Students at Living Arts College, North Carolina enjoy excellent options for housing. SmartSuites is the on-campus facility offering private bedroom suites. As part of the application process for SmartSuites, the student or parent signs the official lease form at move in. The lease form appears below. It is shown here as an informational preview. Because of the format, this form is not displayed for mobile viewing. Direct your housing questions to Student Services at Living Arts College: Phone 919.488.8500.
SMARTSUITES LEASE
Raleigh North Carolina campus
You must have your "My Housing Plan" in hand for an approved MOVE-IN | Phone 919.488.8500 in the USA for assistance and housing confirmation
Housing Lease Agreement for SMARTSUITES
3010 Wakefield Crossing Drive Raleigh, North Carolina USA - issue SS_lease 13
TERMS OF AGREEMENT
Initial each section in the space provided acknowledging you have read and understand the terms of this Lease Agreement.
______1. Housing Provided: The Student must be enrolled and attending Living Arts College in order to reside at the SMARTSUITES facility and must be at least 18 years old at the time of the move-in date or turning 18 years old within three (3) quarters of the Student’s move-in date unless approved in writing by the Director
______2. Term: Provided the Student is not in default under this Agreement, the Student will be entitled to occupy the area assigned by SMARTSUITES during the period specified under DATES OF OCCUPANCY.
______3. Rent: The Student will pay to SMARTSUITES an Occupancy Charge (Rent) per month, on a monthly basis under this Agreement as follows. The Rent is subject to increase in the Fall Quarter of every year at the discretion of SMARTSUITES. Housing Agreements for Students who move in at mid-year begin on the date of occupancy: Rent is due by the 5th of each month. A $32.95 late fee will be charged on the 6th of the month if rent remains unpaid.
$________Per Month: Rent is charged per month and includes: satellite, Internet, basic utilities, appliances, furniture and furnishings as listed on the Room Condition Report. A student’s lease agreement starts the month they move in and lasts for a total of four (4) Living Arts College academic quarters. For example, if a student starts in the Fall Quarter, his/her lease agreement will end with the Summer Quarter. Any current student can then choose to renew the lease agreement for another four (4) quarters without paying any additional restoration fee or housing deposit. If the student chooses not to renew the lease at the end of the year, written notice to vacate must be given 60 (SIXTY) days prior to lease end date.
The Student agrees to pay the above charge for the full term of this Agreement prior to the beginning of each month or as scheduled in his or her Student Financial Plan. The Student agrees to pay additional rent for a single occupancy suite if one is available. The rent is exclusive of other tuition that may be due, and exclusive of accommodations that may be provided during official school breaks or when facilities close during official school breaks for maintenance, cleaning and other administrative purposes.
______4. Refund Policy: No portion of the rent provided under this agreement will be waived or refunded for any reason after it has been paid, except to the extent provided in this paragraph. Any prepaid and unused amount of rent in excess of fees owed by the student to SmartSuites outside of this agreement will be refunded per the published refund policy of SmartSuites. Fees assessed in this lease shall not reduce the student’s liability for damages caused to the unit or personal property therein. Payment of fees shall not affect the student’s liability to pay any other charges, bills, or costs incurred during the occupancy or as a result of any early termination. Any amounts owed by the student hereunder shall be paid within sixty (60) days after termination of this agreement.
______5. Early Termination: SMARTSUITES will have the right to terminate this Agreement, and/or to terminate or to suspend any of the rights and privileges of the Student under it and/or to require the Student to vacate the Unit at any time, with or without notice, under any of the following circumstances: a.) a failure of the Student to pay when due any amount to be paid by him or her under this Agreement or under the Student's enrollment agreement with SMARTSUITES; b.) the Unit or sponsored housing facility has been determined by SMARTSUITES, in its sole discretion, to no longer be available for occupancy by the Student. The Student acknowledges that SMARTSUITES will order a criminal record and/or background check on the Student and SMARTSUITES may make student housing decisions based on the results of such record or check. If the occupancy of the Student is terminated early due to the termination of the Student from school, then the Student will be responsible for a rent fee through the date of termination. If the occupancy of the Student is terminated early due to the Student’s withdrawal from school, the following will apply:
1. If the Student decides to remain in school until the end of said quarter, the student may give a proper 60 (SIXTY) day notice and there will be no penalty fee for early termination of this lease.
2. If the Student decides to remain in school until the end of the quarter and does not provide a 60 day notice SMARTSUITES has the right to charge the student 60 days of rent plus (1) months’ rent penalty for breaking the lease.
Students are required to give a written notice-to-vacate at least 60 (SIXTY) days prior to their intended move-out date. If the occupancy of the Student under this agreement is terminated early by the Student for any reason other than the two previously stated, the Student will be responsible for a rent fee through their 60 (SIXTY) days’ notice, unless the room is able to be re-rented before the end of this 60 (SIXTY) days in which case the Student will only be responsible for the rent fee until the new Student moves in. In addition, if the occupancy of the Student under this agreement is terminated early by the Student for any reason other than the two previously stated, the Student will be responsible for the payment of an Early Termination Fee which is equal to one month’s rent. This fee is to be paid upon move-out, and it cannot be taken from the Student’s Financial Planning funds but must rather be paid out of pocket.
______6. Restoration Fee and Housing Deposit: By the signing of this Agreement by the Student, he or she will pay the total sum of $400.00 which will be applied as follows (a) $300.00 as a Restoration Fee which is non- refundable and covers the processing of the application and all charges necessary to prepare the Unit for occupancy, and (b) $100.00 as a Housing Deposit, which may be refundable. The purpose of the Housing Deposit is to secure (a) payment of the Rent, (b) payment of any amount properly assessed by SMARTSUITES for damage, and/or (c) the faithful performance of all the other obligations. In addition, if the Student (i) fails to take occupancy when scheduled under this Agreement, or (ii) fails to pay the initial portion of the Rent when due, or (iii) cancels or defaults under this Agreement for any reason at any time, SMARTSUITES will be entitled to retain the entire Housing Reservation Payment ($400.00) as damages. In the event of cancellation of this Agreement by the Student any time within sixty (60) days prior to the first day of the Term, the entire Housing Reservation Payment ($400.00) shall be forfeited to cover administrative costs associated with securing the Unit for occupancy. If the cancellation of this Agreement by the Student occurs more than sixty (60) days prior to the first day of the Term, the entire Housing Reservation Payment ($400.00) will be refunded to the Student. If and when damage claims are properly assessed against the Student, SMARTSUITES may deduct that amount from the Housing Deposit and, in such event, the Student will be obligated immediately to restore the Housing Deposit in full. Within thirty (30) days after the last day of the Student's occupancy under this Agreement, SMARTSUITES will refund the balance of the Housing Deposit to the Student, less any portion properly retained by SMARTSUITES as stated.
______7. Responsibility for Damage: The Student shall give SMARTSUITES prompt notice of any damage to and/or dangerous or defective condition at the properties. The Student will be responsible for and will promptly pay all costs of repairing any and all damage caused by the Student and/or by his or her guests at any time and for any reason, to any other portion of the SMARTSUITES or to any furniture or personal property of SMARTSUITES or the owner of the SMARTSUITES, and for any missing items, regardless of whether or not any willful misconduct or negligence can be shown. SMARTSUITES may deduct such cost amounts from the Housing Deposit, or may require all or any portion of them to be paid separately by the Student. The Students shall be liable, jointly and severally, for the cost of repairing damages due to vandalism and misuse of a Unit, Common Areas, any other portion of the SMARTSUITES, or any personal property therein when no reliably known source of damage is identified.
______8. Rights Personal to the Student: The use granted by this Agreement is personal to the Student and therefore, neither assignable to any other person, nor may the Student sublicense, encumber or otherwise transfer any of his or her rights or privileges under this Agreement at any time.
______9. Rules and Regulations: The Student agrees to comply at all times with all of the "Rules and Regulations" established by SMARTSUITES for the sponsored SMARTSUITES, as those Rules and Regulations may be amended and/or supplemented from time to time by SMARTSUITES or by the owner of the sponsored housing facility, as well as any other housing policies provided to the Student. The Student agrees to cause all of his or her guests to comply with the Rules and Regulations and other housing policies. The Rules and Regulations are published to provide students with general notice of proscribed conduct; they should be read broadly and are not designed to define misconduct in exhaustive or exclusive terms. Any failure of the Student or of his or her guest(s) to comply with the Rules and Regulations or other housing policies will constitute a material default of the Student under this Agreement and the Student may be subject to disciplinary action or special charge for smoking as follows. A smoking cleaning charge of $250.00 will be made to the Student per smoking incident. SMARTSUITES will not be liable to the Student for a violation of the Rules and Regulations or other housing policies by any other student or by any other person.
______10. Personal Property of the Student: SMARTSUITES will not in any event or at any time be responsible for any damage to personal property of the Student or of any other person by reason of fire or other casualty, or for any damage or theft or other loss of such personal property. Front/main doors leading into each suite are to remain locked at all times. SMARTSUITES strongly recommends that the Student maintain fire, casualty, theft and personal loss insurance covering his or her personal property which is located in or around SMARTSUITES. SMARTSUITES will not hold belongings left behind by the Student after he or she moves out for any length of time and reserves the right to discard them or donate them to charity without notification.
______11. Parking: The Student will be permitted to use the parking spaces for SMARTSUITES in accordance to student parking rules. However, the Student understands that those parking spaces are limited and that there is no guarantee of the availability of any particular parking space. Any use of a parking space by the Student or any other person is at his or her own risk; SMARTSUITES undertakes no responsibility for the safety or safekeeping of any motor vehicle or its contents at any time. SMARTSUITES strongly recommends that the Student maintain proper automotive insurance covering theft, vandalism or damage of any kind. All students and guests must have parking permits where applicable. Unauthorized vehicles will be towed without notification at the owner's expense. Disabled or commercial vehicles may not be stored in the parking area provided hereunder, and SMARTSUITES reserves the right to tow them without notification at the owner's expense.
______12. Common Area: The Student will be entitled to the right of access to and the use of any designated Common Areas of the SMARTSUITES, provided the Student is not in violation of the Rules and Regulations. The following areas are typically designated Common Areas: floor hallways, stairwells, exterior corridors, main hallways, and the laundry room. The Housing Staff reserves the right to impose conditions on the use of the Common Areas.
______13. Utilities: All of the following utilities for the Unit will be provided and paid for by SMARTSUITES:
cold water, hot water, sewer, n/a gas, electricity, core satellite TV channels, and one wireless Internet access [not including wireless adapter(s). Only reasonable, ordinary, and customary usage by the Students is permitted. SMARTSUITES reserves the right to charge additional amounts to the Student(s) assigned to any Unit (jointly and severally) and the Student agrees to pay or reimburse SMARTSUITES within thirty (30) days of receipt of SMARTSUITES’s written invoice, the amounts by which the costs of any one or more of those utility services used in connection with the Unit during any billing period exceed by more than ten percent (10%) the average usage of that utility by the other units in the sponsored housing facility.
SMARTSUITES will not be responsible for any interruption in services caused by any other cause beyond SMARTSUITES’s reasonable control.
______14. Maintenance and Access: The Student will be jointly and severally responsible with any other student occupying the Unit for maintaining the Unit in their original safe, clean and good condition and in proper repair, throughout the Term of this Agreement, reasonable wear and tear excepted. Furniture may not be moved. Access without notice to the Unit by designated maintenance personnel is permitted as needed 24 hours a day.
______15. Inspection: If the Student vacates the Unit for any reason during the Term, the Student will remain responsible for any damage or failure to maintain occurring up to the time that the Student has arranged for an SMARTSUITES representative to complete a thorough inspection of the Unit. SMARTSUITES will inspect the Unit promptly upon the receipt of any such request. SMARTSUITES reserves the right for its employees and agents or the owner of the sponsored housing facility or its employees and agents to inspect any Unit and property at any time and without notice for any health, safety, or security reasons or to insure compliance of the Rules and Regulations, or to inspect or perform maintenance work. SMARTSUITES also reserves the rights for its employees or agents to enter the Unit at any other time if and when the SMARTSUITES Housing staff or any other representative of SMARTSUITES reasonably and in good faith believes that such entry is necessary (1) to deal with an emergency affecting the safety of the Unit or of any person, (2) to enforce the provisions of the Rules and Regulations or (3) for any reasonable purpose. Students who do not maintain rooms in acceptable hygiene condition will incur all costs of cleaning services and may be subject to disciplinary action.
______16. Relocation of Students: SMARTSUITES will have the right to relocate the Student to a different Unit any time during the Term of this Agreement, either permanently or temporarily, for any reasonable purpose, including without limitation the following: (a) incompatibility of the Student with any other student assigned to the Unit; (b) vacancies in the Unit and in any other unit in the sponsored housing facility; (c) a need to repair or renovate the Unit; and (d) a good faith judgment of SMARTSUITES that it would be desirable to reassign students for better communication, supervision, or general logistical purposes. The Student may be terminated from housing or charged for the cost of relocation or double the Rent, either permanently or temporarily, for failure to comply immediately upon notice from SMARTSUITES to prepare for incoming students or maintenance reasons. If the Student refuses to relocate, SMARTSUITES reserves the right to move the Student’s belongings without his or her permission and will defer moving charges to the Student’s account. Should a problem occur between roommates, the Housing Staff should be notified promptly in order to resolve the situation in a timely and effective manner.
______17. Additions, Alterations or Improvements: The Student may not make any additions, alterations, or improvements to the Unit without the prior written consent of SMARTSUITES, which may be denied for any reason in its sole and absolute discretion. Only small nails may be used to attach decorations to walls. Command hooks, tape, or Velcro are not allowed. The student will not tamper with or access the smoke detectors and is subject to an inspection and repair charge of $50.00 for any such tampering. In addition, any Student caught smoking inside any area of the SMARTSUITES will be charged a cleaning fee of $250.00.
______18. Energy Consumption: SMARTSUITES reserves the right to enter a Unit to turn off appliances left in operation when no one is present, to conserve energy. Doors must remain closed in order to prevent air conditioning malfunctions. The Student agrees not to use any appliances, fixtures, or plumbing facilities in the Unit for any purpose other than that for which said items were designed. Any damage resulting from the misuse of such items shall be paid for by the Student.
______19. Health Services: SMARTSUITES will have no obligation to transport for or provide health services to the Student.
______20. Food Service: No food service of any kind will be provided by SMARTSUITES to the Student. The Student will be solely responsible for providing his or her own meal arrangements.
______21. Vacating during Breaks: In the event the Student intends to vacate the Unit during any of the quarter breaks, the Student must inform SMARTSUITES Housing Staff. SMARTSUITES will not be responsible for any damage to or theft of the personal property of the Student at any time, including, without limitation, any break.
______22. Vacating the Unit Upon Termination of this Agreement: Promptly on or before the last day of the Term of this Agreement or on the effective date of any earlier termination for any reason, the Student will vacate the Unit and will remove all of his or her personal property from the SMARTSUITES, and will return all keys to the Housing Staff of SMARTSUITES. The Student will be responsible for the cost of the repair of any damage to the Unit caused by removal of any of his or her property. The Student expressly waives any and all notice requirements which otherwise might qualify such obligation.
______23. Removal: Where the Student does not move out in a timely manner following the termination of this Agreement for any reason, including but not limited to violation of the Rules and Regulations and/or any provision of this Agreement, SMARTSUITES reserves the right to remove the Student and his/her possessions from the occupied Unit and to charge a fee for failure to timely vacate. SMARTSUITES will also have the right to refuse the renewal of any housing lease agreement.
______24. Mold: The Student acknowledges that it is necessary for the Student to provide appropriate climate control in the Unit, keep the Unit clean and take other measures to prevent mold and mildew from accumulating in the Unit. The Student agrees to clean and dust the Unit on a regular basis and to remove visible moisture accumulation on windows, walls and other surfaces as soon as reasonably possible, and shall not block or cover any of the heating, ventilation or air conditioning ducts in the Unit. The Student agrees to immediately report to SMARTSUITES Housing Staff (i) any evidence of a water leak or excessive moisture in the Unit, as well as in any Common Area of the sponsored housing facility; (ii) any evidence of mold or mildew-like growth that cannot be removed by simply applying a common household cleaner and wiping the area; (iii) any failure or malfunction in the heating, ventilation or air conditioning systems in the Unit; and (iv) any inoperable doors. The Student further agrees that the Student shall be responsible for damage to the Unit and the Student’s property as well as injury to the Student, other occupants and guests resulting from the Student’s failure to comply with the terms of this paragraph.
______25. Damage or Destruction: In the event of damage by fire or other casualty that renders the Unit unusable for the purposes intended herein, this Agreement will continue unless terminated as provided herein.
SMARTSUITES may elect to terminate this Agreement by notifying Student within thirty (30) days after the date of the damage, and this Agreement will terminate on the date set forth in such notice.
______26. Indemnity; Waiver of Jury Trial: The Student agrees to indemnify SMARTSUITES, any affiliated entity and their officers, directors, trustees, employees and the owner of the sponsored housing facility for, and to hold them harmless from, any and all losses, claims, costs, injuries, and damages of any kind (including, without limitation, attorneys’ fees and court costs) arising out of or resulting from any act or omission of the Student or of any representative, agent, licensee or guest of the Student or any default by the Student under this Agreement. The Student shall be liable for attorneys’ fees and costs should it become necessary for SMARTSUITES to enforce any term or condition herein, and the Student hereby waives trial by jury in any proceeding between the parties for whatever cause.
______27. No Landlord/Tenant Relationship: THE STUDENT ACKNOWLEDGES THAT THIS AGREEMENT IS INTENDED TO CREATE A LICENSE FOR USE OF THE UNIT AND NOT TO CREATE A LANDLORD AND TENANT RELATIONSHIP. STUDENT HEREBY ACKNOWLEDGES THAT THEY SHALL NOT POSSESS ANY RIGHTS AS A TENANT HEREUNDER AND HEREBY WAIVES ANY RIGHTS OF A TENANT UNDER THE LANDLORD/TENANT LAWS OF THE STATE WHERE THE SMARTSUITES ARE LOCATED.
______28. No Waivers by SMARTSUITES: If SMARTSUITES fails to enforce any term of this Agreement, said failure shall not be a waiver of any of SMARTSUITES’s rights.
______29. Partial Invalidity: A determination that any provision of this Agreement is void, voidable or unenforceable for any reason shall not affect the validity or operation of the remainder of this Agreement. When the terms of this Agreement are inconsistent with applicable law, and where applicable law controls, this Agreement shall be deemed to be amended to comply with applicable law.
______30. Limitation of Liability: The Student unconditionally releases SMARTSUITES, any affiliate of SMARTSUITES and their director’s officers, employees and trustees from liability for any injury to Student or guests of Student, whether or not caused by SMARTSUITES, any affiliated corporation and their directors, officers, employees and trustees. The Student accepts full responsibility for any and all such injuries.
______31. Subordination: This Agreement and all rights of Student hereunder are subject and subordinate to the terms and conditions of any underlying lease and/or mortgage which may now or hereafter affect the sponsored housing facility.
______32. Governing Law: This Agreement is governed by the laws of the State where the SMARTSUITES is located whether or not this Agreement is actually signed in such state. The Student and his or her parent(s)/guardian(s) agree to submit to the exclusive jurisdiction of the courts of the State where the SMARTSUITES is located and agree that notice can be given by certified mail or by hand delivery to the Student or parent/guardian when applicable.
______33. Entire Agreement: This Agreement (including the current release of the Rules and Regulations and the Student Handbook), constitutes the entire agreement between the parties hereto with respect to the subject matter and supersedes all prior and contemporaneous agreements, whether oral or written. There is no other representation, understanding, promise or agreement between them except those set forth above or referenced herein. No modification or amendment to this Agreement will be effective unless it is in writing and is signed by all parties.
Notwithstanding, any amendments to the Rules and Regulations do not need to be signed by SMARTSUITES or the Student in order to be effective. Such amendments need only be posted by SMARTSUITES in the Common Area at a location chosen by SMARTSUITES for posting notices or delivered to the Student by U.S. or electronic mail, and the Student hereby agrees to abide by any such amendments to the Rules and Regulations.
______34. Notice to Vacate: Note that written notice to vacate is required from the student with the intent to move or non-renew lease, not less than 60 (SIXTY) days prior to the original end date of the signed lease agreement.
I HAVE READ AND UNDERSTAND THE HOUSING LEASE AGREEMENT AND THE RULES AND REGULATIONS FOR LIVING IN THE SMARTSUITES. I AGREE TO ADHERE TO THEM AND UNDERSTAND THE PENALTIES FOR VIOLATIONS. LIVING ARTS COLLEGE WILL HAVE THE RIGHT, AT ITS OPTION AND SOLE DISCRETION, TO REFUSE THE RENEWAL OF ANY AGREEMENT.
THIS STUDENT HOUSING LEASE AGREEMENT is entered into between the SMARTSUITES and the Student. If Student is a minor or dependent, the undersigned parent(s) or guardian(s) of the Student, jointly and severally, intend to be legally bound.
DATES OF OCCUPANCY: TERM BEGINNING ________________________________
TERM ENDING _______________________________________________________________
PRINT STUDENT NAME HERE _______________________________________________
STUDENT SIGNATURE ____________________________________ Date ______________ SS# ______________________
Joinder of Parents or Guardians: If the Student identified in this Agreement is a minor or a dependent of parent(s) or guardian(s) on the date of the Agreement, the undersigned parent(s) or guardian(s) of the Student have executed this joinder as an inducement to SMARTSUITES to accept this Agreement. The parent(s) or guardian(s) ratify the Agreement on behalf of the Student and themselves, and unconditionally guarantee the full and prompt performance by the Student of all of his or her obligations under it, and waive any and all rights which he/she/they or the Student otherwise might have or assert or which would be inconsistent with this Contract. Such parent(s) expressly waives any right or claim against SMARTSUITES and SMARTSUITES’s corporate parent, any affiliated entity and their officers, directors, trustees, employees and the owner of the sponsored housing facilities as well as any defense parent(s) may advance, on account of the Student being a minor, if applicable. I agree by signing below to pay additional rent for a single unit, if one is available.
PARENT(S)/GUARDIAN(S) SIGNATURE(S) ___________________________________________ DATE ____________
PARENT(S)/GUARDIAN(S) SIGNATURE(S) ___________________________________________ DATE ____________
Address ______________________________________________________________________________________________
_______________________________________________________________________________________________________
Emergency Contact Information: _____________________________________________________________________
Emergency Contact: __________________________________________________________________________________
Relationship to Student: ______________________________________________________________________________
Emergency Address: __________________________________________________________________________________
Email address: ________________________________________________________________________________________
Cell Phone #: - ____ Work Phone #: ( ) - ____ Home Phone # ( ) - ____
Special Instructions/Medical Conditions/Allergies (if any):
Important information regarding MOVE-IN
SmartSuites & Living Arts Off-Campus
A Monday MOVE-IN allows full service availability by Campus staff and services to include: Student Services, Security, Bursar, Admissions, Maintenance, IT support.
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*Due to capacity limits, Student Services is taking special care to confirm and limit housing authority to those who have completed all housing application steps.