UC SAN DIEGO ASSOCIATED RESIDENTIAL COMMUNITY HOUSING RENTAL AGREEMENT
PRIMARY RESIDENT:
ADDITONAL RESIDENT(s):
DOB:
PID:
hereinafter referred to as "Resident(s)," agrees to occupy the following apartment, according to the terms and conditions of this Agreement: 4043 A Miramar Street, La Jolla, CA 92037,
hereinafter referred to as the "Apartment" and agrees to faithfully and fully perform and observe all terms and conditions of this Agreement and the Regents of the University of California,
hereinafter referred to as the "University", agrees to permit Resident(s) to so rent and occupy the Apartment.
IN CASE OF EMERGENCY PLEASE NOTIFY:
PHONE:
1. ELIGIBILITY:
Resident(s) must comply with eligibility requirements, as defined by the University in the Mesa Residential Apartments Handbook, which is incorporated herein by reference. Failure to
meet the eligibility requirements is grounds for forfeiture of this Agreement but does not act as a waiver of any sums due under this Agreement.
2. TERM: MONTH TO MONTH
For occupancy commencing on 09/01/2008 and continuing on a month-to-month occupancy thereafter. Resident(s) is financially liable for the entire term of this Agreement unless officially
released by the University in writing.
3. RENT AND FEES:
a) Resident(s) shall pay the University the sum of $768.00 per month or $384.00 if Resident(s) has an eligible roommate as defined by the Mesa Residential Apartments Handbook.
Payments are due on the first day of each month without demand or billing at the University of California, San Diego Central Cashier’s Office, Mail Code 0009, 9500 Gilman Drive, La Jolla,
California 92093-0009. Checks are to be made payable to "UC REGENTS".
b) For periods of occupancy within any calendar month, but less than the complete calendar month, the rent shall be 1/30th of the total monthly rent for each day of occupancy.
c) Rent that is not received in the Central Cashier’s Office by the fifth day of the month is subject to a late charge of $20.00 as liquidated damages. Delinquency in payment will result in
the student being barred from registration and/or legal action.
4. ADJUSTMENT OF RENT:
The University may raise or lower the rental rate in accordance with applicable law. Notwithstanding any other provision the University shall have the right to raise or lower the rental rate
upon thirty (30) days’ prior written notice.
5. DEPOSIT:
Resident(s) shall pay a $100.00 deposit to the Regents of the University of California at the time this Agreement is executed. This sum will automatically be applied as a security deposit
upon occupancy by the Resident(s). It is understood and agreed that it would be impractical and extremely difficult to ascertain the amount of actual damages the University might sustain
if Resident(s) cancels the Agreement prior to 12:01 a.m. on the Agreement start date stated in Section 2. TERM. In the event that the Resident(s) cancels the Agreement, the $100.00
sum is expressly agreed upon as a liquidated damage amount, which is presumed to be the amount of damage sustained by the University, and is not intended by either party to be a
penalty. Upon termination or expiration of this Agreement the $100.00 deposit is refundable to the Resident(s) within twenty-one days after Resident(s) vacates the premises after
deducting from it any amounts allowed by law, including outstanding financial obligations to the Housing and Dining Services Operations such as: a) Unpaid rent, and b) Expense for
repairs other than normal wear and tear, and c) Expense for cleaning, and d) Any other expense for fees or charges pursuant to this Agreement. Deposits are in addition to rent owed
under this Agreement, and deposits may not be deducted from rent owed. The deposit held by the University may be commingled with other funds held by the University and the
University shall be entitled to any and all earnings and interest. Resident(s) shall also notify the University in writing of the address to which any refund from deposit is to be sent by the
University.
6. LATE PAYMENT, RETURNED CHECK, CANCELLATION, TERMINATION CHARGES:
It is understood and agreed that it would be impractical and extremely difficult to ascertain the amount of actual damages that the University would sustain by reason of a late payment,
returned check, cancellation, or termination, in breach of this Agreement; therefore, whenever this Agreement refers to those charges, the sum stated is expressly agreed upon as
liquidated damage which is presumed to be the amount of the damage sustained by the University, and is not intended by the parties to be a penalty. Checks that are returned to the
Housing and Dining Services Administration by the bank upon which they were written will be subject to a Returned Check Charge. The check must be bought back from the Housing
Cashier by paying the Housing Cashier in cash, cashiers check or money order in the amount of the returned check plus the Returned Check Charge.
7. OCCUPANCY:
Resident(s) agrees to use the Apartment solely as a full-time private residence for Resident(s) and Resident(s)’s occupants named on this Agreement and shall be occupied by 1
person(s) of 18 years or older and 0 person(s) under the age of 18 years. No other person or persons may occupy the premises for more than two weeks without the prior written consent
of the University. Resident(s) cannot assign or transfer this Agreement or sublet the premises without prior written permission from the Residential Services Office. Any changes in
status, including but not limited to, marriage, divorce, legal separation, loss of child custody, or birth/adoption of children must be reported in writing to the University. Resident(s)'s
eligibility for University housing may be affected by status changes and/or failure to notify the University of these changes.
8. UTILITIES:
Gas, water, sewer, trash and electricity for the outside lighting and common facilities is included in the rent. All electricity inside the Apartment is the responsibility of the Resident(s).
9. KEYS:
Keys are given to Resident(s) upon move-in. Apartment and mailbox keys are not to be duplicated. It is a violation of the student conduct code and University policy to duplicate
University keys and violators will be subject to disciplinary action. Additional locks or dead-bolts are not to be installed by Resident(s). In the event of a lost, stolen, or misplaced apartment
key, the lock will be changed at a charge of $100. Charges are subject to change without notice.
10. MULTIPLE RESIDENTS:
If there is more than one Resident(s) residing in the Apartment at Coast, La Jolla Del Sol, Mesa Residential or One Miramar Street Apartments:
a) When only the secondary Resident(s) is vacating the Apartment, the secondary Resident(s) is responsible for his/her share of the rent through the Thirty (30) Day Notice of Intent to
Vacate period. Thereafter, the primary Resident(s) becomes responsible for the total monthly rent until a new Resident(s) moves in.
b) When only the primary Resident(s) is vacating the Apartment, the secondary Resident(s) may remain in same Apartment and change status to primary Resident(s) if the secondary
Resident(s): (i) has resided in same Apartment no less than twelve months, (ii) meets all the University eligibility requirements, (iii) has complied with the conditions of residency as
outlined in the Agreement, (iv) pays a security deposit of $100.00, (v) signs a new Rental Agreement, and (vi) agrees to be responsible for the total monthly rent until a new Resident(s)
moves in. If the secondary Resident(s) does not meet these conditions, the secondary Resident(s) must vacate the Apartment with the primary Resident(s).
c) Any Resident(s) may give notice to the University provided for by this Agreement, and such notice shall bind all other Resident(s) appropriately.
d) Any notice to be given by the University to Resident(s) pursuant to this Agreement may be given to any such Resident(s).
e) Each Resident(s) shall remain bound to all the terms and conditions of this Agreement until it is terminated or until the University releases a Resident(s) in writing.
f) University reserves the right without cause to terminate the tenancy of all Resident(s) and/or not allow a change of primary under the provisions of the Agreement.
11. TERMINATION:
Resident(s) hereby agrees that University may terminate Resident(s)’s tenancy under this Agreement upon thirty (30) days’ written notice for any Resident(s) who has resided in the
Apartment for one year or less and sixty (60) days' written notice for any Resident(s) who has resided in the Apartment for more than one year. The University may serve any of the
following applicable three (3) day notices in the event of a breach of any term of this Agreement by Resident(s): Notice to Pay Rent or Quit, Notice to Perform Covenant or Quit, or Notice
to Quit. Service of any of the foregoing notices does not relieve Resident(s) from the obligation to pay rent. Resident(s) must submit a Notice of Intent to Vacate thirty (30) days prior to
the move-out date.
12. HOLDING OVER:
Resident(s) agrees to vacate the Apartment on or before midnight on the last day to which Resident(s) is entitled possession of this Apartment. Any holding over after the expiration of the
term of this Agreement, without the prior written consent of the University, is unauthorized, and Resident(s) shall be liable to the University for treble rent as damages.
13. ABANDONMENT:
If the University determines that the Apartment has been abandoned, it may dispose of any property remaining in the Apartment or the premises as allowed by law, and Resident(s) shall
be liable for any costs incurred by the University in disposing of said property, including, but not limited to, storage costs. Abandonment does not relieve Resident(s) of the obligation to
pay rent.
14. PERSONAL PROPERTY:
a) The University and its employees and agents assume no responsibility for the loss, theft, damage or destruction to the Resident(s)’s personal property kept in the Apartment or any
location on the premises from any cause whatsoever. The University strongly recommends that each Resident(s) maintain personal property insurance on his/her belongings.
b) The Resident(s) agrees that personal property left in the Apartment or on the property after the expiration or termination of the Agreement shall be disposed of in accordance with Civil
Code Section 2080.8.
15. ENTRY OF APARTMENT BY THE UNIVERSITY:
Resident(s) agrees to permit the University to enter the Apartment for inspection purposes, and for any reason allowed by law, including the following:
a) In case of emergency; or
b) To make necessary or agreed repairs, inspections, alterations or improvements, supply services required to maintain the building; or
c) When Resident(s) has abandoned or surrendered the Apartment; or
d) To show a prospective Resident(s); or
e) Pursuant to a Court Order.
Except in cases of emergency, the University will give Resident(s) twenty-four (24) hours notice of planned entry.
16. COMPLIANCE WITH UNIVERSITY RULES:
The Resident(s) is required to abide by all University policies and rules applying to campus activities, organizations, students, alcohol, smoking, and firearms. The Resident(s)
understands that the University may take appropriate action, including termination of this Agreement, for conduct which is found by the University to be in violation of any such rules,
including, but not limited to, policies noted in the Mesa Residential Apartments Handbook, or conduct which is otherwise detrimental to the welfare of the Resident(s), employees or the
physical properties of the University.
17. VACATING THE APARTMENT:
Resident(s) shall vacate the Apartment immediately upon cancellation or termination of this Agreement. Resident(s) shall return the Apartment in the same condition which Resident(s)
received it, other than normal wear and tear as determined by the University, and must complete the established Apartment check-out procedures through the Mesa Residential Office.
Vacating the Apartment without completing the established Apartment check-out procedures shall result in the Resident(s) being charged treble rent until such time as such procedures
are completed.
18. CONDUCT OF RESIDENT(S):
Resident(s) agrees to abide by all University rules now in effect or put into effect from time to time and hereby acknowledges the receipt of University rules. Any amendment of the
University rules shall be effective ten days after posting in any central area of the premises or delivery to the Apartment rented by the Resident(s). However, any University rule
concerning safety or the safety of others or the use of recreational facilities shall be effective immediately without notice. Resident(s) agrees to be financially responsible for the actions of
their minor Resident(s) or minor’s guest(s) and for supervision of them, so as to prevent harm to them or to other minor aged person(s) or damage to property. Resident(s) are responsible
for the activities of their guests and all guests should be accompanied by a responsible Resident(s). Resident(s) shall not permit the Apartment or common areas to become unclean or
disorderly, annoy, harass, endanger, or inconvenience any other Resident(s), commit waste, create a nuisance or disturb the peace or solitude of any other Resident(s) or conduct any
activity in the Apartment or anywhere on the premises, or permit such acts to occur, that is in violation of any ordinance, statute, or regulation of any government agency having
jurisdiction.
19. COMMUNITY RESPONSIBILITY:
As a Resident(s) of the Mesa Residential Apartments, you are in a University group living situation in which Resident(s) are assigned apartments. Resident(s) agrees to respect the rights
of other Resident(s) and to conduct him/herself in a manner conducive to a harmonious living environment as determined by the University. The University may terminate this Agreement
if the Resident(s) demonstrates an ongoing inability to abide by the requirements for such group living. Refer to the Mesa Residential Apartments handbook for further information.
20. NOISE:
Resident(s) agrees not to make nor allow other occupants or guests to make any disturbing noises or operate or use any mechanical, musical or electrical equipment at any time at such
a volume or in a manner that will interfere with the rights, comforts and convenience of other Resident(s). Quiet shall be maintained between the hours of 10:00 p.m. and 8:00 a.m. week
nights, 11:00 p.m. to 8:00 a.m. weekends.
21. PETS:
No animal, except caged birds and fish in aquariums not to exceed 30-gallon capacity, shall be kept in the Apartment without prior written consent of the University, including but not
limited to the pets of visitors. Breach of this provision will result in fumigation charges plus any appropriate cleaning or repair charges. A maximum of two (2) indoor cats are permitted at
Coast, La Jolla Del Sol, Mesa Residential and the One Miramar Street Apartments with a $250 pet deposit and the completion of a Pet Addendum. Cats are not permitted at Single
Graduate Apartments.
22. WATER FILLED DEVICES:
No waterbed or similar water filled devices, to include fish tanks exceeding 30 gallons, may be placed in or about the Apartment without prior written consent of the University. If such
consent is granted by the University, Resident(s) must comply with Civil Code Section 1940.5 which requires that the waterbed or device must be fully lined, installed, maintained and
removed according to the manufacturer recommendations and Resident(s) agrees to deposit with the University proof of adequate insurance naming the University as co-insured.
23. ANTENNAS/SATELLITE DISHES:
Resident(s) must complete a Satellite Dish Installation and Registration Agreement, which is incorporated herein by reference, prior to installing an antenna or satellite dish.
24. USE OF PARKING AREA:
Parking is by permission only. Parking permit(s) are issued to Resident(s) upon move-in, except for residents of the Single Graduate Apartments who must purchase a parking permit
from the University of California, San Diego’s Transportation and Parking Services. Parking spaces or stalls on the premises, whether assigned or unassigned, shall be used only for the
parking of passenger automobiles or light utility vehicles used for the personal transportation of the Resident(s), unless prior written consent is given by the University. There shall be no
parking of other trucks, trailers, recreational vehicles or boats in any such stall or space. Any such vehicle whose ownership is unknown, or which is not moved on demand may be towed
away and stored at its owner’s expense. Storage of personal belongings/items in the parking areas is prohibited. If found, such items will be removed by the University at the owner’s
expense.
25. TELEPHONE(S):
Pursuant to Civil Code section 1941.4, the University is responsible for installing one usable telephone jack and for maintaining the inside telephone wiring in good working order in
Residential dwellings. The Resident(s) remains responsible for the telephone and any wiring between the telephone and the telephone jack. If there is a problem with the telephone
service, the Resident(s) must first determine that the problem is not in the telephone or the wiring running to the telephone jack. Once it is determined the problem is not in either the
telephone or such wiring, the Resident(s) is required to notify the University and the Resident(s) will arrange for any necessary repair of the telephone jack or inside wiring. If the
Resident(s) does not report such problems to the University or does not acquire prior approval from the University and incurs a cost arranging a repair, the University shall not be liable for
reimbursement to the Resident(s) for cost incurred for said repair.
26. FIRE DETECTION & SAFETY EQUIPMENT:
The Apartment is supplied with a smoke detection device(s). The detector(s) in the Apartment is in the proper working order. Upon occupancy, it shall be the Resident(s)’s responsibility
to regularly test the detector(s) to ensure that the device(s) is in operable condition. Resident(s) agrees to inform the University immediately in writing of any defect, malfunction or failure
of such detector(s). It is a criminal offense to disconnect or otherwise impair the function of this device. Tampering with the fire detection or safety equipment will be subject to
disciplinary action in addition to termination of Agreement.
27. CONDITIONS OF APARTMENT AND DAMAGE:
Resident(s) acknowledges that Resident(s) will inspect the Apartment and will find the Apartment to be in good repair and in clean and sanitary condition pursuant to the standard(s) set
forth on Section 1941.1 of the California Civil Code. Defects and damages found after Resident(s) vacates Apartment, not reported at time of possession of the Apartment, as noted on
UCSD Housing Services Move-In and Move-Out Inspection Checklist shall be the sole expense of the Resident(s). In the event damages occur during the Resident(s) occupancy and it is
determined that the damages are caused by Resident(s), charges will be assessed to the Resident(s)’s housing account. Resident(s) agrees, as part of consideration of the rental, to
maintain the Apartment, all fixtures, accessories, and appliances belonging thereto, in a good, clean, slightly sanitary and safe condition throughout the continuation of this Agreement,
and upon vacating said Apartment, to return the Apartment to the University in the same condition of repair and cleanliness including walls and carpet as when received, exclusive of
reasonable wear and tear. Resident(s) will be liable for any repairs necessary during or after residency to restore the Apartment to the original condition; and all costs incurred in
connection therewith shall constitute additional charges due and owing from Resident(s) on demand.
28. MAINTENANCE AND REPAIRS:
Resident(s) shall promptly notify the University of any items requiring repair, including, but not limited to, faucets, light switches, disposal, appliances, toilets, structural components and
leaks which could cause damage to the Apartment if not corrected. Notification to the University should be immediate in an emergency situation. Cost of repair, clearance of stoppages in
waste pipes or drains, water pipes or plumbing fixtures, caused by Resident(s) negligence or improper usage are the responsibility of Resident(s) and Resident(s) will be billed
accordingly.
29. MODIFICATIONS AND ALTERATIONS:
Resident(s) shall not install improvements in, use molly bolts, screws or fastening devices on walls, ceiling or woodwork, nor alter, repaint or redecorate the Apartment without the prior
express written consent of the University. Resident(s) may not perform or arrange for others to perform any repairs to damages or any corrections of deficiencies in the Apartment
whether during Resident(s)’s tenancy or upon the termination of the tenancy, and Resident(s) hereby waives any right Resident(s) may have to make such repairs or corrections. The
foregoing shall not limit Resident(s)’s right to request that University repair damage, correct deficiencies, or otherwise service the Apartment during the tenancy. Notwithstanding such a
request, Resident(s) shall be liable for any damage done to the Apartment or deficiencies created by Resident(s), normal wear and tear excepted.
30. MOLD NOTIFICATION:
Mold occurs naturally in the environment and there currently exist no federal or state standards for permissible levels of molds. Resident(s) is required to take steps to control growth of
mold and mildew by keeping the Apartment clean and well-ventilated, particularly when showering, bathing, or washing dishes or clothes. Resident(s) is required to notify the University
promptly about the existence of moisture, water leakage or overflow in or about the Apartment. Resident(s) agrees to comply with the list of responsibilities as outlined in the Mesa
Residential Apartments Handbook.
31. CONSTRUCTION AND RENOVATION:
Construction and/or remodeling or repair of academic and Residential buildings on the San Diego campus in the vicinity of the Apartments is scheduled. Construction is expected to
occur during normal day time working hours, but will result in disturbances and disruptions, including, but not limited to, an increase in noise and dust in the area surrounding the
Apartments and there will be both planned and unplanned utility shutdowns in the Apartment. By signing this Agreement, Resident(s) agrees that Resident(s) has been advised of said
construction, and acknowledges that there will be disturbances and disruptions resulting from construction and has agreed to such.
32. NOTICES:
Any Notice or document, required or permitted to be delivered hereunder shall be deemed effective delivery, whether Resident(s) acknowledges as actually received or not, when
deposited in the United States Mail, postage prepaid, addressed to Resident(s) at said Apartment, and a second copy affixed in a conspicuous place on said Apartment.
33. WAIVER:
Any Waiver or non-enforcement by the University of any term or condition of the Agreement shall not constitute a waiver of any subsequent breach of the same or any other term or
condition of this Agreement. Furthermore, the acceptance by the University of any rental payment after Resident(s)’s breach of any provision of this Agreement shall not be deemed a
waiver of such provision or any prior or subsequent provision, other than the Resident(s)’s failure to make timely payment of the rental installment so accepted, whether or not the
University knew of the prior breach at the time such rent was accepted.
34. MISREPRESENTATION:
Any false statements made by Resident(s) on this agreement or in connection with it will result in immediate termination of the Agreement.
35. CERTIFICATION:
Resident(s) certifies that the application filed in connection with this Agreement is true and correct and that the Resident(s) has read, understands and agrees to comply with the terms
and conditions of this Agreement.
36. ATTORNEY’S FEES:
Resident(s) agrees to pay all costs, including court costs and fees, including reasonable attorney’s fees incurred by the University in the collection of any money due under this
Agreement, the enforcement of any of the terms and conditions of this Agreement, and/or any unlawful detainer action in which the University is the prevailing party.
37. UNENFORCEABLE TERMS OR CONDITIONS:
If any provision of this Agreement shall be held by a Court of competent jurisdiction to be void or unenforceable, the balance hereof shall nevertheless be carried into effect.
38. AMENDMENTS:
By providing thirty (30) days written notice to the Resident(s) of the University’s intent, this Agreement can be amended, modified and/or supplemented. Any purported oral amendment,
modification or supplement shall be void.
39. ADMINISTRATION:
Resident(s) shall provide any notice required in this Agreement to the University of California, Housing Administration, 9500 Gilman Drive, UCSD Building 309 University Center, Mail
Code 0090, La Jolla, CA 92093-0090.
40. NOTICE:
The California Department of Justice, sheriff’s departments and police departments serving jurisdictions of 200,000 or more and many other law enforcement authorities maintain for
public access a data base of the location of persons required to register pursuant to paragraph (1) subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a
quarterly basis and a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line
through which inquiries about individuals may be made. This is a “900” telephone service. Callers must have specific information about individuals they are checking. Information
regarding neighborhoods is not available through the “900” telephone service.
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