service provider for the lighting of pilot lights. If tenant requests landlord to light pilot light a $25 fee will be charged for service.  

 

27. WINTER CONDITIONS: It is imperative that the heat in the unit stay at 65 degrees or above during cold periods.  Any damage caused to the unit by the heat being turned down too low, or off, during periods when the outside temperature is cold enough to cause freezing, shall be the responsibility of the tenant.  Tenant agrees to inform the landlord if the unit will be vacant for an extended period of time.

 

28. HOA/BYU RULES: – Tenant is subject to the rules and regulations of the unit including, but not limited to, home owners association rules and BYU rules.  Tenants shall be responsible for fines resulting from not complying with these rules.  Tenant is encouraged to call their HOA with questions regarding home owners rules and regulations and the BYU Off-Campus Housing office (801-422-1513) with any questions regarding BYU policies. The Old Mill HOA has specifically asked us to include here that BBQs or grills are not allowed to be used in the unit, on the balconies, or within 10 feet of any building – there are grills available for tenants near the north building.

 

29. ACCESS TO CONDO: Tenant agrees to cooperate in all reasonable ways including cleanliness and being cordial to prospective tenants in assisting landlord to lease the unit.  The tenant also agrees to grant access to prospective tenants & service professionals in order to view/repair the unit during reasonable hours and in accordance with paragraph #19 of the contract.  Repair and service professionals may have access and keys to the condo when needed.  Prior notice will be given in advance to their arrival when possible, however repair requests and emergency situations may result in shorter than normal or no notice to tenants.  If bedrooms are locked during any visit by cleaners, repairmen, or the landlord, tenant may be charged a $25 re-scheduling fee for the services intended to be performed.  

 

30. DAMAGE LIABILITY: MPP and Landlord will not be liable for any damages or losses to person or property caused by any tenant or any other person including, but not limited to, any theft, burglary, assault, vandalism or other crimes.  MPP shall not be liable for personal injury or for damages to or loss of tenant’s personal property (furniture, jewelry, clothing, etc.) or tenant from fire, flood, water leaks, theft, rain, hail, ice, snow, smoke, structural or electrical problems, explosions, interruptions of utilities or acts of God.  MPP strongly recommends that tenants secure renters insurance to protect against all of the above occurrences.  Because of the nature of student housing, MPP does not guarantee the reputation or conduct of any tenant.  Tenant is responsible for their own safety and is encouraged to secure personal property and valuables.  MPP shall not be liable for any actions of any tenants.  

 

31. DIGITAL NOTIFICATIONS: The tenant agrees to allow MPP to use electronic means of contact (e-mail, text and phone calls) for legal notices, contract amendments, payment plans, notices of disciplinary action and all other legal issues.  The tenant also hereby agrees that all electronic communications made to MPP on behalf of the tenant will be considered legally binding, as if signed in person (e-mail and text).  MPP will not reimburse tenants for costs for any digital communication, and is not responsible for fees or problems resulting from delayed notifications due to incorrect contact information given to landlord.  

 

32. SECURITY DEPOSIT TERMS: In the case of forfeiture of security deposit for any reason mentioned in this contract, “security deposit” will include both the initial deposit indicated on the contract as well as the first and last months payment made in advance of tenancy.  Any fees, charges, or penalties incurred concurrent with or after the forfeiture of the security deposit will be charged directly to the tenant and will not be deducted from the forfeited security deposit. Deposit refunds may be delayed due to cleaning and damage repairs, and will be issued within the reasonable timeframe after the final utility bill is received.  In the case of a tenant selling their contract, if the new incoming tenant is dissatisfied with the cleaning, the security deposit refund may be delayed until a resolution is made. If the deposit statement and/or refund is lost in the mail, tenant assumes responsibility for the stop payment fee if a new check is issued – please be sure your forwarding address is correct to avoid this problem. Any charges/fees that exceed the security deposit amount after check-out will be billed directly to the tenant. Unpaid fees will be sent to collections.

 

33. FEE TERMS: All fees/charges incurred by the tenant during the term of tenancy will be charged directly to the tenant account and must be paid within 30 days. Fees that are not paid within 30 days may be subject to late fees of $5 per day and may be cause for eviction.

 

34. PAYMENTS: My Provo Property DOES NOT accept physical cash or check payments via the mail or in person. This is mainly due to liability issues that arise from not having a digital trail attached to a rent payment. You have two payment options availble – fee free with Venmo, or with a 3.5% convenience fee through PayPal. You can make payments through your online portal at myprovoproperty.com, or through Venmo @myprovoproperty.

 

35. DISPUTE: Tenant agrees to first contact MPP in writing regarding any disputes with maintenance, tenant issues, rents, or any other general issues with regards to the contract or property.  Tenant agrees to communicate in good faith when meeting with MPP.  If no agreement between tenant and MPP can be met, then said issue may proceed to BYU Center for Conflict Resolution.

 

36. RELEASE OF INFORMATION: MPP may release tenant contact information (name, phone number, email address) to any of tenants’ roommates (current or future), anyone interested in purchasing tenant’s contract, HOA managers, etc.

 

37. AGREEMENT: This rental agreement and this addendum contains the entire agreement of the parties and shall not be affected by any agreements or representations whether written or oral, not contained herein with the exception of any future modifications made in writing and signed by landlord only.  In Paragraph 23 – Student refers only to BYU students.  This agreement shall be a binding contract between the landlord and tenant.  This agreement shall be governed by and construed in accordance with the laws of the State of Utah.

 

38. TENANT INFORMATION:  Deliberately filling out incorrect information on the rental application (or communicating false information to the landlord) will result in loss of security deposit and a fee in the amount equal to one months fall/winter rent and may be grounds for eviction.  By signing below, I affirm that all information I have provided is correct.  I also hereby grant my permission for MPP to contact me via the following methods at the following numbers and addresses (for business communications only) :

 

                   Phone and Text :                       E-mail :   

 

DO NOT SIGN UNTIL YOU HAVE READ AND UNDERSTAND THESE TERMS

 

I have read and understand this agreement and promise to abide by the conditions set forth in the agreement.  I understand that this is a legal and binding document.  

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Document name: Rental Contract and Addendum 2020 - 2021
Unique document ID: 59b5e41a4dba4df56198dd1e58052231ecdaa5c6
Status:
    January 21, 2020
    11:01 am MSTRental Contract and Addendum 2020 - 2021 Uploaded by Shalisa Larson - accounts@myprovoproperty.com IP 76.23.24.121