Tenant agrees that the University shall have the right to temporarily stop the service of gas, electricity, heating of water, heat, basic cable, Internet, or water in the event of an accident affecting the same, or to facilitate repairs of alterations made in the house or elsewhere. University agrees to give Tenant notice of a stoppage when it is reasonable to do so.
5. DELIVERY OF POSSESSION BY OHIO UNIVERSITY
If, due to circumstances beyond the University’s control, the house shall not be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent shall be abated proportionately until the house is ready, and the University shall not be liable for any expenses incurred by the Tenant because of the non-availability of the house.
6. DAMAGE BY FIRE
If the house is damaged by fire or other casualty, the University shall repair it within a reasonable time and rent shall continue unless the casualty renders the house untenantable in which case this lease shall terminate and Tenant, upon payment of all rent to the date the house is surrendered, shall not be liable for any further rent. If only a portion of the house is rendered untenantable, the Tenant may with mutual agreement of the University choose to continue in possession, or terminate Tenant’s obligation under this lease agreement.
7. OHIO UNIVERSITY’S LIABILITY
Tenant agrees that the University shall not be liable for personal or other property damage or personal injury occurring in the house or on or about University property or grounds upon which the house is located regardless of cause unless the damage or injury results from the University’s negligence. Tenant is advised that Tenant should, at Tenant’s own cost, purchase Renter’s Homeowner’s Insurance. Tenant acknowledges that University does not carry any insurance on Tenant’s personal possessions. Ohio University neither insures nor is responsible for loss or damage to student personal property. Low deductible, low cost insurance for student property is easily located on the Internet by searching "student personal property insurance" or by contacting your insurance agent.
8. RIGHT OF ENTRY
The University, or any person authorized by it, with the prior consent of the Tenant obtained at least twenty-four (24) hours in advance, shall have the right to enter the house at a reasonable time to inspect, make ordinary and necessary repairs, decorations, or alterations, to enforce this lease, and, after notice of termination is given, to show the house to prospective tenants. However, Tenant’s consent shall not be necessary in case of emergency. Tenant shall not unreasonably withhold consent for the University to enter the house. Requests by Tenant for maintenance or housekeeping waives the 24 hour notification.
9. REASSIGNMENT OF TENANTS
Tenant agrees that the University shall reserve the right to reassign any and all Tenants of the house to new units, in the event of a conflict between tenants or necessity due to maintenance problems. Tenants cannot refuse reassignment. Reassignments will only be completed in extreme circumstances and with as little inconvenience to the Tenant as possible.
10. REMEDIES FOR DEFAULT
If tenant shall fail to pay rent, or any other sum, to the University when due, or breach any other provisions of this lease, or shall abandon the premises, the University may, in addition to all other remedies provided by law, including actions of eviction, void and terminate this lease, re-enter into possession, and sue for and recover all rent or damages due the University resulting from Tenant’s default.
11. LEASE VIOLATIONS AND TERMINATION OF LEASE
If any of the representations made by Tenant in Tenant’s lease application or this Lease Agreement are misleading or untrue, or if Tenant or Tenant’s family guests or guests violate any provisions of this lease or any rule or regulation herein imposed, or if Tenant violates the Ohio University Student Code of Conduct, then University may treat such representations or lease violations as a breach of the lease agreement and forfeiture of Tenant’s possession of the premises may be initiated. The University may require Tenant to vacate the premises following a hearing in which the University determined that the Tenant violated a term of this lease agreement or violated the University’s Code of Conduct or other policies or procedures prior to the hearing. The Tenant shall receive written notice of the alleged violation or breach of the lease and the Tenant will be given an opportunity to be heard at the hearing.
12. COMPLIANCE WITH RULES AND REGULATIONS
Tenant, Tenant’s family, agents, and guests shall observe and comply with the University Student Code of Conduct and rules and regulations set forth below in this lease, and such other rules and regulations that the University may adopt.
A. Tenant is expected to work in conjunction with the Office of Sustainability on projects that are designed to create a sustainable living and learning environment.
B. Tenant agrees to permit and conduct tours of the house and the surrounding property throughout the development of the project. New initiatives will occur constantly, thus the tours and educational opportunities will be developed on a continual basis.
C. If the house is found to be over occupied, a termination of all lease agreements will be made within a prescribed amount of time not less than 30 days.
D. Tenant is responsible for the care and preservation of all University-owned property in the house. This includes, but is not limited to: furnishings, stove, refrigerator, blinds, counters, etc.
E. Tenant must assist and cooperate with the University maintenance department in caring for the premises. Any damage to the dwelling or its facilities or equipment should be reported promptly to the University Apartments Offices. The University will make all alterations, additions, changes or repairs to the house and to its equipment. Failure to report a maintenance problem could show negligence on the part of the Tenant and result in cost for repair to be levied against the Tenant.
F. Tenant is expected to take every precaution to prevent fires. Tenant may not cover or remove batteries to disconnect smoke detectors. The University is not liable for any loss, claim or damage to personal property of the Tenant resulting from fire or an act of God. Tenant may be held liable for fire damage caused by tenant, family, or guests.
G. The tenant is responsible for the cleanliness of the house, as well as for the adjacent porches and sidewalks. Bicycles must be registered with OUPD and are not to be attached to the railings, down spouting or left in front of the house. No other furnishings (couches, easy chairs, carpets, laundry items, sundry items, etc.) should be left in front of the house. Clothes should not be hung on railings or shrubbery.
H. Rubbish must be disposed of in the appropriate trash receptacle designated for the houses. Trash is not to be left sitting outside of the house. Personal trash containers are not to be left outside by Tenants. Tenants will be warned once about leaving trash setting outside, and each infraction after the initial time will result in a fine of $25.00.
I. Boisterous parties or other activities which may disturb other Tenants of the houses are not permitted. Quiet hours are in effect at all times. The definition of quiet hours for houses is that no noise should be able to be heard outside the house.
J. Tenants may use only those locks furnished by the University. A lost key will result in a lock change and a replacement charge will be assessed.
K. Tenants may not:
a. Cover, remove batteries, or disconnect the smoke detectors.
b. Affix wallpaper to the walls or put decals, scotch tape or any other adhesive material, which leaves a mark on the wall or door.
c. Adjust, tamper with, or alter any mechanical, electrical or plumbing equipment furnished by the University.
d. Keep pets, including cats, dogs, or other animals on the premises. A fee will be assessed and immediate removal of the pet will be mandated.
e. Put additional clotheslines on the premises.
f. Solicit funds for any drive or pursue any business on the premises without the written approval of an Ohio University Administrator.
g. Lease the premises or accommodate roomers, boarders, or relatives.
h. Have a washer, dryer, satellite, portable AC or heater, or dishwasher in the house not supplied by OU. If appliances are found to be in the house, Tenants will be fined $200 and the lease may be terminate
i. Disregard written University policies as detailed in the Student Code of Conduct.
j. Keep water-containing furniture in the premises; store, install or operate unvented portable kerosene heaters; obstruct common areas with their personal property.
k. Smoking is not permitted inside the house or in any structures on the property.
L. Tenant who graduates or leaves Ohio University prior to the end of the lease year are permitted to terminate their lease with a 30-day advance notice to the office. If less than 30 days is provided, rent will be charged to the date required for 30-day notice.
M. Tenants must check-out with the manager when vacating their house. Failure to check out will also result in a $25 charge. You will need to allow at least one-half hour for check out. If occupant checks out of their house during a weekend, they must make advance arrangements with the Bromley Hall Office. Check out times are between 8:00 a.m. and 4:00 p.m. only.
N. All appropriate keys, issued to the Tenant when occupying the house, must be returned to the manager at the time of check out. Tenants who do not return all keys signed out to the house will be charged for a lock change for security reasons.
O. Tenant must give their forwarding address to the office at the time of, or prior to, the time of check out in order for the security deposit to be refunded. Refunds will not be processed the same day as check out.
P. Tenant must clear their Housing accounts with the Bursar’s Office and present proof of payment before vacating the premises.
Q. Tenants found in violation of state, city, or University regulations will be required to correct the problem(s). If infractions continue to exist, occupants may have the lease terminated or have fines levied against them. Fines will not exceed $50.00 per infraction.
R. If Tenant or Tenant’s agents and/or guests engage in, permit or commit any drug related crime on or about the premises, Tenant will be deemed to have substantially and materially breached this Lease Agreement and such breach shall be grounds to immediately terminate Tenant’s occupancy of the premises.
S. University has installed at least one smoke detector in the premises and that said detector is in good condition and proper working order as of the beginning of the lease term. Tenant agrees not to obstruct or tamper with said detector or otherwise permit the detector to be obstructed or hampered with for any reason whatsoever. Tenant further agrees to test the detector periodically and to report any malfunction therewith promptly to University.
This is a furnished house. Each entry door and bedroom door is equipped with a deadbolt. Under no circumstances may tenant change any of the locks on the premises. Furniture may be arranged to suit the comfort of the occupants, The University’s furnishings may never be stored nor removed from the house without the approval of the Ohio University Housing.
QUARTERLY INSPECTION OF HOUSE
T. University apartment personnel will conduct an inspection of the house on a quarterly basis. The resident will be notified of the date at least 24 hours prior to the inspection. The items to be inspected include but are not limited to: kitchen, bathroom, stove, refrigerator, blinds, windows, tile walls, cabinets, use of electrical outlets, heating fixtures, and sanitary conditions of the house. If the resident fails to pass the quarterly inspection, he/she may be subject to monthly inspections.