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Handbooks and Policies

Standard Terms and Rules
Standard Terms
Rules

Attachment A

Standard Terms

Inventory and Conditions

A. Prior to the commencement of occupancy, Tenant shall inspect the Dwelling Unit and complete the checklist (“Checklist”) provided by Landlord. The purpose of the Checklist is to identify any defects with Tenant’s unit, inventory items included in the Dwelling Unit (including fixtures, furnishings, appliances, and other personal property), and permit Landlord to remedy any such problems immediately and to establish the condition of the unit and inventory of items to avoid disputes about its condition upon surrender of possession thereof. Landlord requests that Tenant sign and return the completed Checklist within the first seventy-two (72) hours of occupancy. Failure to return a completed Checklist within seventy-two (72) hours of occupancy is implicit acceptance that the unit (including fixtures, furnishings, appliances, and other personal property) does not have any damages, defects, or in need of repair. A copy of the signed Checklist will be provided to Tenant.

B. Upon termination of occupancy, Tenant agrees to leave the Dwelling Unit and all items inventoried in the Checklist in the same condition as when Tenant moved in, normal wear and tear expected. Normal wear includes tiny scratches from frequent usage, fading from sunshine, and minor fractures in the original paint. Landlord will charge for repainting if the damage is not the product of regular use. This includes stains, holes bigger than that of nails/thumbtacks used for hanging photos, LED strip lights, huge or deep scratches, and water damage (not caused by environmental factors).

C. At any time, Brigham Young University–Hawaii Housing Operations reserves the right to deny University Housing occupancy to faculty and staff, including their dependents, if, in the reasonable discretion of the department: The applicant's or dependents' behavior (including but not limited to a person(s) conduct record) has a detrimental effect on the University Housing community environment, or the applicant(s) or dependents' prior University Housing occupancy has had a detrimental effect on the University Housing community, or the applicant(s) or dependents’, or otherwise jeopardizes the safety, security and privacy of other University Housing Residents.

General Tenant Responsibility

A. Comply with provisions of building and housing codes materially affecting health and safety.
B. Keep the Dwelling Unit in a clean and safe condition.
C. Dispose from the Dwelling Unit all rubbish, garbage and other waste in a clean, safe and timely manner.
D. Keep all plumbing fixtures in the Dwelling Unit or used by Tenant, in a clean and serviceable condition.
E. Maintain the property. Use and operate within reasonable manner all electrical, gas, sanitary, plumbing and other fixtures and appliances supplied.
F. Perform general maintenance including replacing light bulbs, air conditioning filters, and if applicable, lawn care, stoppage in plumbing fixtures or lines, and any damage caused by Tenant, members of Tenant’s family, guests, or others.
G. Pay for any costs associated with any destruction, defacement, damage, impairment, alteration or removal of a part of the Dwelling Unit (including immediately reimbursing for any damage discovered during Landlord’s inspection of the Dwelling Unit during the Rental Agreement).
H. Notify the Landlord immediately of any leakage in any of the water or gas pipes or known defects in the Dwelling Unit not identified in the Checklist and that are not Tenant’s responsibility to fix. Any additional damage caused by Tenant’s failure to report, or delay in reporting, any known defects will result in the Tenant being responsible the additional damage.
I. Conduct oneself in a manner that will not disturb a neighbor’s peaceful enjoyment of their respective premises.
J. Maintain all yards on the premises of the Dwelling Unit in an orderly manner. If Tenant fails to maintain the yard after receiving written notice from Landlord, Landlord may complete such maintenance and assess Tenant for the actual costs Landlord incurs, which amount shall be deducted from Tenant’s next paycheck after thirty (30) days written notice

Fixtures and Improvements

Unless Landlord consents to their removal, Tenant shall leave within the Dwelling Unit all locks, brackets for curtains and other fixtures attached to doors, windows or woodwork, and all alterations, additions or improvements made by Tenant, at the termination of the tenancy, without any payment by Landlord. Installation of a satellite dish (less than forty (40) inches in diameter only) or antennae to receive video programming is permitted provided that: (1) installation (by a professional installer preferred) is performed under the supervision of Landlord; and (2) the dish or antennae is not installed in common areas or mounted to the roof or exterior walls of the Dwelling Unit. Portable air conditioners are permitted. Window AC units are strictly prohibited. Moreover, Tenant will not, without Landlord’s prior written consent: (a) change, add to, or paint the inside or outside of the Dwelling Unit; (b) bore or make holes to the outside of the unit; (c) make any structural alteration to the Dwelling Unit; (d) add any outlet strips to any part of the unit, except in connection with video or computer equipment; or (e) install surf racks or permanent shelving. (f) Tenant is permitted to add bathroom appliances in addition to current structural dwellings such as, bidets, sink shower hoses, light fixture additions, shower non-slip adhesives, etc., provided, the tenant is responsible to maintain and repair added appliances. Should repair be required for original house appliances due to use of additional appliances, tenant is responsible to cover repair costs. Tenant is permitted to use nails, screws, adhesives, LED strip lights, or like items to hang pictures, etc. to the inside of the Dwelling Unit walls, provided the Tenant is responsible to repair any alterations that are made. Failure to comply with this section will result in damage fees for Tenant.

Firearms, Weapons,Fireworks,Explosives

Lawful firearms are permitted in the Dwelling Unit provided they are locked and secured in a safe location. Tenant shall not store, keep, or maintain in the Dwelling Unit other weapons, fireworks, or explosives, or other items which, in their intended use, are capable of inflicting serious personal injury.

Animals

Tenant is permitted to keep service animals, approved assistance animals, and up to two (2) of the following domesticated pets in the Dwelling Unit: small dogs (excluding pit bulls and Rottweilers), cats, caged birds, aquarium animals, and other animals as agreed in writing with Landlord prior to occupancy. Tenant shall not keep any other animals in the Dwelling Unit, including any livestock. Tenant is liable for any damage to persons or property caused by Tenant’s (or Tenant’s guest’s) animals, including being financially responsible for professional fumigation and carpet cleaning upon leaving (if needed), and shall indemnify and hold harmless Landlord from such damages, including reasonable attorney’s fees. Using pets within the Dwelling Unit for commercial purposes, such as breeding pets, is prohibited.

Smoking and/or Alcohol

Alcohol use, and smoking, including without limitation, smoking of medical marijuana, or vaping in the Dwelling Unit or on the Dwelling Unit property is strictly prohibited.

Refund of Security Deposit

Landlord will return Tenant’s deposit, minus deductions, no later than thirty (30) days after the termination of the Rental Agreement. Deductions, which will be explained to Tenant in writing, to the security deposit may be made for the following reasons: (1) to remedy Tenant defaults for damages to the Dwelling Unit, for failure to pay rent, or for failure to return keys, key fobs, parking cards, garage door openers or mail box keys at the termination of the Rental Agreement; (2) to put the Dwelling Unit in as clean a condition at the end of the tenancy as it was at the start, except for normal wear and tear; (3) to compensate for damages by a Tenant who wrongfully quits the dwelling unit; (4) to compensate for damages caused by any pet residing in the Dwelling Unit; or (5) to compensate the Landlord for utility charges relating to electricity, water, sewer or natural gas for which Tenant is obligated to cover under the Rental Agreement. If Tenant’s deposit is not enough to cover all the damages and costs, Tenant will be required to pay for the extra amount.

Maintenance by Landlord

Landlord will use best efforts to:
A. Comply with the requirements of all applicable building and housing codes affecting health and safety.
B. Make necessary repairs to put and keep the Dwelling Unit in a fit and habitable condition.
C. Provide and maintain in good, safe, working order, and condition, electrical, plumbing, water heating, and appliances supplied or required to be supplied by Landlord.
D. Provide and maintain appropriate receptacles to Tenant for the collections and removal of garbage/ rubbish and arrange removal. Any additional removal charges will be billed to the Tenant.
E. Provide periodic pest and insect control measures.

Return of Landlord Property upon Vacating the Dwelling Unit

Failure of Tenant to personally return the garage door transmitters, keys or keypad codes to Landlord at the end of occupancy will subject Tenant to liability to Landlord for actual damages related thereto (which may be deducted from Tenant’s security deposit).

Garage Door Transmitters: $50
Dwelling Unit Key: $50
Mailbox Key (if applicable): $50

Attachment B

Rules

Residential Living Standards

The Dwelling Unit is located in a community of families, and it is the intent of Landlord to provide a safe and clean-living environment for all tenants and community members. Tenant agrees to ensure that all occupants of the Dwelling Unit contribute positively to the quality of that environment. Anti-social, hostile, or threatening behaviors that interfere with the safety and well-being of other community members therefore will not be tolerated. Landlord reserves the right to take corrective action in response to complaints or observed failures to comply with these standards ranging from notice and warnings to eviction of Tenant depending on the severity.

Storage

Tenant agrees to ensure that any outside storage on the property of the Dwelling Unit (including on the balcony, railings, stairs, landscaped areas, driveways, and/or walkways) is neat and organized and in compliance with applicable laws and rules. This includes, but is not limited to, storage of clothing, chairs, and towels, cooking equipment, vehicle parts, water devices, suitcases, boxes, equipment, tents, tarps, and hazardous or combustible materials.

Fire Safety

Do not store flammable materials or cleaning materials in heater closet or near hot water heaters. Do not have or use any open flame or burning items in or near the house at any time. Report all fires, regardless of size to the Fire department (call 911) and BYU–Hawaii Campus Security (808) 675-3911.

Cooking and Kitchen Rules

Cooking inside the Dwelling Unit must only be done on the stove or in the microwave oven. Cooking outside the Dwelling Unit must be done at least six feet away from the exterior perimeter of the unit for safety reasons. All dishes must be washed after use, and all food must be put away to reduce pest infestation. Any spills in the oven or on the stovetop must be cleaned up immediately. Do not pour cooking grease down the sink or other wastewater drains. Do not put plastic, cloth or metal items, bones, skins or peelings from fruits and vegetables in the garbage disposal. Place cooking grease into a suitable container and dispose of it in the trash bag.

Trash, Recycling and Green Waste

Trash must be taken directly to the trash enclosure or trash bins in secured plastic bags. No trash should be left outside the unit or in the trash enclosure outside of the trash cans. If Tenant is on the City trash, recycling and/or green waste route(s), Tenant is responsible to take the trash, recycling, and green waste bin(s), as applicable, to the street and bring it back to the home from the street. Trash day is Thursday.

Plants

If plants are used in the unit, they must be placed in waterproof containers.

Roof, Counters, Walls, Chairs, Toilets, Cabinets

No standing is allowed on these items without permission from the Landlord.

Window Treatments (Curtains/Blinds)

The curtains and/or blinds in the unit are susceptible to moisture and salt. Therefore, Tenant is strongly encouraged to wash curtains every six months in cold water on gentle cycle.

Additional Terms or Rules

Landlord may, from time to time, adopt further or amended written rules concerning Tenant’s use and occupancy of the Dwelling Unit, including changes to the Standard Terms and Rules, which shall become binding upon Tenant within thirty (30) days of delivery to Tenant.

Responsibility and Notification

Tenant is responsible for the actions of guests of the Dwelling Unit and will be responsible for informing guests about the Rules.