A. INSTRUCTIONS

1. Please fill in the requested information and check the appropriate semester payment plan.  You read and accept the required contract terms from the BYU-Idaho Housing office by typing your name in the requested signature blocks.
2. Payment of the $150 Deposit (credit card or check) is required with this contract application in order to reserve housing.
3. When The Colonial House receives both your contract application and deposit payment, we will review your application and our apartment availability and email you our acceptance/declination of this contract.  With our acceptance email, both STUDENT and LANDLORD have agreed to the terms below and this represents a binding housing contract.
4. If The Colonial House is full for the requested semester(s), the application will be put on a waiting list.  Early applications are encouraged.
5. If you have not received a confirmation from us within the next 10 business days, please call us at 208-359-2848 or email us at elegance@colonial-house.com
   
   

B. STUDENT INFORMATION

Please fill in at least one personal email address. If possible, please provide both personal email and BYU-I email addresses.

C. STUDENT PREFERENCES

All attempts will be made to accommodate STUDENT preferences (the earlier the STUDENT signs up, the better the chances), but there are no guarantees.

D. Brigham Young University-Idaho Student Landlord Contract

I acknowledge that I have read and agree with all terms of this Contract including the provisions found below, which are incorporated by reference, parking contract, if applicable, and approved addendum.

ELIGIBILITY FOR APPROVED HOUSING

I hereby certify that I am a “student” in good standing and am eligible to rent and reside in BYU-Idaho approved housing. I have been admitted to a track as a student at BYU-Idaho. (Students enrolled in Continuing Education who are not admitted to a track are not eligible.) I understand that I cannot live in approved housing prior to my assigned semester start date or after graduation.  I recognize that if I become a student enrolled in any other institution or school, I am not eligible to live in BYU-Idaho approved housing.  I further certify that I am not registered as a sex offender.  I recognize and understand that my certification of student status and continual maintenance of such status is material to and relied upon by Landlord in entering into this rental agreement. Any misrepresentation found herein is grounds for immediate termination of this rental agreement and such other legal and equitable remedies as Landlord may pursue.  (See section D item 5 for more information.)

COMPLIANCE WITH APARTMENT LIVING STANDARDS 

I agree to comply with and acknowledge Landlord’s and my responsibility to maintain the BYU-Idaho Apartment Living Standards as stated in the Approved Housing Guidebook (http://www.byui.edu/housing/guidebook). Students are expected to help their guests and other residents understand and maintain the BYU-Idaho Apartment Living Standards. Failure to meet these expectations can be sufficient cause for termination of this Contract and eviction.

PARKING ACKNOWLEDGMENT

I know and understand that whether I own or operate a motor vehicle, I am responsible to know the parking guidelines and requirements of the housing complex and abide by them. I also understand that I have a responsibility to reasonably inform guests that visit my apartment complex of the parking requirements. I understand that if I or any of my guests park illegally (e.g., in a resident’s or handicapped stall for which I or my guest(s) do not have a permit, outside of a designated stall, in a “no parking zone,” etc.), I or my guest(s) accept the risk of being booted or towed. I understand that if a car is booted or towed while legally parked, there is a limited appeal to the BYU-Idaho Housing & Student Living Office through the mediation/arbitration process found in the Approved Housing Guidebook.

1. COST OF ACCOMMODATIONS & SERVICES:

APPLICATION FEE:     $65  
SECURITY DEPOSIT:     $85   
UTILITIES DEPOSIT:  << Not applicable - utlities paid by landlord >>
RENT:  << See selected Semester Plan in Section C >>
PARKING:     $0  

TOTAL: $150 + << See selected Semester Plan in Section C >>

PAYMENT SCHEDULE:  << See selected Semester Plan in Section C >>

 2.  PAYMENT OBLIGATION: The undersigned agrees to: (A) assume full, legal obligation for payment according to the terms of this Contract; (B) pay late fees in the amount of    $30    if not paid within 5 days of the due date and interest at    0%   per annum on any past-due (unpaid after 30 days of the date due) accounts; (C) pay all costs of collection including reasonable attorney’s fees; and (D) submit to mediation and arbitration all disputes concerning payment. Failure to abide by the arbitration ruling may result in Student losing eligibility to continue as a student

3.  DEPOSIT/APPLICATION FEES: The payment of   $150     serves as a security deposit and may include an application fee and utilities deposit as stated in section D item 1. Those items which may be expensed against the deposit include:  late or unpaid rent, penalties and interest, costs of collection, damage to the premises beyond usual wear and tear, any fees called for under this Contract including cancellation/transfer fees, liquidated damages for cancellation of this Contract as provided for in section 4, and such additional charges as are found in the University-approved addendum.

Student will be given a signed, itemization of deduction along with the deposit balance within 30 days following termination of tenancy.  In order to expedite return of the deposit, Student should provide manager with mailing address and/or self-addressed, stamped envelope.  Any objection to the itemization and returned deposit must be submitted in writing to Landlord within 90 days or all claims are waived.  Unresolved issues concerning the deposit return shall be subject to mediation/arbitration.

4. CANCELLATION/TRANSFER OF CONTRACT PRIOR TO OCCUPANCY START DATE:  (A) Up to 61 days prior to contract occupancy start date: Either party may cancel this Contract by written notice and a    $85    fee paid by the initiating party.  If Landlord initiates the cancellation request, a full refund of all monies paid including the cancellation fee will be returned to Student within 15 days; (B) Within 60 days of occupancy start date:  This contract may not be cancelled within 60 days prior to semester occupancy start date unless agreed upon in writing by both parties. Student, however, may find a suitable replacement for his/her Contract. When a suitable replacement is provided (acknowledgement of suitability cannot unreasonably be withheld), Landlord will notify Student in writing of Student’s release of obligation and refund any monies paid minus a    $85     transfer fee. If Student is unable to provide a suitable replacement, Landlord may collect for all the obligations contained in this Contract but must demonstrate commercially reasonable efforts to mitigate damages by filling the leased space; (C) Individuals who have entered into this Contract anticipating admission to BYU-Idaho who are ultimately not admitted shall be refunded all monies paid, including the full security deposit upon prompt notification that their admission was denied; (D) New students may not contract for a semester prior to their assigned track.

 5.  BREACH OF CONTRACT BY STUDENT:  Student may be in breach of Contract for the following reasons: (A) Student voluntarily withdrawing from BYU-Idaho during a semester; (B) Student is required to leave University for violation of the Honor Code, Academic Suspension, or when Student fails to maintain eligibility to live in student-approved housing.  (Students who have lost their eligibility cannot continue living in student housing.  See “Eligibility for Approved Housing”); (C) Student fails to make any payment under this contract when due; (D) When cost of damages caused by Student or any guests of Student exceeds the amount of the security deposit; (E) When Student violates the Apartment Living Standards; (F) When Student conduct interferes with other residents’ rights to peaceful enjoyment of the premises, recklessly endangers human life including self, or damages, defaces, or destroys the property of or threatens physical harm against other students or the Landlord; or (G) When Student suffers, permits, or maintains any nuisance or any health or safety hazard on the premises.  Student agrees to cover all costs of eviction including legal penalties provided by law and attorney’s fees.  Student is under full obligation of this agreement including payment in full unless a suitable replacement can be found as stated in section 4(B).

 6.  BREACH OF CONTRACT BY LANDLORD:  Landlord may be in breach of Contract for the following reasons: (A) Landlord fails to maintain complex according to BYU-Idaho requirements as stated in the Approved Housing Guidebook; (B) Landlord materially misrepresents complex on website and/or in written information such as e-mails, flyers, brochures, etc.; (C) When Landlord suffers, permits, or maintains any nuisance or any health or safety hazard on the premises.  Landlord agrees to release Student from this Contract and cover moving costs.

7.  TERMINATION OF CONTRACT AFTER OCCUPANCY START DATE:  If there is no breach of Contract by either Student or Landlord as indicated above, this Contract may be terminated for the following reasons upon the agreement of both parties: (1) Unforeseeable and unexpected catastrophic loss or serious illness; (2) Death of Student; (3) Student called into active military duty.  In such instances, appropriate verification must be promptly provided to the Landlord.  All rent will be prorated from the date of notice and the contract will be terminated without penalty or further obligation.

 8.  UNIVERSITY TERMINATION OF APPROVED HOUSING: When BYU-Idaho notifies Landlord that his/her approved housing status has been revoked, Student may terminate Contract by written notice within five days.  Landlord agrees to remit within five days of the date of the written notice from Student the balance of any prepaid rent and/or deposit monies to any Student electing to terminate this Contract.  Landlord may only pro-rate rents and amounts expensed against the deposit. (See section D item 3.)

 9.  TRANSFER OF STUDENT WITHIN COMPLEX: A request for transfer to an apartment/room other than the original assignment may be made by either Landlord or Student using the following process: (A) The initiating party requests either in person or in writing, to the best known address, the reason for the transfer; (B) A written response is due seven days after date of correspondence; (C) Agreement to the reassignment cannot unreasonably be withheld; (D) If no reasonable justification for denying the reassignment is given or no timely response is provided, consent to the request is deemed to have been given.

10.  HOUSING REGULATIONS: Student, his/her guests, on-site managers, and other employees of the property are required to abide by the BYU-Idaho Honor Code, Apartment Living Standards, and the approved addendum which are incorporated by reference as part of this Contract.  Failure to comply with the terms of this Contract will be seen as a material breach of this Contract and dealt with accordingly.  No modifications of this Contract may be made by interlineations or other writing unless such other writing is approved by the BYU-Idaho Housing & Student Living Office.

11.  RIGHTS OF POSSESSION, PRIVACY, AND ENTRY: Student will not be unjustly evicted and neither Student nor Landlord will harass or retaliate against the other for any reason.  Landlord may not enter Student’s apartment without consent of at least one of the residents or after giving 12-hours notice either delivered to Student or posted in a conspicuous place stating intent to enter.  Landlord reserves the right to enter Student apartment or rooms with reasonable notice and after knocking for emergencies, maintenance, repairs, cleaning, inspection, to ensure compliance with the Honor Code, and to show apartment to prospective tenants.  Reasonable notice will be deemed given when repairs are requested by Student and Landlord enters at a reasonable time of day and after knocking.

12.  PROPERTY CONDITION:

STUDENT OBLIGATION:  Student accepts the premises as being in good order and reasonably clean unless otherwise indicated in writing to Landlord within 48 hours of commencing occupancy.  Student agrees to: (A) maintain property in a reasonably clean and safe condition with no alterations of any kind; (B) use reasonable care in consumption of utilities and services; (C) avoid unreasonable noise or other disruption of peaceful enjoyment of others; (D) be responsible for damages caused by him/her or guests which are beyond reasonable wear and tear; (E) notify Landlord of needed repairs; and (F) notify Landlord of violations of the BYU-Idaho Honor Code or Apartment Living Standards. 

LANDLORD OBLIGATION:  Landlord agrees to: (A) maintain the property in compliance with all applicable state, county, and city laws and the BYU-Idaho Uniform Physical Condition Standards (BYU-Idaho Approved Housing Guidebook incorporated herein by reference); (B) provide furnishings and appliances in a safe, clean, and operable condition; (C) respond promptly to emergencies and maintenance requests; and (D) work with due diligence to correct any problems

13.   ABANDONED PROPERTY: Upon termination of this Contract, Student will immediately vacate the premises and remove all Student’s and Student’s guest’s property.  Landlord and Student agree that if any personal or Student’s guest’s property is left on the premises or in any storage facility after Contract is terminated, Landlord may assess a maximum handling fee of $150 to dispose of the property.  Landlord will make reasonable efforts to contact Student concerning the property and permit Student to enter and remove the property.  Landlord may dispose of the property by sale or otherwise after 30 days.  Money received from disposing of the property may be applied to outstanding amounts due or offset against the cost of disposal or expense of handling the property.

14.  PROTECTION OF PERSONAL PROPERTY:

Student waives all claims against Landlord for personal injury or loss of or damage to clothing, valuables, or other personal property, including money, unless such loss or damage is due to negligence of Landlord.  It is recommended that Student carry his/her own renter’s insurance to cover potential personal-property losses. Landlord who disposes of personal property belonging to a current Student without permission of Student will reimburse Student for fair market value of item(s).

15.  GUESTS: Overnight guests are discouraged but may stay with the explicit consent of the manager and roommates.  Extended or excessive number of stays is not permitted.  A guest fee may be charged.  Guests must be the same gender as the other residents and must abide by the BYU-Idaho Honor Code and Apartment Living Standards.

16.  DISPUTE SETTLEMENT/ARBITRATION: Landlord and Student agree that should any dispute arise concerning any matter covered by this Contract and should that dispute not be resolved to both parties’ satisfaction the matter shall be submitted to mediation and binding arbitration as contained in the BYU-Idaho Approved Housing Guidebook and at www.byui.edu/housing.  All parties agree to mediate in good faith and to abide by the decision rendered by the Housing & Student Living Arbitration Board including any monetary award made.

E.  The Colonial House Contract Terms Addendum

1. PARKING: The Colonial House has 241 parking spaces. We've always had more than an adequate amount of parking spaces for our tenants, with an average of 60-70 open parking spaces.  Parking is free, but tenants are required to obtain a parking sticker from The Colonial House Office and attach that parking sticker to their car or bike.

2. MANDATORY MEETINGS AND HOUSE RULES: Mandatory meetings are held to go over important procedures, safety, honor code, and house rules. Tenants agree to abide by the house rules of The Colonial House.

3. ADDITIONAL OCCUPANCY: If a current tenant needs to stay before or after a contract date, management approval in writing is required two weeks in advance and tenants will be charged $15 per night.  Tenants will be responsible for keeping the apartment in “white-glove” condition and apartments will be inspected one day before the beginning of the up-coming contract period; any cleaning and/or housekeeping that needs to be done will be performed by our cleaning staff and charged to the tenant at the rate of $28 per hour.  

4. RENTAL PERIODS: The Colonial House rental periods align to BYU-Idaho semesters and breaks. The start date, end date and the length of the contract are determined by BYU-Idaho and may change.

5. FIRE SAFETY: All burning embers, such as incense, open flames (including candles), candle warmers, and space warmers are prohibited. Do not tamper with fire extinguishers or smoke alarms. Items are not to be stored in the furnace or hot water heater rooms. Only artificial Christmas trees with flame retardant are allowed. Lights must be turned off when no one is home or while everyone is sleeping at night.

6. KEYS AND SECURITY: Keys to apartments and mailboxes will be issued by the manager. Residents are advised to keep their apartments and apartment windows locked at all times when not occupied. The Colonial House is not responsible for items stolen or any damage done while the apartment is not occupied. Keys are not to be duplicated.

7. ENTERPRISES OR BUSINESSES: The operation of a business enterprise in the apartment is prohibited, per BYU-Idaho Approved Housing Guidebook.

8. CONTRACT TRANSFER FEE: There is a $85 transfer fee for transferring/selling your contract to another student.

9. ROOM ASSIGNMENTS: Management makes an effort to honor as many requests as possible, however, there is no assurance that all requests can be honored. Roommate assignments will be mailed to tenant’s BYU-Idaho e-mail address before the beginning of the contract date. Transfer of students between other apartments within The Colonial House is per section D (BYU-Idaho Contract), item 9.

10. SUMMER ROOM ASSIGNMENTS: Tenants who have a contract with us for summer session will be moved into apartments on the north end of one building close to a laundry room so that apartments are filled and located next to each other. This will place tenants closer to the living quarters of our manager, will promote better fellowship between students, and provide more safety.

11. STORAGE: Storage is available on a limited basis at student’s own risk. The use of our storage facilities is limited to students with valid contracts for current or future semesters at The Colonial House. Items left in storage after the end of student’s contract will be disposed after 30 days, per section D (BYU-Idaho Contract), item 13. All items must be placed in boxes with the student’s name, telephone number, semester(s) and year(s) they’re residing at The Colonial House. Unlabeled boxes will be disposed of. Valuable goods, flammable articles, hazardous materials, automobile tires or empty boxes are not to be stored in our units.

12. MOLD: Regardless of cleanliness, virtually all residences in eastern Idaho have some sort of mold growing at different times throughout the year. The Colonial House is not responsible for any allergies attributed to mold or other types of fungus.

13. PETS: Pets of any kind are not allowed.

14. DAMAGES AND CHARGES: Residents are liable for any damages to their apartment. When more than one person is involved, each person will share in the expense. When management does not know which resident(s) is/are responsible for damages, the repair cost will be equally divided among the residents of that apartment.  When residents know who is responsible for any damage in public areas, they should furnish such information to the manager. Actual costs will be charged, but the following are some typical costs for damage or replacement:

     Carpet Repair (minimum charge/sq. yd.),  $25+
     Door (solid core with labor),  $250
     Door (hollow core with labor),  $100
     Bi-fold Doors,  $150
     Door Locks,  $45
     Key (lost or not returned),  $25
     Light Fixtures,  $40-$60
     Mattress Covers,  $20
     Re-key a door,  $25
     Screens,  $50
     Windows,  $75-250
     Blinds,  $50

15.  SUMMER COMBO DISCOUNT: For discounts on the combinations for Spring-Summer, Summer-Fall, and Summer-Winter, if the student does not complete their Fall, Winter, or Spring stay at The Colonial House (ie, only rents for the Summer), then the $100 discount will be invalid and full price for summer will be charged.