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2023–24 Unfurnished Apartment Contract

2023–24 Unfurnished Apartment Contract

2023–24 Unfurnished Apartment Housing Contract Terms and Conditions

This contract is between you and IU Housing on behalf of The Trustees of Indiana University (IU). Your acceptance of the terms of this contract is indicated by electronic submission of this contract. If you are under 18 years of age, this contract will not be effective unless your parent or guardian agrees to its terms via electronic submission.

You must agree to the contract terms before you may submit your housing preferences.

Indiana University (IU) makes all assignments without regard to race, color, religion, sexual orientation, disability, or national origin.

Definitions

"Start Date" means the earlier of the date you move in, if you have arranged for early arrival, or
1. August 1, 2023 for 12-month contracts, or
2. August 16, 2023 for 10-month contracts.
"End Date" means the earlier of the "Cancellation Date" as defined below, or
1. July 31, 2024 for 12-month contracts, or
2. May 4, 2024 for 10-month contracts.
"Contract Term" means the period between the Start Date and the End Date of this contract.
"Unit" means the particular apartment to which a Resident (as defined below) is assigned, including any of the apartment's shared areas, such as the Unit's kitchen or living room, and the building's common spaces, such as corridors and entrances, for which you have a non-exclusive right to access and use.
"Checkout" means the published checkout process for your particular apartment.
"Cancellation Date" means:
1. The date you vacate your unit, turn in your unit key(s) if applicable, and complete Checkout, or
2. If you never occupy your Unit, or if you vacate your Unit and do not notify the Apartment Housing Assignment Office in writing, the Cancellation Date is the day the Apartment Housing Assignment Office learns that your assigned Unit is vacant.
"Occupant" means a family member, dependent, or domestic partner identified in your contract who will be living with you in the Unit who is not a contract holder. You must get approval from the Manager of Assignments to have anyone live in the Unit.
"Resident" refers to the person who has entered into a contract to live in an IU Housing Unit, or, in the event of the person being under 18 years of age, "Resident" refers to the student whose parent or guardian contracted for the IU Housing Unit on his/her behalf.
"First Time Resident" means a Resident who has never contracted to live at an IU Housing location prior to the start date of this contract.
"Continuing Resident" means an IUB student or affiliate who has contracted to live in an IU Housing location prior to the start date of this contract, received an exemption during their first year as an IUB student, or who is coming to IU Housing and is not a first year, transfer student or incoming graduate student.

Charges and Fees

Indiana University Bloomington's (IUB) enrollment deposit of $100 for all new students is due by May 1, 2023. This is not an IU Housing fee, but it must be paid before your housing assignment will be made.
In consideration for a housing assignment, the student agrees to pay IU Housing the rates specified for the student's assigned Unit, as announced, or as adjusted by, the Indiana University Board of Trustees. Housing costs are finalized during the prior spring semester. You will be notified no later than May 1, 2023 of the Board of Trustee-approved rates to which you are hereby agreeing. For purposes of guidance only, specific housing costs for 2022-2023 (the previous academic year) are available.
There is a $6 Apartment Family Council activity fee per academic term (fall, spring, and summer).
All First Time Residents and all others who are not Continuing Residents are required to make a non-refundable $200 application fee payment at the time of contract submission.
Charges for housing are billed monthly.
There is a per-day fee if you arrange for early arrival. If your contract is accepted after the Start Date, your housing charges will be adjusted on a pro-rated basis.
Except for fees listed in Clauses 11 & 14, all charges and fees referenced in this contract will be billed to your bursar account.

Term and Cancellation

IU Housing may cancel this contract if you:
1. fail to maintain eligibility requirements, or
2. fail to make timely housing payments, or
3. fail to comply with the terms of the housing contract, including without limitation the Behavior and Conduct terms (paragraphs 42-47 below) or
4. are dismissed from IUB or your admission is rescinded by IUB.
If this contract is cancelled prior to the end of the Contract Term, you must follow the cancellation procedures, pay the cancellation fees, and complete Checkout.
Renewal of the contract at the end of the Contract Term is not guaranteed.

Eligibility

To be eligible to be a Resident in an IU Housing apartment, you:
- must be a registered IUB student as defined in the Code of Student Rights, Responsibilities, and Conduct, and
- must be at least 19 years of age, and
- cannot be a first time, first year IUB student, and
- must have either lived in an IUB residence hall or apartment for two semesters or completed two semesters at another college or university, or
- deemed eligible by the IU Housing Apartment Assignments office.
Convicted sex offenders are not eligible to reside in university housing.
- If IU Housing learns that a current or pending Resident is a convicted sex offender, this contract will be cancelled.
- At the time the Resident seeks approval from the RPS Apartment Assignments office for any Occupant, the office may ask the Resident for additional information about a proposed Occupant, including whether or not the Occupant is a convicted sex offender. Any previously-provided approval can be rescinded if IU Housing discovers that the Occupant is a convicted sex offender and/or that the Resident provided false information. Additionally, the Resident may be suspended or expelled from university housing if the Resident provides false information and/or attempts to conceal the fact that an Occupant or proposed Occupant is a convicted sex offender.

Assignments

Continuing Residents may request to remain in the same apartment for the following contract year or may request another apartment and will be given priority in assignment over new applicants. New applicants will be assigned on a first-come, first-served basis.
IU Housing will make a preliminary unit assignment; however, if IU Housing is unable to deliver possession of the unit preliminarily assigned, you agree to accept assignment to another unit.
IU Housing reserves the right to change your assignment in appropriate circumstances, including, but not limited to, Americans with Disabilities Act (ADA) compliance, age, disciplinary reasons, catastrophe, health or safety considerations, renovation or closing of part or all of an IU Housing facility, consolidation of vacancies, exigent circumstances, or irresolvable incompatibility of roommates.
IU Housing reserves the right to make a temporary or permanent reassignment to another IU Housing unit or building, or other alternative housing identified by the University, if you are required to self-quarantine or self-isolate, or if the University needs to de-densify the apartment building to which you are assigned. In such a case, you agree to relocate, and agree that removal from, or alternative assignment or relocation to, such housing does not constitute a termination of your housing contract.
Where there are two or more Residents in a Unit and a Resident vacates the Unit, thereby creating a vacancy, the remaining Resident(s) agree(s) that within thirty (30) days of the vacancy, the remaining Resident(s) will:
1. identify an individual who agrees to fill the vacancy and who signs an IU Housing contract covering the vacancy within the same thirty (30) days following the vacancy, or
2. assume the full, remaining contract charges for the vacancy in the Unit, such charges being assumed equally between any remaining Residents, or
3. cancel the housing contract and incur all applicable cancellation fees.
If you request and are granted a change in unit assignment after the Start Date of your contract, you agree to pay any associated adjustment in contract rates and a $250 fee to process your request and clean the apartment you vacate.
Federal and state laws require that IU Housing notify you of the possibility that lead paint may have been used in the construction of some of our buildings. If applicable to your Unit, you will be provided a link to the Lead-Based Paint Disclosure online, and you must electronically verify that you have read it before you will allowed to occupy the Unit.

Conditions of Occupancy

Your assigned Unit may be occupied by you and other Occupants you have registered with IU Housing. The University may limit or exclude visitors, as defined by the University and/or IU Housing, from IU Housing facilities. The hosting of an unapproved Occupant, including visitors, could subject the Resident to suspension or expulsion from university housing.
You are responsible for keeping your assigned Unit and any shared spaces sanitary and safe, including following the cleaning protocols identified by IU Housing to reduce the spread of viruses and other communicable disease within the apartment building, including your Unit and shared spaces. You agree to report any deteriorated conditions of your Unit or its furnishings to your residence manager. You agree to pay for damaged or missing furnishings and damages to the Unit, whether caused by you, your guest, or your Occupant.
When you vacate your Unit, you agree to leave the Unit in a clean, orderly condition, reasonable wear and tear excepted; and complete Checkout.

Room Entry

IU reserves the right to enter your Unit according to the procedures set forth in The IU Housing Guide to Unfurnished Apartment Living for law enforcement purposes, as well as for custodial services, safety inspections, Unit repair and maintenance, pest control, and emergency situations. In general, in non-law enforcement and non-emergency situations, twenty-four (24) hour notice will be given prior to entry.

Keys/Key Cards

Depending on your particular Unit, your access may be programmed on your university ID or you may receive a Unit key. If you misplace your ID or Unit key, IU Housing staff may issue you a temporary key or card to allow access while you obtain a replacement. All unit keys and key cards, including university IDs, are the property of Indiana University and may not be loaned or duplicated. Programmed access is terminated on your university ID within twenty-four (24) hours of Checkout. Residents must return Unit keys at Checkout.

Obligation to Vacate the Unit; Abandoned Personal Property

You agree to vacate your Unit at the end of your contract, or within three (3) calendar days of losing eligibility for housing. In exigent circumstances, you may be directed to vacate immediately, and you agree to do so. You agree to pay the daily rental amount, plus a $100 per day fee for any period that you hold over.
Your Unit must pass a cleaning inspection prior to your departure or cleaning fees may be assessed.
If your contract term expires at the end of the academic year and you request and are approved for a renewal of this contract for the same Unit for the next academic year, you may sign a separate contract to retain the Unit to store your possessions during the summer between academic year contracts for a fee. Storage contracts and fee schedules are available from the Apartment Housing Assignment Office.
The University may choose not to refund any portion of the housing fees paid if the Resident is required to vacate or relocate pursuant to any emergency or exigent circumstances and the University determines that the Resident received the substantial benefit of this agreement. Exigent circumstances include, but are not limited to, University decisions related to community health and safety, including those related to COVID-19 or other public health or safety emergencies. These determinations will be made by the University in its sole discretion.
Personal property remaining in the Unit after you vacate or abandon the Unit will be disposed of by IU Housing after seven (7) days. Your bursar account will be billed the daily rental amount and any cost associated with disposal.

Fees for Cancellation

To request to cancel this contract, go to one.iu.edu and select the "Cancel Housing Contract" button and log in. Complete the form and submit. If you are unable to complete this process online, contact the Apartment Assignments Office for assistance. All requests to cancel must include your full name, and ten digit IU ID number. If you are cancelling your contract because you are withdrawing from IUB for medical reasons or are called to active military duty, you will be required to provide documentation along with your cancellation request. In the event you must medically withdraw from the University for reasons related to COVID-19 infection, IU Housing agrees to waive the breakage fee associated with terminating the housing contract early, so long as IU’s medical withdrawal process is completed and approved.
Cancellation fees are set forth below. Before you make a decision to cancel, make sure you understand the fees that will be assessed.
1. For cancellations occurring on or before July 15, 2023
  1. First Time Residents, and all others who are not Continuing Residents, can cancel their contract on or prior to July 15, 2023 without cancellation fees. If your contract is accepted after the Start Date, you will be charged a $600 cancellation fee for cancellations less than thirty (30) days before your agreed move in date.
  2. Continuing Residents will be charged a $600 cancellation fee for cancellations on or before July 15, 2023.
2. For cancellations occurring after July 15, 2023 and before the Start Date
  1. First Time Residents and all others who are not Continuing Residents will be charged a $600 cancellation fee.
  2. Continuing Residents will be charged a $1200 cancellation fee.
3. 1. First Time Residents will be charged the daily room rate through the Cancellation Date and a $600 cancellation fee if you:
    1. are a no-show, or
    2. withdraw or are academically dismissed from IUB for the remainder of the academic year, or
    3. cancel your contract for an internship for credit, student teaching, overseas study experience, or graduate.
  2. Continuing Residents will be charged the daily room rate through the Cancellation Date and a $1200 cancellation fee if you: For cancellations occurring on or after the Start Date:
    1. are a no-show, or
    2. withdraw or are academically dismissed from IUB for the remainder of the academic year.
    3. cancel your contract for an internship for credit, student teaching, overseas study experience, or graduate.
  3. You will be charged the daily room rate through the Cancellation Date and sixty (60) percent of the remaining balance of the contract if you:
    1. Move into an IU-recognized sorority/fraternity house, or other student congregate housing subject to approval by IU Housing, or
    2. move into an off-campus residence, or
    3. lose eligibility for housing, or are suspended or expelled from the university, or
    4. are suspended or expelled from university housing, but remain enrolled at IUB.
  4. You will not be charged a cancellation fee upon the approval of supporting documentation, and you:
    1. withdraw from IUB for medical reasons, or
    2. are called to active military duty.

Behavior and Conduct

You agree to familiarize yourself with and comply with all rules and expectations for conduct set forth in the Code of Student Rights, Responsibilities, and Conduct (the "Code") and the Apartment Rules and Regulations. Violations may result in assignment changes pursuant to the Assignments section of this contract, eviction proceedings, contract cancellation, and/or disciplinary action taken by the university. The Apartment Rules and Regulations may be updated to include additional or modified rules and regulations related to COVID-19, and may otherwise be updated by IU as necessary to address health or safety issues. The Apartment Rules and Regulations, including as may be updated or modified, are hereby incorporated by reference into your housing contract.
Residents are required to comply with health and safety laws, orders, ordinances, regulations, and health and safety guidance adopted by IU and IU Housing as it relates to public health or safety crises, including specifically COVID-19. This guidance may change as the public health crisis evolves and may include, but is not limited to, complying with the COVID-19 Student Commitment Form. Adherence to health and safety requirements applies to all Residents, staff, and visitors and extends to all aspects of residential life, including bedrooms, bathrooms, community kitchens, lounges, computer labs, courtyards, and other common spaces.
IU Housing reserves the right to make a temporary reassignment to another unit or building if it is believed that you pose an imminent threat of physical or emotional harm to an individual, physical harm to property, or a significant threat to the stability of the community. This reassignment will be made pending referral to the Office of Student Conduct for appropriate action, which could result in your return to your original assignment, permanent reassignment, or cancellation of your contract.
IU Housing reserves the right to cancel your housing contract and require you to leave university housing when you have exhibited behaviors that significantly disrupt the life of the residential community or pose a serious risk to any resident (including self), student, staff, faculty member, or visitor. Depending on the circumstances, the conduct underlying the university’s decision to cancel this contract may also be referred to the Office of Student Conduct for appropriate action.
Residents are required to comply with requests from IU Housing to leave their assigned Unit due to COVID-19 or other public health emergency. Failure to do so may subject a Resident to emergency removal from their assigned Unit and/or cancellation of their housing contract.
You are responsible for your own actions and the actions of your apartment Occupants and guests while on university property. This contract may be cancelled if you or your Occupants or guests violate contract provisions, state law, federal law, university policies, or IU Housing policies.

Insurance, Assumption of Risk and Hold Harmless

The university does not assume responsibility for any loss to person(s) or personal property. It is recommended that you maintain adequate public liability insurance coverage and renter's insurance coverage for your personal property. IU recommends GradGuard as the preferred vendor.
You understand that by residing in IU Housing, you are assuming the risks associated with communal living and, as in any shared living environment, those risks include potential exposure to contagious viruses, including COVID-19. You agree to release and fully discharge the Trustees of Indiana University, its agents, and employees from any and all damages, liability, claims, expenses (including attorney's fees), or losses (collectively, "Claims") related in any way to your use of space within IU Housing, including those related to the potential or actual exposure to contagious viruses like COVID-19, and to indemnify and hold harmless the University, its agents, and employees from any Claims related in any way to your breach of the terms and conditions of your housing contract, or a breach by any third party, including, but not limited, to other residents of an applicable housing contract.

Payments; Late Fees; Other Remedies

You agree to make your housing payments to the Office of the Bursar according to the bursar's posted schedule. You agree that failure to make required payments does not relieve you of the obligations and duties of the contract. Past due balances on any part of your bursar account, including charges associated with this contract, are subject to the bursar's posted late fees.
You agree to pay all reasonable costs and expenses, including attorneys' fees, court filing fees, collection agency fees, etc., incurred by the university in enforcing this contract.
The failure of the university to exercise its options under this contract does not constitute a waiver or relieve you from your remaining obligations and duties under this contract.