ACH and Credit Card Authorization:
Lessee will complete the ACH Withdrawal and Credit Card Authorization Form which will authorize Lessor to collect monies owed pursuant to the terms and conditions of this contract. Outstanding monies owed to Lessor may be charged to the credit card on file and/or the ACH account registered with Dixie South Student Housing in an effort to collect on monies owed for outstanding rents, utilities, damages, cleaning, late fees, returned check fees, fines, or any other debt incurred by the Lessee under the terms of this contract, regardless of whether the Lessee is still residing at the premises or not. The signed ACH Withdrawal and Credit Card Charge Authorization Form acts as a backup for payment to any possible default of the terms and conditions of this contract. Debit card not accepted as a credit card.
Breaking or Selling Contract:
If Lessee prematurely breaks contract, Lessee is obligated to sell the remainder of their contract to an eligible tenant approved through the application process by management. In this event, the Lessee will forfeit the eligible refundable portion of their Application/Cleaning & Damage Fee. Lessee is required to follow checkout procedures before Lessor will turn the unit over to the new tenant. Any damage or cleaning fees incurred prior to the new tenant taking possession of the unit will be charged to the Lessee, in addition to the forfeited Application/Cleaning & Damage Fee, and drafted as additional monies to the account on file. In the event the Lessee is not able to sell his/her contract, any rent, utilities, late fees, damages, fines or other fees that cannot be recovered through the Lessee’s account prior to the Lessee moving out, or an approved payment plan with management is not in place prior to Lessee moving out, the additional amount owed will be pursued through the information found on the ACH Withdrawal and Credit Card Charge Authorization Form on file, or through collections, if necessary. Dixie South will continue to attempt to collect any monies owed through the account information on file until debt is paid.
Foreign Students:
Students whose permanent address is not within the contiguous United States will be required to make all payments for rent and utilities in full before occupying their space at Dixie South Student Housing. The same rules and regulations will apply to them regarding all other aspects of the contract.
SECTION SIX: DAMAGES
The Application/Cleaning & Damage Fee shall secure the performance of the Lessee’s obligations hereunder. Any damages incurred during the school year, by tenants or guests, will be charged immediately upon discovery, and will not be deducted from the Application/Cleaning & Damage Fee. To report damage, go to our website www.dixiesouth.com and use the form is listed under the tab "Contact Us" with sub-tab "Report a Problem". Damage found at the end of the contract, or after the tenant has moved out, will only be taken from the Lessee's refundable portion of the Application/Cleaning & Damage Fee if the cleaning was first determined to be adequate. If damage exceeds the refundable portion of the Application/Cleaning & Damage Fee allowed, damages will be sought after through ACH/Credit card on file or pursued through collections if necessary.
The following are responsibilities which, if not performed, will be deemed as damage and assessed from the refundable portion of the Application/Cleaning & Damage Fee:
- Reporting damages/problems to management immediately to mitigate further damage.
- Tenants are responsible for paying for clogged drains and/or jammed disposals, or any damage or repair resulting from inappropriate use or negligence.
- Replacing light bulbs throughout the year except for the main kitchen lights. Light bulbs must be replaced with the same type of light bulb.
- Pictures, posters and other wall hangings must be hung without damaging walls. Small pin and/or nail holes are acceptable as long as they are filled appropriately with PAINTABLE drywall hole filler, not toothpaste or other "homemade" method.
- A Mattress protector is required and must be presented to the manager at check-in.
Any damage found that cannot be determined who caused the damage, the cost will be split evenly between all tenants in the common areas and between roommates in the bedrooms.
Tenants are responsible for damages caused by guests. Dixie South will not pursue damages caused by individuals not contracted with Dixie South. The tenant/s will be charged for damages immediately upon discovery via ACH or Credit Card Withdrawal.
Any damages and/or fines related to smoking in a unit will be assessed and paid for immediately upon discovery via ACH or Credit Card Withdrawal. Damages from burns of any source will result in cost for replacement of entire item that has been burned, regardless of area burned; i.e: couches, rugs, countertops, vinyl flooring, et cetera.
There shall be no smoking of tobacco or any other substance in the unit.
SECTION SEVEN: STUDENT HOUSING RULES AND REGULATIONS
Lessee agrees to abide by all rules and regulations set forth below. The rules and regulations may be amended as Lessor sees fit, so long as all tenants of the complex are notified and said changes to the rules and regulations apply to each and every tenant.
VIOLATION OF ANY RULE, EVEN ON FIRST OFFENSE, MAY RESULT IN TERMINATION OF THIS LEASE AGREEMENT AND RESULT IN THE EVICTION OF THE TENANT AT THE LESSOR’S SOLE DISCRETION. Please refer to Section 22: Default Eviction, for further description.
Warnings and/or fines up to $100.00 may be given in place of eviction on a first offence. Violations will be handled on a case by case bases at the Lessor’s sole discretion Fines issued are due within a week of the date issued and drafted/charged from account/card on file.
Lessor reserves the right to perform random inspections without notification if reasonable suspicion of illegal activity/rules being broken is taking place within the unit.
Lessor reserves the right to confiscate any items such as but not limited to drug, alcohol, tobacco and/or paraphernalia, candles, incense, pornographic material, weapons, etc. Illegal items are subject to be turned over to police.
In the event the breaking of a rule causes damage, tenants will be responsible for repair or full replacement if needed on top of possible fines and/or eviction.
Tenants are responsible for reporting violations of all rules, including violations by roommates or guests. All tenants who fail to report observed violations by others could be subject to fines/eviction.
Observation of rules being broken can be turned in using the "Report a Problem" form under tab "Contact Us" on our website www.dixiesouth.com. You may choose to remain anonymous
Law enforcement will be contacted when any illegal activity including but not limited to drug issues, underage drinking, providing alcohol to a minor, sexual harassment, excessive damage, threats or fighting on premises are observed.
Violation of the rules could result in name being reported to Dixie State College and/or the campus security/St. George Police.
We reserve the right to contact cosigners, emergency contact and/or parents listed on the application and/or lease to discuss the breaking of any rules and or behavioral issues.
DRUGS, ALCOHOL & TOBACCO POLICY
Tenants will not use or allow usage, storage or consumption of alcohol, drugs, or tobacco products /paraphernalia in or about the complex.
OPEN FLAME POLICY
Any type of open flame is prohibited inside the complex, which includes candles, incense, BBQs, hibachis, and grills.
DSSH owned fire pits and BBQ’s are not to be left unattended. Put fires/coals out when finished.
GUEST & OVERNIGHT GUEST POLICY
All guests must be out of the apartment by 11:00 pm on weeknights and 1:00 am on weekends. This applies to and includes other Dixie South residents visiting another apartment.
Members of the opposite sex are not allowed in the bedrooms, bathrooms or hallway area of an apartment.
Parties or large gatherings require prior approval from the complex manager.
Overnighters involving guests of the same sex need prior approval from management. Guests of the opposite sex are not allowed to spend the night.
QUIET HOURS POLICY
Quiet hours are from 10:00 pm to 7:00 am.
Excessive noise from radios, stereos, TV’s will not be allowed at anytime. If you can hear it outside of your room, it is too loud. Tenants could be subject to removal of devices such as stereos, video games or TVs if the noise continues after being warned.
DISORDERLY CONDUCT & SEXUAL HARASSMENT
Use of foul, offensive, vulgar and/or abusive language, including signs, symbols, etc., is not allowed on or about the premises.
Pornographic/offensive material is not allowed on or about the complex. Any pictures, posters or household items on display may not be vulgar or sexually suggestive.
SECURITY MEASURES
Dixie South is not responsible for theft. Door codes are not to be given to anyone other than your assigned roommate/s.
Tenants are to respect eachothers belongings. Theft will not be tolerated.
WEAPONS POLICY
Weapons of any kind are not permitted and will be turned over to campus security.
Fireworks, gasoline, hazardous materials, or any explosive substance may not be on property.
INTERNET EQUIPMENT/ILLEGAL DOWNLOADING
Illegal downloading of movies or other copyrighted material on the Internet will not be tolerated. Violators risk being prosecuted by the law if DSSH Internet Service is disrupted as a result.
No one is allowed to tamper with or unplug any Dixie South internet equipment.
MISC RULES
Tenants will not change apartments or bedrooms without permission from management.
Tenants will not allow other DSSH tenants to move into their apartment without approval from complex manager.
Tenants are not permitted access to roof areas.
Tenants are not to use windows as an entrance or exit unless an emergency
No pets are allowed in the units.
Littering of any kind will not be tolerate
Vehicles are not to be washed on DSSH property.
All garbage must be put into appropriate dumpsters.
Food and/or water fights are not permitted on or about the complex.
SECTION EIGHT: CHECK-IN PROCEDURES
It is the Lessee's responsibility to perform a thorough inspection of the unit and furnishings and report any issues found. Issues must be reported online at www.dixiesouth.com via the "Report A Problem" form listed under the tab "Contact Us" within (2) two days of checking in. Lessee is responsible for any unknown or unreported damages after deadline.
The manager keeps a form on file that is updated annually prior to each new Fall semester. This form is called DAMAGE, REPAIRS, MAINTENANCE KNOWN for each unit on file. These forms are put in the units just prior to move-in and can assist Lesses in their own reporting of further damages or issues not known. The form can be requested if not found in the unit upon move-in.
SECTION NINE: REPORTING A PROBLEM:
To report a problem, go to our website www.dixiesouth.com. The form is listed under the tab "Contact Us" with sub-tab "Report a Problem". This form is for reporting any problem that needs attention throughout the contracted period, such as rules being broken in the unit, appliance or repair needed, etc. The Lessor can only handle issues thoroughly and in a timely manner if the problems are reported correctly through our online form. It is the tenant’s responsibility to follow up if they have not heard from the manager within 24 hours of submitting a form, particularly in an emergency situation, in which case an immediate phone call should be made to the manager and/or owners along with the form being submitted.
If problems are not reported in a timely manner or appropriately and cause further damage, tenants will be held responsible for damage that could have been avoided.
SECTION TEN: CHECK-OUT PROCEDURES
Check-out rules and regulations are listed on the Cleaning Check List, and by this reference is made a part of this contract hereof. The Cleaning Check List can be found on our website www.dixiesouth.com under "Forms & Paperwork". This form states that a self-addressed envelope be left with the manager prior to leaving; if this step or any other rules and regulations are not completed, any eligible refund available may be forfeited.
Early Check-out Form is a form that requires roommates’ signatures if you are leaving earlier than the checkout date and/or if you are not all checking out together, and by this reference is made a part of this contract hereof. The Early Check-out Form can be found on our website www.dixiesouth.com under "Forms & Paperwork". Checkouts are performed once for each unit on the checkout day, which is typically a Saturday only, and the Saturday after commencement. It is recommended all roommates check out together to avoid any issues and eligible refunds being held for not completing responsibilities thoroughly. Usually tenants leaving early get out of the deep clean or the unit becomes messy again prior to check-out which can result in eligible refunds being refunded.
We are not responsible for personal belongings left behind and cannot guarantee that personal belongings will not be discarded after checking out. Please thoroughly check the unit before leaving and make sure all belongings have been removed from the unit and/or premises. The refundable portion of your APPLICATION/CLEANING & DAMAGE FEE may be assessed if we are required to remove belongings for you.
SECTION ELEVEN: SHOWING APARTMENT FOR RENTAL
Lessee hereby grants permission to Lessor to show the apartment to new rental applicants at reasonable hours of the day.
SECTION TWELVE: RIGHT OF ENTRY FOR INSPECTION, REPAIRS, ALTERATIONS, AND CLEANING INSPECTIONS
Lessor reserves the right to enter the premises at all reasonable hours and with reasonable notification, for the purpose of inspections, and whenever necessary to make repairs and alterations to the demised premises, or to show premises to prospective purchasers, mortgagees, tenants, workmen, or contractors at reasonable hours of the day.
Lessor reserves the right to confiscate any illegal paraphernalia and will report any illegal activity to Campus Security and/or pursue eviction.
SECTION THIRTEEN: ANIMALS
No pets, domestic or other, in or about the apartment or on the apartment complex and premises.
SECTION FOURTEEN: WASTE, NUISANCE, ORDINANCES AND STATUTES
Lessee agrees not to commit waste on the premises, or maintain or permit to be maintained a nuisance thereon, or use or permit the premises to be used in an unlawful manner. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to use of premises. It is also understood by this that Lessee shall not permit any unlawful and immoral practice to be committed on the premises.
SECTION FIFTEEN: UPKEEP AND PREMISES
Upon moving in, Lessee has examined the premises and is satisfied with the physical condition and his/her taking possession is conclusive evidence of receipt of them in good order and repair. Lessee shall keep and maintain the premises in a clean and sanitary condition at all times, and upon termination of the tenancy, shall surrender the premises to the Lessor in as good condition as when received; ordinary wear and tear and damage by the elements shall be expected. Units found to not be cleaned on a regular basis typically result in excessive wear and tear; and above and beyond what is considered normal wear and tear. Carpets should be vacuumed on a regular basis as proper maintenance.
A formal mid-semester cleaning check and end-of-year cleaning check are mandatory. If cleaning checks are needed on a more regular basis, the Lessee may choose to report to management the problem on the "Report A Problem" document found on our website under the tab "Contact Us." If the management deems a unit to be excessively dirty and/or a health hazard, more frequent cleaning checks may be required.
End- of-year cleaning check typically is much easier for tenants who have kept the unit clean throughout the full contracted period.
* SECTION SIXTEEN: LESSEE’S HOLDING OVER
The Lessee agrees that any holding over this Lessee will be charged $25.00 per day for a shared room and $50.00 per day for a private room.
*SECTION SEVENTEEN: PARKING
Access to utilize the Dixie South parking lot requires a parking sticker. These are purchased prior to arrival and can be picked up at the RA's unit upon arrival unless otherwise advised: Automobiles: $35.00, Scooters and Motorcycles: $25.00. Scooters and motorcycles must park in designated scooter and motorcycle parking. The purchase of a parking sticker does not guarantee the Lessee a spot; parking is limited but there is available parking on the streets next to the complex as well for when the lot is full.
The parking may be regulated by a third-party company and/or by management. Illegal parking may result in being booted and charged a fee of $75.00 to remove boot.
The parking lot begins to be regulated the day fall semester at Dixie State begins and ends and the day spring semester at Dixie State begins and ends. The parking lot is not regulated over the summer, Fall, Christmas and spring breaks.
Parking is by permit only.
Tenants must ensure sticker is placed in the driver's side front shield window while parking in the parking lot.
Dixie South is not able to waive the cost of a boot removal.
Tenant is responsible to ensure any and all vehicles they park onsite have a current parking sticker. The tenant must park offsite if their vehicle does not have a parking sticker, regardless of the circumstances.
The tenant shoud follow up with management or RAS for a parking sticker if it has not been received after being requested.
Guests may park in the parking lot between the hours of 7am and 5 pm; otherwise, they must park on the street.
Vehicles may not be washed or cleaned on property.
Inoperable or abandoned vehicles will be towed at owner’s expense after 24 hours.
Designated area for scooters and motorcycles, which is at the striped area next to unit 8 and the bike racks.
Automobiles using parking facilities without a valid parking sticker or illegally parked are subject to vehicle being towed and/or impounded at the vehicle owner’s expense. Our parking lot is regulated by a third party; the cost of boot removal is $75.00.
SECTION EIGHTEEN: REPAIRS, REDECORATION, OR ALTERATIONS
Lessor shall be responsible for repairs to the interior and exterior of the building; except, repairs required through damage caused by Lessee shall be charged to Lessee as additional rent. Charges for unpaid rent resulting from damage or alterations caused by Lessee will incur the same late charges as unpaid rent. It is agreed that Lessee will not make, or permit to be made, any alterations, additions, improvements or changes in the premises.
SECTION NINETEEN: REDELIVERY OF PREMISES
At the end of the term of this lease, Lessee shall quit and deliver up the premises to Lessor in as good a condition as they took possession; ordinary wear and damage by the elements excepted.
SECTION TWENTY: DESTRUCTION OF PREMISES AND EMINENT DOMAIN
If the premises are destroyed substantially by fire or taken by eminent domain, either party may terminate this lease without liability for the remainder of the term. A condemnation award shall belong exclusively to Lessor.
SECTION TWENTY-ONE: LESSOR’S NON-LIABILITY
Lessor is not liable for any damage to Lessee’s personal property, including an automobile, caused by natural disaster, water damage from any source, destruction by other tenants, other tenant’s visitors or any other source, whatsoever. Further, Lessor is not liable for any loss of Lessee’s personal property, including an automobile, because of theft by any other tenant or any person whatsoever. The Lessee is responsible to purchase their own personal property insurance.
SECTION TWENTY-TWO: DEFAULT EVICTION
If Lessee defaults in the payment of rent, utilities, fines, damages or any monies owed in accordance to this contract herein before specified, or if Lessee defaults in the performance of or compliance with any other term or condition hereof, or of the Rules and Regulations attached hereto as "Dixie South Rules" and made a part hereof, which Rules and Regulations shall be subject to occasional amendment and/or addition by Lessor, the lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and retake possession and recover damages, including costs and attorney’s fees. In the event of eviction due to monies owing, Lessee shall be given (3) three days written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within three (3) days after receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. In the event of eviction due to breach of Rules and Regulations and/or criminal or immoral behavior, Lessee shall be given (3) three days written notice of any default or breach, and termination and forfeiture of the lease. Any tenant evicted in accordance to the terms of this contract forfeits all paid and unpaid rents, utilities and deposits, and remains legally responsible for any outstanding amounts owed pursuant to the terms of this contracted stated herein.
Forfeiture and Payment of Rent as Liquidated Damages: Lessee specifically acknowledges and agrees that the special nature of the leasehold interest as student housing makes it impossible to accurately quantify Lessor’s damages if Lessee defaults in the performance of or compliance with any other term or condition hereof or of the rules and regulations attached hereto as “Dixie South Rules” and made a part hereof, which rules and regulations shall be subject to occasional amendment or addition by Lessor; therefore, if Lessor elects to evict Lessee, pursuant to this lease agreement, all rent paid by Lessee and/or to be paid by Lessee pursuant to the herein Section Four, shall be forfeited or become immediately due and payable as and for liquidated damages for Lessee’s default as described herein.
SECTION TWENTY-THREE: LAW GOVERNING DISPUTES
The parties agree that the law of the state of Utah will govern all disputes under this lease, and determine all rights hereunder. All actions brought to enforce this lease shall be brought in the Fifth Judicial District Court in and for Washington County, Utah.
SECTION TWENTY-FOUR: BINDING EFFECT
The covenants and conditions herein contained, including addendums to this contract referred to herein, shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease.
A parent/guardian/cosigner is required for all Lessees. We reserve the right to communicate any issues regarding the Lessee with the parent/guardian/cosigner or emergency contact listed on the application or here on this lease.
SECTION TWENTY-FIVE: CONSENT TO ALLOW COMMUNICATION WITH OUTSIDE PARTY
Lessee agrees that upon failure by the Lessor to collect rent, utility fees, late fees, service charges, charges for damages or cleaning, fines or any other monies possibly owed to Lessor thereto, Lessor has complete authorization to contact and discuss with any parent, guardian, cosigner and/or any other person or institution necessary in an attempt to collect monies owed to them by the Lessee.