LEASE AGREEMENT/CONTRACT TERMS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. CONTRACT: This contract is a BINDING AND LEGAL DOCUMENT! If you do not come to school, if you leave for any reason, or if you wish to sell your contract, you shall immediately notify the manager in writing; however, you are still responsible for all terms of the contract until you’ve received confirmation from manager. Verbal cancellation notifications or conversations with the manager are not recognized— even if you believe otherwise. Misrepresentation, late or untimely cancellations, or withholding payments will not release you from this contract or obligation for payment. Early arrivals, failure to observe check in/out times, late departures, and out of season stays require pre-approval of manager ($25/night). The terms of this contract apply jointly and severally to all of the residents of the individual apartment unit. See House Rules, Section #13. LEASE TERM: This lease is made for the noted Academic School Semester, Track, and/or Specified Occupancy Period(s). Early student check-ins, late student check-outs, and personal property storage are only allowed with written permission from management and are subject to applicable rates and rules. Guests: Rexburg Housing and BYU-Idaho strongly discourage overnight guests. If you must have an overnight guest you must have written permission from the office and applicable fees and charges will be applied. ROOM ASSIGNMENTS: Landlord retains the right to relocate/reassign resident (occupancy or vacancy) to another apartment/bed (permanently or temporarily). No other individual shall occupy, relocate, or temporarily use the apartment without manager approval. Closets & storage areas are unacceptable living areas. Landlord may transfer student for any reason to an equally suitable apartment without compensation and without notice if student has not checked in with management and received an apartment key or has moved out and is no longer occupying the apartment. Landlord is not authorized to promise resident a particular apartment or particular roommates. Your final apartment and roommate assignment are not given until you check in and receive an apartment key. RESIDENT OCCUPANCY & IDENTIFICATION OF STUDENT STATUS: Manager may require verification of “student status” as noted below or if required by BYU-Idaho—at any time. Manager shall be notified of any unauthorized occupants. RENTAL FURNISHINGS AND PREMISES: Landlord leases to Resident and Resident rents from Landlord, for Resident’s occupation and use, the following: An apartment commonly shared with other Residents within the same apartment unit (maintained to meet the “Standards for BYU-IDAHO Approved Off-Campus Student Housing”), “single bed” or “bunk bed”, microwave, range, refrigerator, coin operated laundry service (at site), and other miscellaneous common/shared apartment and facility furnishings/appliances. Borrowing, moving, off premise use, altering, stacking, modifying, neglect, or abuse of furnishings may be a default of contract. The student accepts the premises and any improvements as being in good order and repair, reasonable cleanliness included, unless otherwise indicated in writing, a copy of which must be submitted to the landlord within 24 hours of commencement of occupancy. The student shall return possession of the premises to the landlord in the same condition as received, reasonable cleanliness included, reasonable wear and tear and damages by the elements excepted. Resident is responsible for all Club House furnishings when using them. Damage and cleaning may be assessed. a. BATHROOM FACILITIES: Landlord provides shower rods. The students living in each apartment are equally responsible for the purchase and use of shower curtains. Any damage resulting from the lack of, or improper use of, shower curtains will be repaired at the expense of the student(s) that caused the damage. Student agrees to contact management if a toilet or drain is blocked or clogged. Any blockage of any drain in the apartment that needs to be removed by the Landlord or plumbing service, which is caused by negligence of the residents, will be billed to the residents. In order to keep your toilets running free and clear, please do not flush tampons or applicators. They get caught in the pipes and cause toilets to back up. b. APARTMENT CONDITION: Your apartment is a continuously occupied and shared student apartment. It is a “used” apartment. Therefore, when you move in, your apartment may be at different stages of clean or dirty depending on the time elapsed from the most recent clean check and the cleaning habits of your roommates. You agree to accept the cleanliness of your apartment and the condition of its contents “as is” when you move in – there is no guarantee the apartment will be clean to your personal standards. The carpet and the paint will not be new when you move in. You will not be compensated for any cleaning that you do to bring the apartment to the level of cleanliness that you are comfortable with. The carpet will not be replaced nor will painting be done in your apartment during your stay. The appliances and furniture have been used prior to your arrival. That is the nature of this type of continuously occupied apartment. No two apartments are the same. Each apartment is different in the condition, age and quality of the paint, carpet, appliances, furnishings, etc. Do not ask management to modify your apartment in any way to match another apartment which has something you consider to be superior in quality or condition. c. CHECK-OUT: When the student checks out, the student agrees to follow the Check-Out Procedures available in the office. All students agree, including those staying for future contract terms in their current apartment or transferring to a different apartment, to follow the check-out procedures, including the cleaning instruction, on the normal check-out day. Early, late or out of regular check out hours appointments require manager approval and will subject to a $25 fee. Failure to follow the Check-Out Procedures, fully and/or failure to leave the apartment at the time of the final cleaning check will result in a forfeiture of deposit. Residents that do not checkout as required, do not adequately clean, or do not personally return their key(s) to the manager may forfeit their entire deposit and be assessed additional fees for cleaning, keys, etc. Student agrees to remove his/her parking sticker and leave it with check-out forms. Failure to return your parking sticker before checking out will result in a $25 fee. Student agrees to provide landlord with a #10 size self addressed stamped envelope in order to return the student’s portion of the security deposit. Student also agrees to return his/her original apartment and mail key at the time of final cleaning check-out. If envelope is not provided by the student there will be a $5 fee and if no keys are left at the final check-out there will be a $35 fee for apartment keys and $25 for mail keys assessed to resident. A $25 minimum removal fee will be charged for disposal of items left by resident. Any items left in the apartment after the final day of the contract period immediately become property of Rexburg Housing and will be disposed of as seen fit. d. DUTY OF CARE: Entire apartment/bedroom shall be kept clean and well maintained. Resident will cooperate in frequent clean checks during the contract term (see House Rules and BYU-IDAHO Student Handbook). If cleaning inspector is required to return a second time a $5 re-check fee will be assessed. Resident shall maintain apartment in a clean and sanitary condition. Improperly disposing of trash or blocking dumpsters will result in minimum of $25 fine for first incident. Apartments are not to be used for any business purposes. Snow Removal: Resident shall assist with timely removal of snow/ice along sidewalks, steps, porch and access areas adjacent to apartment. PERSONAL PROPERTY AND NECESSARY REPLACEMENTS: Apartments are NOT furnished with personal items (i.e. cooking utensils, linens, brooms, mops, garbage cans, bedding, mattress pad/cover, shower curtains, iron/ironing board cover, fans, toilet plungers, cleaning supplies, etc.); therefore, Resident shall provide for personal & replacement items upon occupation/prior to use, prior to leaving, and/or as otherwise required. Resident Replacement will include (minimum): Replacement batteries and/or recharge of exhausted/used fire extinguishers and any emergency equipment (if not reported to manager first), damages, neglect, etc. Manager may withhold these charges from deposit and/or bill resident(s). Upon vacation of the apartment,(24 hours) Resident agrees that any remaining personal property shall become the property of the Landlord (who may dispose of such property at will). All personal items that remain must be left in accordance with House Rules and/or as instructed by the manager—or additional fees shall apply and/or deposit money may be withheld. DEFAULT: Resident must comply with ALL terms, payment schedules, and obligations of this agreement, the BYU-IDAHO Code of Honor, and the House Rules, else a DEFAULT of CONTRACT may be declared and management action may include the following: Manager may reject, suspend, or hold contract; prohibit resident from occupying apartment; evict resident; initiate collection proceedings; take legal action for settlement of contract payment, damage, and/or punitive damage; seek arbitration, provide information to the police and/or BYU-Idaho, etc. In cases of default, Resident shall forfeit any money paid toward satisfaction of the contract—unless a suitable replacement contract is found by resident and the new contract is paid in full. A Resident in default will be responsible for all processing and legal fees. All notices and demands given to residents hereunder may be served by mail addressed to him/her at the leased premises, or by posting the notice on the resident’s door. In the event that it is necessary for Attorney to institute action on this Agreement to collect any fees or costs that are due, Resident agrees to pay reasonable attorney fees and costs incurred, with or without suit. Resident further agrees to pay a service of notice fee equal to $25.00 in the event the landlord serves any notice for violations of this agreement. Such notices shall include but not be limited to nuisance notices, pay or vacate notices, Honor Code violation notices, and such other notices that are either required or allowed by this Agreement or Idaho Law. The parties agree that any legal action brought pertaining to or in any way related to this agreement, shall be exclusively in the Seventh Judicial District, in Madison County, Idaho, unless a separate jurisdiction or venue is agreed to in writing. As required by BYU-Idaho and owners, residents must carry appropriate insurance to cover accidents, liability, and health related issues. Verification may be required. TERMINATION BY LANDLORD: In any of the following instances the landlord may elect to terminate this lease, re-enter and take possession of the premises after notifying the student in writing pursuant to Idaho Law: (A) failure of the student to make any payment required under this Agreement when due; (B) when the cost of damages caused by the resident or his/her invitees exceeds the amount of the rental deposit; (C) when the student causes any material, substantial, or continuing breach of this Agreement; (D) when the student violates the Apartment Living Standards, or is not eligible to live in BYU-Idaho Approved Housing as defined in the Certification of Student Status paragraph; (E) when the students conduct interferes with other residents’ rights to peaceful enjoyment of the premises, recklessly endangers human life including self, or when the student assaults, harasses, disturbs the peace of, intentionally damages, defaces, or destroys the property of or threatens physical harm against other students, the landlord or its agent, or when the student suffers, permits, or maintains any nuisance, or any health or safety hazard on the premises. The resident will remain financially responsible for contract if Landlord must act on these violations set forth. All rent payments, fees, legal fees, collection costs, etc. must be paid by the resident. APPLICATION FEE, TERMS OF PAYMENT, AND LATE FEES (NO CASH—CHECK OR CREDIT CARD ONLY): a. Application/contract process requires submission of $175 Lease Deposit. $100 shall be applied as a non-refundable application and administrative fee. $75 is applied to the security and/or damage deposit. The non-refundable administrative and utility fee of $100 will be charged upon each new contract and transfer of properties within Rexburg Housing. b. Terms of Payment and Late Fees: Payments are due on the 1st business day of each month and/or as otherwise contracted. Prior to occupancy, Resident agrees to make payment in full of any Balance Due (per contract dates or alternate payment plan). Payments shall be applied as follows: 1st—Lease Deposit, 2nd—late fees, fines, additional charges, damages (past or present), 3rd—applicable property damage (past or present), 4th—past due rent. c. Payment Default: Payments shall be received within 3 calendar days of the required date. Late fees are assessed on the 4th business day of each month. Late fees are the higher of $25 per month or 18% annual or remaining amount due, plus an additional $35 for returned, cancelled, or NSF payments. Stop payment issues are a Default and may be prosecuted. CANCELLATIONS, CRITICAL DATES, APPLICATION FEES, TERMINATION OF LEASE/CONTRACT, CONTRACT TRANSFERS, AND TRANSFER FEES OR REPLACEMENT (PROCEDURES AND FEES): All cancellation, termination, or transfer requests by Resident must be in writing and must be received by manager (verbal conversations shall not apply). Postal mark/date shall be considered. Written notice must be received on or before date noted (or next available business day if a weekend) & no occupancy allowed. Approved refunds are normally forwarded within 30 days of written/approved request. See manager for specific procedures, qualifications, details, or other limitations/restrictions. Note that marriage, disciplinary action by BYU-IDAHO, voluntary withdrawal from BYU-IDAHO by resident, non-student status, late submission of BYU-Idaho application, travel, mission status, personal/family finances, or submission of any false or misleading information, etc., are not reasonable grounds for refund requests and shall disqualify resident from consideration. “NO SHOW” or (ABSENT) residents may be considered in Default and are required to pay. Cancellation dates, applicable refunds, and fees may apply as identified below: Denied Entrance Status to BYU-Idaho or Medical Necessity Refunds—Written requests (along with full explanation/documentation from attending physician and/or BYU-Idaho) will be considered if submitted 15 days or more prior to the beginning of the contract term. Future rental credits and/or full/partial refunds, cancellation fees, late fees, etc. may be considered. Consult with manager regarding requirements and details. Manager Assisted and Resident Contract Sales—Resident is ultimately responsible for all terms and/or sale of the contract. Verbal commitments or comments from manager shall not be binding! Please note that a $100 Transfer Fee will be charged. See manager for required details and procedures relating to the sale or transfer of a contract. Sellers are not to accept payments from Buyers. All payment exchanges must be made through the manager. Please note that if a concession was given it will be forfeit, therefore, the seller is responsible for the initial contract amount for the term they are selling. CANCELLATION POLICY NO DEPOSIT REFUND THREE (3) DAYS AFTER CONTRACT SUBMISSION AND APPROVAL. For any cancellation less than sixty (60) days prior to the first occupancy period of this contract, payment in full is required, $0 Deposit refund will be issued and an additional $100 contract cancellation fee will be charged. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. DAMAGE, DAMAGE NOTIFICATION, SECURITY DEPOSIT REFUND PROCEDURES: Notify manager within 48 hours of occupancy/occurrence and/or immediately in emergency situations, of any damaged or missing items (i.e. stains, window screens, etc.), flooding, fire, tears in furniture, holes in walls/doors, mold/mildew, broken items, broken or missing windows/screens, stains, damaged carpet or vinyl, missing/burnt out light bulbs, damaged furniture, and/or other items of concern, etc.—manager will verify; otherwise, Resident(s) of the apartment may be responsible for items that do not appear on the check-in list (replacement cost, time/material costs, handling, etc.). Resident agrees to IMMEDIATELY NOTIFY manager (verbally and/or in writing) regarding any damage to premises, maintenance needs, neglect or abuse, vandalism/pranks, etc. Vandalism in the apartment is a resident responsibility—and shall be reported to the police. Manager maintains a chart/guide of damage/replacement related costs and charges. Pets, aquariums, burning of candles, nails in walls, wall chalk or “glow” paint, paint, wallpaper, tape on walls, decals, and thumbtacks, etc., are prohibited! Residents shall not attempt to fill or repair nail holes—but must notify manager when they exist. Resident(s) shall not attempt or contract any maintenance repair without prior written authorization of the manager. The Security and Damage Deposit is held to secure the faithful performance of this contract and cover neglect, unpaid fees and charges, unpaid/unauthorized use of services, damage, extraordinary cleaning fees, etc.; however, the deposit shall not bear interest and need not be kept in a separate account. The deposit is normally returned within 30 days of contract termination. Resident is responsible to leave the apartment in as good a condition and as clean as when it was first occupied— normal wear and tear excepted. Residents that do not checkout as required, do not adequately clean, or do not personally return their key(s) to the manager may forfeit their entire deposit and be assessed additional fees. The deposit is not a charge or credit account for the resident to use. This contract applies jointly and severally to the resident(s) occupying the apartment during the contract term. Landlord shall not be liable for any damages or losses to person or property caused by the resident, or other persons, the elements, fire, theft, or other catastrophes unless the same is due to the negligence of the landlord. BASIC UTILITIES AND SERVICES: Basic Utilities (Electricity, gas, water and sewer--as they apply) and Basic Services (Trash and basic television or cable connections). Please see Basic Utilities and Services Addendum. HOUSE RULES AND CONDUCT: Resident agrees to abide by the House Rules, which further outline conduct around the property, use of the facilities, damage, etc. Contact manager for a copy of the latest House Rules. The applicable rules will be posted in the manager’s office and/or posted in a common area. Resident understands and accepts that the House Rules may be occasionally changed as deemed necessary for the health, safety, and welfare of the residents, guests, other Residents, Landlord, and facilities in general. Resident understands and agrees to IMMEDIATELY REPORT to manager (verbally and/or in writing) any and all BYU-IDAHO Code of Honor Violations, contract violations, and/or violations of the Landlord’s House Rules. Resident agrees to make every effort to maintain the premises in a safe and sanitary condition, appropriately protect and maintain the facility, respect the peace and privacy of the manager and other Residents of the community, and not infringe on any right of another Resident regarding their right to the quiet enjoyment of the apartment, or apartment community, etc. Resident shall maintain a living standard & environment that is in harmony with the standards, goals, and rules of BYU-IDAHO— including maintaining a clean, organized and sanitary apartment. RIGHT OF ENTRY: The Landlord (or assigns) shall have the right of entry, in an appropriate manner, for the purposes of inspection, repair, emergency, showing apartment to potential residents, to monitor resident conduct (relative to the BYU-Idaho Honor Code, contract or owner’s House Rules)--even if Resident(s) are not present. If present, resident shall respond. Landlord may also invite school authorities and/or any law enforcement personnel to inspect the premises, if appropriate and/or if there is suspicion of inappropriate activity. Resident hereby authorizes said authorities to enter and inspect the premises and storage areas without notice or warrant. PARKING: Parking is frequently a problem throughout Rexburg (especially during the winter months when parking in the public streets is not allowed). Parking is not included in this contract and will require an additional parking contract, however, manager clearly acknowledges that there will not be a parking space for every resident! PLEASE SEE PARKING ADDENDUM FOR ADDITIONAL TERMS AND CONDITIONS. LIFE SAFETY: SECURITY, EMERGENCY/SAFETY DEVICES, KEYS AND RENTER’S INSURANCE: Safety is critical to everyone in the apartment community! Except in the case of a true emergency (and subsequent/immediate notification to manager), occupants and guests are prohibited from tampering with, moving/removing, rendering inoperative, discharging, removing/borrowing batteries, disarmed, disconnecting from power supplies, or otherwise rendering any emergency device or equipment inoperative or placing it out of clear site/reach. Nothing is to be placed in the furnace closets. Management has the right to remove any items from the furnace closet during routine maintenance or apartment inspections. Violations may be punishable by law and be subject to additional fines/fees ($100 minimum), disciplinary action by BYU-Idaho, and immediate EVICTION, legal action, and be liable for all damage/injury at the premises (i.e. fire or injury if devices were missing or failed to function). Manager may check devices on a regular (even monthly) basis. KEYS (apartment, mail, common area, etc.): Keys that are lost, stolen, damaged, missing, etc. will result in an immediate fine and may require resident to pay significant re-keying costs (see House Rules). Resident(s) are responsible for locking the doors and windows in the apartment. Resident(s) are responsible for everything in the apartment, including but not limited to the electronic devices, appliances and furnishings provided in the apartment. Landlord is not responsible or insured for Resident’s personal property or negligence. Resident shall carry RENTER’S INSURANCE or adequate insurance to cover all injury, loss of personal belongings, and damage to the property as a result of vandalism, theft of any kind, fire, leaking or flooding, accidents, negligence, etc. during occupancy periods, visits, or at any time that resident(s) stores personal belongings on the property. Residents are advised that semester breaks are frequently heavy maintenance and inspection periods and a time when other roommates or resident guests visit the property (with or without permission from all the residents or manager). Many student storage areas and closets are unlocked, unmonitored and not guaranteed in any way by the owner; therefore, caution is advised if any items are stored on site—resident assumes all liability and agrees to HOLD HARMLESS all management, owners, and assigns. CONFLICT RESOLUTION/GOVERNING LAW: If resident has housing or contract related concerns, questions, or grievances that need to be addressed, manager shall be IMMEDIATELY notified (verbally and/or in writing). Prior to taking legal action and/or filing a complaint with the University, or other agency, Resident agrees to the following procedures: 1. Notify owner in writing (thoroughly explain the issue) 2. Schedule a timely and convenient meeting with manager or assigns to discuss pertinent issues and attempt to resolve the matter. 3. If meeting does not satisfy or resolve the issues, then either party may approach BYU-IDAHO (Housing Office and/or BYU-IDAHO Housing Arbitration Board). 4. Petitions are prohibited. BYU-IDAHO Certification of Student Status Clause (signature required on front of contract): I hereby certify that I am a “student” and am eligible to rent and reside in BYU-Idaho approved on- or off-campus housing, i.e. I am a full or part-time student of BYU-Idaho, enrolled in daytime or evening classes or I have been enrolled as a student within the last year or I am an applicant for enrollment within the next year. I further certify that I have never been evicted or had my tenancy terminated from BYU-Idaho approved housing (formerly known as Ricks College) for violation of the BYU-Idaho Honor Code or the BYU-Idaho Apartment Living Standards nor have I been dismissed, suspended, nor have I withdrawn (in lieu of being suspended or dismissed) from BYU-Idaho for non-academic reasons. I agree to live in BYU-Idaho approved housing under the principles of the BYU-Idaho Honor Code, the BYU-Idaho Apartment Living Standards, and the gender separation policy. I recognize and understand that my declaration of status as a student and continual maintenance of such status is material to and relied upon by the landlord in entering into this rental agreement and any misrepresentation found herein is a ground for immediate termination of this rental agreement and such other legal and equitable remedies as the landlord may pursue. Further, I understand that if I am found to have fraudulently claimed student status to acquire a housing contract the I am bound to the financial obligations of the contract and any collection, legal, or other fees as applicable. Please note that beauty school students are not eligible to live in BYU-Idaho approved housing. Continuing Education students must have written approval from the BYU-Idaho housing office for exception. BYU-IDAHO Apartment Living Standards Clause (signature required on front of contract): I agree to comply with, and acknowledge the landlord’s and my responsibility to maintain the BYU-Idaho Apartment Living Standards as listed below and to help other students maintain the same. Violation of these standards by the student shall be sufficient cause for eviction. Appropriate signature required on Contract. a) Guests of the Opposite Sex - Visitors of the opposite sex are permitted in living rooms and kitchens, but not in the bedrooms in on-or off-campus living units. The use of bathroom areas by members of the opposite sex is not appropriate unless emergency or civility dictate otherwise and then only if the safety, privacy, and sensitivity of other residents are not jeopardized. Visiting hours extend from Noon until 11 p.m. each day, including weekends. b) Conduct - All students shall be required to conduct themselves in a manner consistent with the principles of The Church of Jesus Christ of Latter-day Saints and the BYU-Idaho Honor Code. Furthermore, all students living in University-approved housing are required to abstain from possessing, serving, or consuming alcoholic beverages, tobacco, tea, coffee, and harmful drugs. Involvement with gambling; pornographic, erotic or indecent materials (including inappropriate Internet sites); disorderly, obscene or indecent conduct or expressions; or with other offensive materials, expressions or conduct or disruption of the peace which, in the sole discretion and judgment of the University, is inconsistent with the principles of the Church and the BYU-Idaho Honor Code is not permitted in student housing. All guests of students must comply while on the premises of University-approved housing. c) Dress and Grooming Standards - All students of University-approved housing are required to know the BYU-Idaho dress and grooming standards and abide by them. d) Maintaining the Standards - Students are expected to help their guests and other residents understand and fulfill their responsibility under the BYU-Idaho Apartment Living Standards and the BYU-Idaho Honor Code. e) Student Conduct. Both parties agree to abide by all BYU-Idaho Off-Campus Housing Guidelines and Policies, as well as the Honor Code. BINDING ARBITRATION: In the event the landlord and the BYU-Idaho student-resident fail to agree concerning the construction or application of any of the terms, provisions, or conditions of this agreement, and after mediation by the BYU-Idaho Housing Office, either party may present the controversy to the BYU-Idaho Housing Arbitration Board for arbitration. The party submitting the issue to the Housing Arbitration Board shall commence the action by serving a written request for arbitration with the BYU-Idaho Housing Office and upon the other party. The policies and procedures governing arbitration are contained in the “BYU-Idaho OffCampus Housing Guidebook,” a copy of which is located at the BYU-Idaho Housing Office, and the terms of which are incorporated by reference to this lease agreement and become a part of it. Awards made in arbitration may be confirmed by a court of law and enforced in the same manner as any other judgment or decree. Students who fail to satisfy any judgment of the BYU-Idaho Housing Arbitration Board shall be prevented from registering for school and/or a hold shall be placed on their grade transcripts until compliance with the judgment. If the landlord fails to comply with the judgment of the BYU-Idaho Housing Arbitration Board, BYU-Idaho may withdraw its approval of the apartment community for student occupancy. If neither party requests arbitration, or the Arbitration Board refuses to hear the dispute, the parties shall be free to pursue their civil remedies through a court of competent jurisdiction, and the non-prevailing party shall pay the cost of litigation and such amounting for attorney’s fees as the court may deem reasonable. You have read, understand, hereby acknowledge and agree to the terms and the conditions of this contract. Resident shall accept contract in entirety (and abide by the terms) or resident may be considered in default of contract and forfeit all rent, deposits, etc. Resident also understands that the terms of this contract may be changed with a 30-day notice to resident and the contract and changes will be binding and that House Rules may be modified from time to time without notice and changes shall be binding so far as they don’t violate the terms of the contract. CANCELLATION POLICY NO DEPOSIT REFUND THREE (3) DAYS AFTER CONTRACT SUBMISSION AND APPROVAL. For any cancellation less than sixty (60) days prior to the first occupancy period of this contract, payment in full is required, $0 Deposit refund will be issued and an additional $100 contract cancellation fee will be charged.