XAVIER UNIVERSITY
2016 SUMMER LEASE AGREEMENT
This Summer Lease Agreement (the “Lease”) is entered into this _____ day of _________________, 2016 between Xavier University,
an Ohio not-for-profit corporation, 3800 Victory Parkway, Cincinnati, Ohio, 45207, owner of the premises described herein
(hereinafter “Lessor”) and ______________________________ whose address is
__________________________________(hereinafter “Lessee”).
In consideration of the rents and covenants mutually exchanged herein, Lessor hereby leases to Lessee the premises known
as Room #____________ located at ___________, 3800 Victory Parkway, Cincinnati, Ohio, 45207 (the “Room”), together with all
furnishings and equipment located therein, along with a non-exclusive right of access to all appurtenant common areas in the building
where the Room is located and the designated entrances/exits thereto (collectively, the “Premises”) on the following terms and
conditions :
1. Terms. This Lease shall be for the following term: from the _____ day of ___________________2016, to the _______day of
_________________________2016, inclusive (the “Term”), unless sooner terminated as provided herein. Lessee cannot occupy the
Premises beyond the conclusion of the Term without the express written consent of the Lessor. In any event, the Term shall not begin
prior to May 11, 2016, at 5:00pm EST and shall not extend beyond August 5, 2016 at 8:00pm EST.
2. Rent. Lessee agrees to pay to Xavier University, as Lessor, , the total sum of ______________________________________
($__________) Dollars (the “Rent”), payable as follows:
$250.00
$_____
$______
Deposit –The Deposit is non-refundable and non-returnable. Due and payable at time of application.
1st Rent Payment – Covering Rent from move-in date through July 2, 2016, inclusive. Due on or before _________
day of _______________, 2016.
2nd Rent Payment – Covering Rent from July 3, 2016 until move-out date, inclusive. Due on or before July 2 , 2016.
All Rent payments will be prorated by the week, with a full week’s rent due for any partial week. A week shall run from
Sunday through Saturday, except for the week July 31-August 5th, which runs Sunday through Friday. There is no pro-ration
of rent for this week.
Whichever day of the week Lessee moves in or out, Lessee will have to pay that entire week’s Rent.
EXAMPLE #1
SUN
May 8
MON
May 9
TUES
May 10
WED
May 11
THURS
May 12
FRI
May 13
SAT
May 14
If Lessee moves in any day during the week May 8 thru May 14 Lessee will pay Rent for that entire week.
EXAMPLE #2
SUN
July 23
MON
July 24
TUES
July 25
WED
July 26
THURS
July 27
FRI
July 28
SAT
July 29
If Lessee moves out in any day during the week July 23 thru July 29, Lessee will pay Rent for that entire week.
Rent received more than five days late may be assessed a late fee of $100.00, payable immediately.
All payments are nonrefundable.
3. Credit Card. Lessee shall provide Lessor with a valid credit card to keep on file. Lessee authorizes Lessor to charge the credit
card for any of the following amounts without prior notice to or separate authorization from Lessee: 1) any amount that is past due
under the terms of this Lease, 2) any late fee that is due under the terms of this Lease, 3) any fee associated with unlocking the
Lessee’s room in the case of a lock-out or 4) any charge for damage to property or change in rooms due under the terms of this Lease
if not otherwise paid within 14 days after written notice of charges associated with any damage or special cleaning has been provided
to the Lessee at either the Room or Lessee’s last known address.
4. Delay or Omission. Any delay or omission of Lessor to exercise any right or power under this Lease or arising from any default
thereof shall not impair or prevent the exercise of any such right or power and shall not be construed to be a waiver of any default of
this Lease or acquiescence therein by Lessor.
5. Damage to Person or Property. To the extent the law permits, Lessee, its invitees, agents, or guests, shall hold Lessor harmless
from and against any and all claims, liabilities, damages and losses resulting from injury or death of any person or damage to or theft
of property occurring on or about the Premises or in conjunction with Lessee’s use and occupancy of the Premises, unless caused by
the negligent acts of Lessor. This provision shall survive the expiration or termination of this Lease. Lessor may charge Lessee for
special cleaning that is attributable to the use of the Premises by Lessee and/or Lessee’s guests, agents, or invitees, reasonable wear
and tear excepted. Lessee will be notified in writing of the nature of any damage or special cleaning and associated charges within 14
Xavier University Summer Lease
days after the last day of the Term of this Lease. Any dispute regarding the type of damage, special cleaning or associated charges
must be made in writing and received by the Summer Conference Programs Office within 7 days of Lessee receiving notification of
the damages, special cleaning and charges. Lessee agrees to pay any charges due for damage or special cleaning within 14 days after
receiving notice of the same. All personal property kept in the Premises and/or the common areas of Lessor shall be kept at Lessee’s
sole risk. Lessee should secure renter’s insurance or other adequate insurance for all personal property kept at the Premises. To the
extent the law permits, Lessee shall not hold Lessor liable for claims for damages to or of personal property.
6. Condition of Premises. Lessee accepts the Premises in “as is” condition upon occupancy unless a specific problem is called to the
attention of the Lessor in writing. Upon arrival, the Lessee must contact a member of the Xavier University Summer Conference
Program team to report any pre-existing damage to the Room, normal wear and tear excepted. Lessee further agrees not to alter,
change, or redecorate the Room nor attach anything permanently to any walls, window, door, ceiling, or floor. Lessee agrees to
maintain the Room in good physical condition, exercise good housekeeping practices, and report any and all problems promptly to
Lessor. Lessee must return the Room in the same condition that it was in upon commencement of the Lease, normal wear and tear
excepted. Upon check-out, Lessee will have the opportunity to have a visual inspection of their room with a member of the Lessor’s
Team. After Lessee has checked-out, a representative of the University will make an inspection of all Rooms used and will note any
damage or special cleaning requirements.
If the Residence Hall was built before 1978 add “Lessee acknowledges receipt of the Lead Based paint Disclosure Statement attached
to this Lease and the EPA Pamphlet, “Protect Your Family from Lead in Your Home.”
7. Sublease. Lessee shall not sublet, transfer or assign any interest in the Premises without the express written consent of Lessor.
8. Prohibited Purposes. Lessee shall not commit nor permit to be committed any waste or any unlawful or immoral act in or about
the Premises. Lessee will comply with all applicable laws, statutes, and ordinances and shall not disturb or annoy other residents on
the Premises or the common areas of Xavier University. Lessee acknowledges that registered sex offenders are not permitted to reside
in any part of the Premises and Lessee states that Lessee is not a registered sex offender in any jurisdiction. The Room shall be used
exclusively as a private temporary residence for those persons specifically listed on the Lease. No other persons will be permitted to
stay in the Room without the express written consent of Lessor. Lessee shall not engage in any action or activity which will increase
Lessor’s insurance rate nor engage in any activity which will degrade or alter the general tenor or character of the Premises in Lessor’s
reasonable judgment. Lessee shall at all times occupy the Premises in a safe and careful manner. No pets or animals are permitted on
the Premises. No grills and or fire pits are allowed in or around the Premises, including but not limited to the balconies of the Village
Apartments. The halls, laundry room, stairways, and landings and all other common areas of the Premises shall be kept free and clear
of any property of Lessee and may not be used for any purpose other than the purpose for which those common areas are intended.
The Lessee will be required to pay a fee of $25.00 each time they lock themselves out of the Room and require the Lessor to unlock
the door for them.
9. Xavier University Student Handbook. Lessee acknowledges that he/she will read the Xavier University Student Handbook and
agrees to abide by all University Policies and Procedures including the Student Handbook and the regulations and information
contained in it. Lessor reserves the right to amend the Xavier University Student Handbook and University Policies and Procedures
from time to time and such amended versions will be binding on Lessee. Any violation of the Xavier University Policies, including
the Xavier University Student Handbook, or amendments thereof, constitutes a breach of this Lease and may be grounds for
termination of this Agreement. The student handbook can be found online at http://www.xavier.edu/studentintegrity/documents/studenthandbook.pdf Lessee shall not be entitled to the rights of students as provided in the Student Handbook.
10. Entry. Lessor reserves the right to enter upon the Room for inspection, maintenance, pest control and any other reasonable
purpose. Lessor shall give Lessee reasonable notice of the Lessor’s intent to enter the Room and enter only at reasonable times. In the
case of emergency, however, Lessor reserves the right to enter the Room immediately and without notice.
11. Destruction of Premises. In the event that the Premises are substantially destroyed by fire, rain, wind or other natural casualties
beyond the control of Lessor, or are condemned or torn down by any governmental authority, then this Lease shall terminate and all
obligations hereunder shall be void. Lessor and Lessee shall not be liable to one another thereafter.
12. Default. Should Lessee fail to pay the full rental payment according to the schedule listed above, or should Lessee violate any
other term, condition or covenant of this Lease or any Policy of Xavier University including the Xavier University Student Handbook
or should Lessee have misrepresented any fact contained in the Application for Residency, then Lessor shall have the right, at its
option, to declare an immediate default or terminate this Lease, or both. In either event, Lessee shall be immediately liable for
damages suffered by Lessor.
13. Modification. The terms of this Lease may not be modified other than in writing signed by both Lessor and Lessee.
Revised January 2016
Xavier University Summer Lease
14. Change of Rooms. Once Lessee has moved in, Lessor will allow for a change of rooms or buildings only under rare
circumstances. Any such changes must be approved by Lessor in writing and will result in a minimum $250 fee. If Lessee is moving
from University Apartments, the fee will be a minimum of $300. Lessee will be responsible for paying for all additional damage and
cleaning fees. All fees must be paid in full prior to any move being allowed.
15. Emergency Relocation. In the event that the Premises are damaged by fire, rain, wind, flood or other causes such that the Room
or the Premises are rendered untenantable, then as Lessor’s sole duty to Lessee, Lessor shall relocate Lessee and Lessee’s
possessions to another Room at no cost to Lessee.
16. Parking. In the event that Lessee requires parking for a personal vehicle, Lessor will provide one parking pass which, when
placed in Lessee’s vehicle, allows Lessee to park in specifically designated areas only. In order to obtain parking pass, Lessee must
provide Lessor with information including, but not limited to: dates when parking pass will be required, make, model, year and color
of Lessee’s vehicle and license plate information for Lessee’s vehicle. Any parking pass issued to Lessee will only be valid for the
vehicle to which it was issued, in specifically designated parking areas and for the time period for which it was issued.
17. Independent Provisions. This Lease is the entire agreement between the parties and supersedes any prior negotiations. Each and
every term of this Lease is an independent provision and any determination by statute or by a court of law which renders any provision
illegal shall not affect the balance of the provisions herein.
[electronic checkbox]
__ I acknowledge that I have read and understand, and I hereby agree to be bound by this Summer Lease
Agreement. I agree to all terms and conditions contained within this agreement. I agree to pay the rates as
established by Xavier University, as defined by this agreement, for the type of room to which I am assigned.
Revised January 2016