Rental Contract 2009-10

The following Agreement is hereby entered into between The Evergreen State College, hereinafter called the College or Residential and Dining Services, and a student attending The Evergreen State College, hereinafter called the Resident. This contract covers all Residential and Dining Services areas and specifically the building, bedroom and common space, hereinafter called the Unit, to which the Resident is assigned. The Resident agrees to abide by all state of Washington laws, Thurston County ordinances and regulations, College regulations, the Student Conduct Code, and the provisions of The Evergreen State College Residential and Dining Services Policies and Contract. The College is exempt from RCW 59.18.040 The Landlord Tenant Act.

Terms of Agreement

Residents must be enrolled students of the College or approved by the Assistant Director for Residential Life. The Resident is entitled to a living space in Residential and Dining Services during the following dates.

Fall/Winter/Spring Contract - Saturday September 19, 2009 to Saturday June 12, 2010 (residents of buildings A, B, C and D must vacate rooms for winter break closure from 4 p.m. Friday December 18, 2009; to 10 a.m. Sunday January 3)

Winter/Spring Contract - Sunday January 3 to Saturday June 12, 2010

Spring Contract - Sunday March 28 to Saturday June 12, 2010

Dining Plan Requirements

The meal plan requirement is for the entire academic year for all first year students who have 40 or fewer credits at the time they move onto campus. First year students are responsible for understanding and adhering to the Meal Plan Contract (http://www.evergreen.edu/rad/docs/FYmealplan2009-10.pdf).

Confirmation Payment

A $250 Confirmation Payment is required for Fall quarter assignments. The Confirmation Payment must be received by Residential and Dining Services on or before the date specified on the Offer of Housing Letter/Email to receive an assignment. Winter, Spring and Summer offers require a $100 Confirmation Payment to receive an assignment. If the Confirmation Payment is not received by the deadline, the Offer of Housing will be cancelled. The Confirmation Payment is applied toward the first quarter's rent. If you check out within the first 30 days of your contract you will forfeit your Confirmation Payment.  Winter, Spring and Summer Confirmation Payments are non-refundable.

Cancellation Prior to Occupancy

Fall Confirmation Payments are refundable by cancelling your application at https://my.evergreen.edu/rental_application/cancel by August 10.

Winter/Spring Contract, and Spring Contract Confirmation Payments are non-refundable. If the Fall Confirmation Payment has been deferred for any reason, the Resident will still be responsible for the payment even if the contract is canceled. Exceptions to this refund policy will only be made for documented medical reasons approved by the Assistant Director for Residential Life.

Contract Break

A Resident who moves out without an approved "Application for Release from Contract form" and/or is evicted by Residential and Dining Services will be considered to have broken the contract. A Resident with a broken contract is obligated to pay the full rental rate for the current quarter plus $250 per quarter for each remaining quarter of the contract.

Check Out Information

Residents must check out before 12:00 noon on the final day of the quarter to avoid being charged for the full cost of the following quarter, as well as additional charges and/or penalties. Spring quarter check out must be before 2:00 pm Saturday June 12, 2010.

Improper Check-Out

If you do not return all keys and complete a Check-Out Form and have a Residential and Dining Services Staff or Resident Assistant initial it, you will be charged an improper check out fee of $60. In the Spring quarter, failure to check out by the end of the contract will result in a $300 late check out fee plus the $60 improper check out fee.

Contract Release

Residents who complete a "Release from Contract form" (available on the web site ) will be released from the Residential and Dining Services Contract without financial penalty for the following reasons and with approval by the Assistant Director for Residential Life:

• Academic Internship or Individual Learning Contract which requires you to live outside Thurston County for a period of 30 consecutive days or more during an academic quarter.
• Change of academic status with the College such as Academic Leave of Absence, Academic Withdrawal or Graduation.
• Medical Release. This requires a licensed physician's statement on office letterhead explaining why the medical condition requires you to be released from your Contract. Residential and Dining Services requires thirty (30) days from receipt of your physician's letter to work to accommodate your specific medical needs.

If you check out within 30 days of the end of the academic quarter, you are obligated to pay rent for the entire quarter.

Consolidation

Residential and Dining Services reserves the right to reassign any Resident to another room at any time in order to make the most efficient and effective use of the residential facilities. Residential and Dining Services may consolidate a room(s) and/or apartment when the Unit is 50% or less occupied, at Residential and Dining Services' discretion.

Residents living in under-utilized Units may apply to pay a reduced occupancy charge to avoid a new Resident being assigned by Residential and Dining Services. At Residential and Dining Services' discretion, a Resident may be given the option of reduced occupancy, allowing the Resident of paying an additional charge to use a shared room as a single.

Reduced Occupancy

If a roommate leaves, the remaining Resident must be willing to accept a new roommate when someone is assigned to the vacant space at any time during the academic year. If a Resident refuses, or does not maintain the room, suite, or apartment in such a way that a new roommate can move in, the Resident may be charged for use of the additional space.

Termination of Agreement:

Termination shall not relieve the Resident of their liabilities and obligations.

1. By Termination of Student Status: Students must vacate rooms within 24 hours of termination of their student status.

2. By Default or Breach: The Agreement may be terminated, after 10 days notice of intent, in the event that the student:

• Is in default in payment for more than 10 days, except where there is a written agreement to extend the period.
• Breaches, violates, fails to perform, or is in default of the performance of any of the terms of this Agreement.

Room Rates/Payments

Charges for rooms will be assessed based on the Resident's assigned room and contract length. The Evergreen State College Board of Trustees annually approves rates in late spring. Residents who are allowed to move in prior to their contract start date will be billed at a prorated daily rate for the additional days of occupancy. Adjustment in billing will not be made for Residents who move in after the beginning of their contract; however residents who receive a room assignment after the standard check in date will only be responsible for rent from the date of their check in. Rent is due in full in advance and is billed quarterly.  Rent is paid online at http://www.evergreen.edu/webpayment/ or at the Cashier's Office. Rent being paid with money from grants, loans, scholarships or other financial aid and/or earnings from the College, is due upon receipt of the aforementioned money. If unable to pay rent in full, the Resident must contact the Residential and Dining Services Office immediately to make arrangements to meet the financial obligations. A late fee is assessed for all Residential and Dining Services charges that are 30 days past due. Rental Rates 2009-2010.

Unpaid Rent/Collections

The Resident agrees to pay the reasonable cost and expenses of collection, including the collection agency fee and reasonable attorney's fees, in the event the College is required to place any outstanding account, debt or claim with a collection agency and/or utilize the assistance of legal counsel to collect on the account, debt or claim arising from this agreement. In addition, the Resident's transcript and records will be held until the debt is resolved. Residential and Dining Services financial charges may be appealed by contacting the Residential and Dining Services Office and filing a Billing Appeal form with the Residential and Dining Services Housing Arbitration Panel.

Services Provided

All Units are furnished and include utilities: water, heat, electricity, cable TV, and Internet access. The College shall have the right to temporarily interrupt such utilities or due to accidents, emergencies, repairs, alterations or improvements, which in the judgment of the College are necessary or desirable. The Resident shall claim no diminution or abatement of rent or other compensation, nor shall this agreement or any part of the obligation to the Resident hereunder be affected or reduced by such interruption or curtailment.

Damage and Cleaning

The Resident must keep assigned Unit clean and advise Residential and Dining Services staff of any necessary repairs. The Resident is responsible for the costs and expenses resulting from damage to a room, suite, apartment, or building, including college equipment or furniture, by them or their guests. The Resident is also responsible for the cost of additional cleaning required to return their room, suite, or apartment to its pre-occupancy state. The Resident will be sent a Room Inventory form in the first five business days after check-in which allows the Resident to document the existing condition of the room; the Room Inventory must be turned in within seven business days of its receipt.

Alterations

Any alterations, modification or additions to the unit are prohibited. Additional locks, structural additions of any kind, removal of fixtures, or painting are prohibited. All repairs, including painting, must be completed by Residential and Dining Services staff.

Keys

The Resident is responsible for any keys signed out.  Keys may not be duplicated or altered.

Room Transfers

Residential and Dining Services reserves the right to change a room assignment or transfer a Resident to a different room in the event of a natural disaster and/or situation beyond its control, or in the event of irreconcilable roommate conflicts. The Resident is allowed one free room transfer per academic year. Additional room transfers are billed at $40 and are contingent on space availability. A room transfer must be completed within 24 hours or one working day after checking in to the new room to avoid paying rent for both rooms.

Appeals

Residents have the right to appeal financial decisions made by Residential and Dining Services to the Housing Arbitration Panel as outlined on the website; appeal deadlines may be found online.

Personal Property

The College assumes no responsibility for loss or damage to any resident's personal property from any cause. Residential and Dining Services strongly recommends students obtain insurance coverage by purchasing a renter's insurance policy or verify that coverage is available under their family's homeowner's insurance policy.