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 shall 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 $299/year contract would become (8 months at $329/month) and Spring/Summer (4 months at $239/month). Tenant may not use their security deposit for bringing the “equal pay” current.
4. LATE FEES: A $25 late fee shall 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 to late fees). If late rent has not been paid by the 2nd day of the following month and the tenant has not made an alternate payment agreement with the landlord, the tenant will receive a 3-day-to-pay-or-evict notice. If the tenant does not pay by the deadline on the notice, they will be assessed a $150 processing fee, forfeit their security deposit, be evicted, and be sent to collections for the full amount due (fees and security deposit forfeiture does not count towards owed amount).
5. RETURNED CHECKS / INVALID PAYMENT: A $25 fee shall 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.
6. COLLECTIONS: Should collections become necessary, the tenant agrees to pay all costs of collection including an additional collection of 40% whether or not the account is turned to an outside collection 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.
7. 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 form is available from BYU Off-Campus Housing or tenant may use their own.
8. CHECK-OUT PROCEDURES: Each tenant must complete all check-out procedures:
- 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.
- An incomplete check-out packet or any missing items (keys, parking passes, forms) will result in a $15 fee.
- Cleaning assignments must be completed by the checkout time referenced above. Normal cleaning check rules and fees apply.
- 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.
- Tenant must provide landlord with a self-addressed, stamped envelope if they wish to receive their security deposit refund.
- Power and utilities are to be on at least 72 hours past the end of the contract. Otherwise, tenant will be charged re-connection fee.
- Tenants remaining without permissions after the check-out time, shall be considered unapproved overnight guests.
- Deposit refunds may be delayed due to cleaning and damage repairs. When tenant is selling 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 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.
9. INSPECTIONS: Each tenant has the responsibility for keeping their own living quarters reasonably clean, and has responsibility for keeping a specific area of the common living quarters reasonably clean. 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 on inspection will warrant a minimum 2-day cleaning notice and a $15 re-check fee. If the unsatisfactory condition is not remedied to a reasonably clean condition within the re-check period, the manager may hire cleaners (recent cleaning rates have been as high as $50-$80/hour) with a one hour minimum, to clean the unsatisfactory items, at the tenant’s expense. 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.
10. 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 can be obtained by filling out a parking rules contract which is available from the HOA (or your landlord in the case of Old Mill). Vehicles without a pass will be towed at owner’s expense. Replacement passes or passes not returned upon contract termination are $35. 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.
11. KEYS: 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 may 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. If any key is broken, the tenant must turn in the key and will be charged with the replacement of that key, normally a $5 charge.
12. 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 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.
13. OVERNIGHT GUESTS: In accordance with paragraph 17 of the contract there shall be a $20 per-night charge for each guests who stays overnight. If a guest is found in the unit without notice and written consent of the landlord and the other tenants in the unit, 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.
14. 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 temporally) by a tenant will be charged $25/day plus cost of clean up and damage to unit to bring property back to original condition.
15. SCREENS: 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. WALL HANGINGS: 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.
17. 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.
18. 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.
19. SERVICE CALLS: All Maintenance requests are to be in writing and submitted to landlord via email or via our website at www.myprovoproperty.com. A service request counts as permission for the landlord to enter the unit and bedrooms affected, though more advanced notice will normally be given. 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).
20. 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 Mirror, 1 Towel Rack, 1 Toilet Paper Holder. MISC: 1 Vacuum.] Any additional furnishings in the unit (ie.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 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. 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, tenants will be charged equally the cost of removal.
21. 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. Furnace filters should also be replaced at least every 6 months. If the landlord replaces any consumables for the tenants, the item cost plus service fees will be charged to the tenants.
22. SMOKE DETECTORS: 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.
23. 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.
24. 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. 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.
25. 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.
26. 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 shall 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). All new tenant candidates are required to fill out the rental application at www.myprovoproperty.com/apply and be approved by the landlord. 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.
27. GRADUATION/INTERNSHIP NOTIFICATION: MPP requires the tenant to provide written notice as per item #23 in the BYU Contract stating their anticipated graduation/internship 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. 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.
28. UTILITIES: Utility bills are the responsibility of tenants equally. It is suggested that EACH tenant sign on the utility contracts for equal responsibility. Tenants shall sign up for utility service by the first day of occupancy. It is the tenants responsibility to make sure that utilities are signed up for and connected, landlord is not responsible or liable for service interruptions or delays of any utility. A $25 handling fee per unit will be assessed on each utility bill received and processed by landlord. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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. Additionally, if the security deposit drops below $150 during the contract term, all fees, charges and penalties incurred may be charged directly to the tenant and subject to the rent schedule for due dates and late fees. Any action that causes a breach of contract will be grounds for automatic termination of contract and forfeiture of security deposit plus first and last month’s rent.
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, wards, 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.