Student Housing License Agreement Terms and Conditions
San Diego State University
The Terms & Conditions and the Policies & Regulations described below govern all residence hall occupants. By completing and signing the Student Housing License Agreement, you agree to all of these provisions. Please read these provisions carefully before submitting a completed License Agreement.
The License Agreement is subject to and incorporates the regulations contained in Title 5 of the California Code of Regulations, Sections 42000-42103. A copy of those regulations is available at the Office of Housing Administration during normal business hours, at local libraries, or online at: http://www.calstate.edu/Title5/.
Inappropriate conduct by students is subject to discipline on the San Diego State University campus. The Center for Student Rights and Responsibilities coordinates the discipline process and establishes standards and procedures in accordance with regulations contained in Sections 41301 through 41304 of Title 5, California Code of Regulations. A copy of these regulations can be found in San Diego State University's General Catalog. All violations of the Terms & Conditions or Policies & Regulations below are subject to discipline under the Student Conduct Code, Sections 41301, et seq and may be grounds for eviction from the residence halls. Conduct that is in violation of the law may also be referred to SDSU Police Department for investigation.
A. TERMS & CONDITIONS
To qualify for a space in the residence halls, a student must be regularly enrolled in the regular academic program at San
Diego State University. Other eligibility may be considered with written approval of the University. The University may revoke the License Agreement if resident fails to meet this requirement. If the resident's provisional admission is rescinded, or the resident is disqualified between semesters, the resident is responsible for notifying SDSU's Office of Housing Administration (OHA) immediately in writing. (See Terms & Conditions, Sections 9 and 10).
2. Occupancy Period
A licensee may reserve a bedspace either for the entire Academic year or for the spring semester only.
- ACADEMIC YEAR. A license for the academic year begins on Friday, August 23, 2013, and ends at 8:00p.m. the day of the Licensee's last final examination; and in no case later than 8:00p.m. on Thursday, May 15, 2014. Note that Licensee must vacate room during the periods described in Section 4. The occupancy period may be extended only with the written approval of the University.
- Failure of Licensee to move in before 5:00 p.m. on the day before classes begin may constitute cancellation of the License Agreement under Section 9.
- SPRING SEMESTER. A license for the spring semester only begins after 2:00 p.m. on Tuesday, January 21, 2014, and ends at 8:00 p.m. the day of the Licensee's last final examination; and in no case later than 8:00 p.m. on Thursday, May 15, 2014. Note that Licensee must vacate room during the periods described in Section 4. The occupancy period may be extended only with the written approval of the University.
- A Licensee who has a University requirement or long distance travel necessitating early arrival in housing can request Early Arrival on the Office of Housing Administration website at http://newscenter.sdsu.edu/housing/earlyarrival.aspx. An Early Arrival fee of $30 per day applies.
3. Room and Hall Assignment and Changes
- The University shall assign each Licensee a bedspace in a particular room.
- Where possible, the University will accommodate the Licensee's request.
- Room and hall changes may only occur as directed by the Housing Administration or Residential Education staff, or as requested by a Licensee and approved by the Housing Administration or Residential Education staff.
- There is a $30 processing fee to move to another hall or to change rooms if such change is at the request of Licensee..
- Failure to move to a new room as directed by staff, or failure to accommodate a room for a new roommate, are violations of this Section.
- Specific assignment to a space in a residence hall shall be made by the University at the time of occupancy, and may be changed from time to time in the interest of health, discipline, vacations, recesses, management, and/or general welfare of the Licensee(s).
- Residents shall consolidate when administratively directed because half a room is vacated or Licensee may be required to pay for a single room.
- ALL RESIDENCE HALLS EXCEPT THOSE DESIGNATED AS HOUSING OVER THE BREAK (HOB): For academic year and spring semester, the License Agreement does not grant Licensee permission to occupy assigned space during the periods listed below:
• Thanksgiving Break:
Wednesday, November 27, 2013, 4:00p.m. through Sunday, December 1, 2013, 4:00p.m.
• Semester Break:
8:00p.m. the day of the Licensee's last final examination; and in no case later than 4:00p.m. on Wednesday, December 18, 2013, through Tuesday, January 21, 2014. Continuing students may return after 4:00p.m. Spring residents check in from 2:00-5:00p.m. on Tuesday, January 21, 2014.
• Spring Break:
Friday, March 28, 2014, 4:00p.m. through Sunday, April 6, 2014, 4:00p.m.
- HOUSING OVER THE BREAK (HOB) HALLS: For the academic year, the License Agreement grants Licensee permission to occupy assigned space during the break periods noted in Section 4a.
5. Community Standards And Prohibited Items
The Resident agrees to abide by all SDSU, Housing Administration, and Residential Education policies and community standards, as stated in the Guide to Community Living and Roommate Agreement (http://www.sa.sdsu.edu/housing/guide-policies.html), and in the SDSU Standards for Student Conduct (http://csrr.sdsu.edu/conduct1.html). Policies addressed include, but are not limited to: prohibited items, alcohol, drugs, smoking, and noise.
6. Additional Conditions
- This License Agreement shall not be assigned or sublet.
- It is understood and agreed by the Licensee and the University that no lease, nor any other interest in real property, is created by this Agreement.
- Proof of measles and rubella immunizations are required of Licensee. Licensee's immunization record must be on file in Student Health Services by the end of the first term of school. The Office of Housing Administration may require proof of this.
- First-time freshmen will be provided information about meningococcal disease and the availability of a vaccine. Licensee is required to complete the Information About Meningococcal Disease and Immunization online. Once completed, this data will be transmitted electronically to Student Health Services when the License Agreement is submitted online.
- Licensee stipulates that Licensee does not have a health condition that poses a risk to others in a group living environment.
7. Dining Service Conditions
The License Agreement automatically includes a meal plan for all residents except those non-first year freshmen in Villa Alvarado and Piedra Del Sol. Licensee agrees to comply with the following conditions that govern use of SDSU Dining Services:
- Licensee's RedID card, which is used to access a meal plan, must be presented to the cashier for each purchase, and on demand by a member of the Housing Administration or Residential Education staff or Dining Service staff in any campus restaurant.
- Meal plans are not transferable. If someone else uses Licensee's RediD card for meals, it will be confiscated at that time.
- Food service fees will not be reduced due to dietary or other restrictions or for missed meals.
- Licensee may change meal plans only by changing Licensee's License Agreement with the University at the SDSU Dining Services Office. There is a $5 processing fee to change meal plans. When changing from the Meals Plus Plan or the Apartment Meal Plan, any remaining balances will not carry forward to the new plan or be refunded.
- Changes to meal plans may only be made during the following periods:
• September 9-13, 2013 - Effective Monday, September 23, 2013
• November 11-15, 2013 - Effective Wednesday, January 22, 2014
• February 3-7, 2014 - Effective Monday, February 17, 2014
- In case of cancellation of the License Agreement contract, meal plan payment refunds will be prorated. The billing week is Sunday through Saturday. Refunds for dining services will not be issued within thirty (30) days prior to the end of the semester.
- The first meal for the FALL SEMESTER is on Friday, August 23, 2013. No meals are served during
- Thanksgiving break, Thursday, November 28, 2013 through Sunday, December 1, 2013; the last meal before Thanksgiving break is lunch on Wednesday, November 27, 2013. The last meal of the fall semester is lunch on Wednesday, December 18, 2013, unless previously terminated under the provisions of this License Agreement.
- The first meal for the SPRING SEMESTER is breakfast or lunch on Wednesday, January 22, 2014. No meals are served during spring break, Saturday, March 29, 2014 through Sunday, April 6, 2014; the last meal before spring break is lunch on Friday, March 28, 2014. The last meal for the spring semester is lunch on Thursday, May 15, 2014, unless previously terminated under the provisions of this License Agreement.
- The Dining Room at Cuicacalli is an all-you-care-to-eat facility. No food or beverages may be taken from the Dining Room.
8. Maintenance of Premises
- Licensee shall maintain the room and furnishings in the condition noted on the Room Condition Checklist. Licensee shall be responsible for the cost of any damages to the room or furnishings, exclusive of ordinary wear and tear.
- Licensee shall make no alteration to the housing facility without the prior written permission of University.
- Licensee agrees to be jointly responsible with other residents for the protection of the residence hall, its furnishings and equipment, through the hall councils and the Residence Hall Association.
- Licensee is required to keep the room or suite and premises in a clean and sanitary condition and report any unsatisfactory conditions i.e. mold, mildew and water damage. If room or suite is found to be a health and safety violation, the University may have the room or suite cleaned and pest control service administered. Any such expense will be borne by the Licensee where the condition is due to Licensee’s actions or failure to act as required.
- In the event of a pest infestation, the University has contracted with a private vendor to exterminate pests with minimal pesticides. To request pest control service, the Licensee must submit a request at the residence hall front desk (prior to each Monday afternoon when requests are forwarded to vendor). The residents will be given instructions of how to prepare the room or suite prior to the arrival of the vendor.
- Failure to notify or take immediate action as directed by the University regarding maintenance and pest control hazards or deficiencies on University property will result in Licensee being charged for damages, repairs, and services. Licensee agrees to follow all University directives in order to eradicate pests. This may include room preparation, clothes laundering, and leaving Licensee's bedspace for a period of time.
- To maintain the structural and visual integrity of the residence halls and to offer students a pleasant community environment, repair and/or construction projects may be pursued during the term of this agreement. Reasonable effort is made to minimize a negative impact on residents. Projects requiring entry into Licensee's room will result in the University notifying affected Licensees when time permits. Licensee will be responsible for safeguarding their belongings. Removal of the belongings may be necessary. Licensee may be required to change spaces due to construction dislocation.
9. Cancellation of License Agreement by Licensee
- Cancellation Prior to Cancellation Deadline - The occupancy period begins Friday, August 23, 2013 for the academic year, and Thursday, January 16, 2014 for new residents entering the spring semester. Licensee may cancel a reservation for a space in the facility by giving written notice to Housing at least thirty (30) days before the beginning of the occupancy period (on or before Tuesday, July 23, 2013 for the academic year, and on or before Tuesday, December 21, 2013 for new residents entering the spring semester. A $50 cancellation fee will be charged.
- Cancellation After Cancellation Deadline - A written request to cancel a reservation less than thirty (30) days before the beginning of the occupancy period shall include Licensee's statement of reasons. The University may exercise its discretion to grant or deny the request. If the University denies the request for cancellation, the Licensee shall owe the full fee period of the license (academic year), any charges for damages and cleaning, all nonrefundable fees as described in the Payment Information at: http://housing.sdsu.edu/housing/fees.aspx and a $50 cancellation fee.
- For Licensee who requests cancellation less than thirty (30) days before the beginning of the occupancy period and does not enroll at SDSU, cancellation will be granted and Licensee shall owe a thirty (30) day rent fee, any charges for damages and cleaning, all nonrefundable fees as described in the Payment Information, and a $50 cancellation fee.
- A contract release request will be considered for financial hardship or illness and must include the following documentation:
• Financial Hardship: Must include verification appropriate to the circumstance and must demonstrate a loss of income that has occurred since the cancellation deadline (on or after Tuesday, July 23, 2013 for the academic year, and on or after Tuesday, December 21, 2013 for new residents entering for the spring semester. Licensee must submit copy of current academic year financial aid award summary for evaluation.
• Medical Hardship: A release due to illness must include the appropriate medical documentation including a description of diagnosis provided by a licensed physician. The letter must be on the physician's letterhead and must include a statement of how living on campus is related to the illness and the Licensee's treatment. Petitions for release due to medical hardship will be referred to the Student Disability Services Office for evaluation and recommendation.
• For Licensee who enrolls at SDSU, whose contract release is granted under the financial hardship or medical hardship provision shall owe thirty (30) day rent fee, any charges for damages and cleaning, all nonrefundable fees as described in the Payment Information, and a $50 cancellation fee.
- If Licensee cancels a reservation for a space after the cancellation deadline listed in Section 9.a. above, and the Licensee takes a leave of absence from the University, and the Licensee will not be attending the remainder of a semester or subsequent semester, Licensee is considered as still attending SDSU unless an exemption is provided for. Therefore, the Licensee will owe the amount due under the full fee period of the license. (See Policies & Regulations, Leaves of Absences). The Licensee's attendance status with the University will be verified and if the Licensee is enrolled in classes on the last day to drop/add classes during the remainder of a semester or subsequent semester within the licensing term or on a leave of absence, the Licensee's account will be adjusted.
- Any Licensee who fails to occupy assigned space one week after the contract start date shall be considered a no-show. Licensees considered no-shows shall owe the full fee period of the license (academic year) for enrolled SDSU students or thirty (30) day rent fee (for non-enrolled SDSU students, any charges for damages and cleaning, all nonrefundable fees as described in the Payment Information at: http://housing.sdsu.edu/housing/fees.aspx, and a $50 cancellation fee.
- Housing charges will be prorated if a replacement acceptable to the University is found. All empty spaces within all facilities will be filled before any resident's license can be replaced.
- SDSU Dining Services may charge a $25 fee upon cancellation by Licensee. This fee may be deducted from any refund due Licensee.
- If the Licensee is evicted from University housing, voluntarily leaves University housing or is suspended from the University, Licensee shall owe the full fee period of the license (academic year), any charges for damages and cleaning, all nonrefundable fees as described in the Payment Information and a $50 cancellation fee. (See Terms & Conditions, Revocation of License Agreement and Policies and Procedures, Eviction and/or Suspension.)
- Failure to receive an assignment electronically or by mail is not cause to cancel the License Agreement. Licensee may contact the Office of Housing Administration at (619) 594-5742 if Licensee has not received a room assignment within the given time frame as stated in the License Agreement receipt confirmation.
10. Revocation of License Agreement
a. The University may revoke this License Agreement for any of the following reasons:
- The Licensee is convicted of any misdemeanor or felony committed on University property, or involving any member of the University community (e.g., students, staff, faculty) whether on or off University property, or that is otherwise University related.
- Breach of any term of this License Agreement, specifically including, but not limited to, breach of any of the Policies & Regulations referenced in this License Agreement and found at: http://www.sa.sdsu.edu/housing/guide-policies.html
- Nonpayment of License Fees.
- Breach of any of the provisions of Sections 42000, et seq. of Title 5, California Code of Regulations.
- Failure of Licensee to maintain status as a student at the University due to academic dismissal or all other withdrawals. Residents must be regularly enrolled in the regular academic program at San Diego State University.
- Administrative necessity of the University. Administrative necessity exists when any condition not reasonably foreseen at the time of confirming a reservation, issuing a license, or renewing a license occurs and prevents the university from making or continuing to make a housing facility available to the licensee. Such conditions shall include, but are not limited to, damage caused by floods, slides, fire, earthquake, other natural disasters and vandalism; civil disorder; compliance with state or federal law; or interruption of basic services because of labor strife. Such conditions shall also include a dramatic increase in demand for housing over supply not reasonably foreseen by the campus, if such demand results in an overbooking of available housing facilities.
- If the continued presence of the Licensee poses a danger to themselves or other residents, staff, faculty, or other members of the University community.
- Licensee must be a regularly enrolled student who remains regularly enrolled throughout the license period. If the Licensee's provisional admission is rescinded, or Licensee is academically disqualified, the Licensee may not occupy a bed space within the Housing facilities and must cancel the housing contract in writing. Once the cancellation letter is received the License Agreement will be revoked and Licensee will be released from the License Agreement with no additional charges.
b. University shall provide Licensee not less than three (3) days notice in the event of an occurrence described in Section 1, except in cases of emergency.
c. Licensee will be assessed charges as noted in Section 9.
11. Abandonment or Termination by Licensee
Except as permitted in Section 9, termination of this License Agreement or abandonment of the premises by Licensee shall not release Licensee from paying any obligation due the University for so long as the University does not terminate Licensee's right to possession.
12. Disposition of Property
Any property of Licensee remaining in the student housing facility after abandonment, termination, eviction or revocation of this license may be removed and stored by the University at the expense and risk of the Licensee and will be disposed of pursuant to the laws of the State of California as outlined in Title 5, Section 42375, entitled Care, Restitution, Sale or Destruction of Lost Property, and Section 42376, entitled Proceeds of Sale. Property may be claimed by Licensee or authorized agent upon payment of storage charge in full.
13. Destruction or Unavailability
In the event that a bedspace is destroyed or becomes unavailable as the result of conditions not reasonably foreseen at the time this License Agreement is made, Licensee shall be entitled to a pro rata refund of any fees applicable to periods after Licensee was required to vacate. Such conditions include, but are not limited to, damage caused by floods, slides, fire, earthquake, other natural disasters and vandalism; civil disorder, compliance with state or federal law or interruption of basic services because of labor strife.
14. Vacating the Housing Facility
Any Licensee who requests to vacate a housing facility shall give at least thirty (30) days written notice of intention to vacate and the reasons therefore. The University, using the standards established pursuant to Section 42017, may grant or deny the request to vacate. Licensee shall vacate the student housing facility to which the Licensee is assigned on the expiration of the license period, or upon termination of the license to use the facilities, or revocation of this License Agreement, whichever occurs first. Any Licensee who does not vacate the student housing facility as required by this Section shall be evicted in the manner provided by the laws of the State of California and charged a daily rate through the length of stay. The University may charge any other applicable fees or charges. Any property of the Licensee remaining in the student housing facility may be removed and stored by the University.
15. Nonpayment of License Fees
Nonpayment of License Fees may, at the discretion of the University, result in the following actions:
- Assessment of a late fee as stated in the fee schedule. In addition to the late fee, failure to pay, as agreed, may result in interest at 10% per annum on any delinquent amounts during the period of the delinquency.
- Suspension of meal service without compensation for missed meals.
- Revocation of the License Agreement with financial penalties, as noted in Section 9.
- Withholding of University services pursuant to Section 42380, et. seq., Title 5, California Code of Regulations. This includes: withholding official transcripts and denial of registration.
- Offset of loans, grants or scholarships payable through the University, or tax refunds through the Franchise Tax Board.
- Notification of default to credit bureau organizations.
- Employment of a collection agency to collect all delinquent amounts. Any attorney fees and other reasonable collection costs and charges accrued during the collection of said amounts are the responsibility of the Licensee.
- Legal action to collect unpaid obligations.
- By signing the License Agreement, Licensee consents to the release of information from student records to non-University third parties such as credit bureaus, credit gathering organizations, skip tracers, billing agencies, collection agencies, legal counsel, parents, guardians, and employees which may, in the judgment of University, be necessary or helpful in the collection of delinquent obligation arising out of the License Agreement.
- By signing the License Agreement, Licensee agrees that housing fees are an extension of credit for living expenses and are considered an educational debt.
- Licensee waives the benefit of any limitations affecting liability or the enforcement thereof to the extent permitted by law. (California Code of Civil Procedures 360.5)
The University shall authorize refunds only as provided herein or in Title 5 of the California Code of Regulations or other applicable law.
17. Right of Entry
The University shall have the right to enter the premises occupied by Licensee for the purposes of emergency, health, safety, maintenance, management of applicable rules and regulations, or for any other lawful purpose. University shall exercise these rights reasonably and with respect for Licensee's right to be free from unreasonable searches and intrusions into study or privacy. Except in case of emergency, the University shall provide reasonable notice before entering premises.
18. Visitors and Guests
Visitors or guests are not permitted to enter University housing facilities except as permitted in Policies & Regulations referenced in this License Agreement and found at: http://www.sa.sdsu.edu/housing/guide-policies.html.
The waiver of any breach of a term or condition of this License Agreement shall not constitute a waiver of any subsequent breach nor shall the acceptance of rent hereunder by the University be deemed to be waiver of any preceding breach by Licensee of any term, covenant, or condition of this License Agreement.
20. Hold Harmless
Licensee agrees to indemnify and hold the University harmless from any and all claims arising from Licensee's use or occupancy that is improper, illegal or a violation of the License Agreement.
21. Taxable Possessory Interest
It is the position of the University that this License Agreement does not create a taxable possessory interest in real property. However, pursuant to Revenue and Taxation Code Section 107.6, Licensee is hereby notified that a taxing authority may take a contrary view and may assess License Agreement.
22. Megan's Law
Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an internet web site maintained by the Department of Justice at: http://www.meganslaw.ca.gov. Depending on an offences residence and zip code in which the offender resides. Questions in this regard must be directed to SDSU Police Department at (619) 594-1991 or via the website at: http://www.dps.sdsu.edu/crimeprev.htm.
University assumes no responsibility for any property of Licensee, which is stolen, damaged, vandalized or destroyed in the housing facility at any time, including periods when Licensee is not in occupancy or after the term of the occupancy has expired. The University has no insurance to cover the personal or property damage of Licensee, so during the period covered by this License Agreement; University highly recommends that Licensee, at their expense, obtain insurance such as a renter's policy.
24. Campus Safety Act
SDSU is in full compliance with the Campus Safety Act, also known as the Jeanne Clery Act, and the Safety and Security
Reports are available to the entire campus community. For more on the Campus Safety Act, see the SDSU Police Department's website at: http://www.dps.sdsu.edu/crimeprev.htm.
25. Annual Fire Safety Report
The Office of Housing Administration and the Residential Education Office publish the annual Fire Safety Report for the SDSU residential community. The report includes: A description of each on-campus student housing facility; The number of fire drills c conducted during the reporting year; Campus policies or rules on portable electronic appliances, smoking, and open flames in a student housing facility; Campus procedures for evacuating student housing in the event of a fire; The policies regarding fire safety education and training programs provided to the students and employees (including the procedures that students and employees should follow in the case of a fire: The titles of each person or organization to which students and employees should report that a fire occurred; and plans for future improvements in fire safety, if any. For more information on the Annual Fire Safety Report see the SDSU Police Department's website at: http://www.dps.sdsu.edu/pubs.htm.
26. Air Conditioning
Air conditioning is not guaranteed. When the air conditioning is operating in a building, all windows must be closed.
27. Checking In
When checking into the residence hall, Licensee must fill out and sign a Room Condition Checklist upon inspection of the room. This must be turned in within 24 hours of occupancy.
28. Checking Out
When checking out of the housing facility, Licensee must return the room to the original configuration and condition; turn in all keys, blankets, and pillows; and remove all personal property. It is the Licensee's responsibility to follow proper University check-out procedures (Licensee should check with their residence hall front desk for proper check-out procedures); failure to do so may result in improper check-out charges. Licensee's meal plan will become invalid upon termination of License Agreement.
29. Emergency Preparedness
All residents are advised to have an emergency plan. Each resident should maintain an emergency supply kit consisting of a first aid kit, three-day supply of water, non-perishable food, battery operated radio and flashlight, extra batteries, gloves, and medications.
30. Energy Conservation
Licensee agrees not to waste utilities of the housing facility. In the event that there is a significant increase in utility charges to the University during the term of the License Agreement, the University reserves the right to impose a utility energy surcharge of no more than five (5) percent of the cost of Licensee's rent.
Waterbeds of any type and lofted beds are not allowed. University room furniture cannot be stored to accommodate Licensee's own furniture. Licensee may submit a service request at the front desk of their residence hall to have beds bunked. Licensee must also submit a service request to have the beds un-bunked when they are changing rooms (either by their own request or being administratively moved) or during the check-out process when requesting contract cancellation. Licensee will return all room furniture to the original positions before moving out. Failure of Licensee to return furniture to the original positions in the room or movement of common area furniture by Licensee will result in a minimum charge of $5 per piece plus the hourly rate. Removal of furniture from public areas is considered theft.
32. Payment Information
Please see the Office of Housing Administration website at http://housing.sdsu.edu/housing/fees.aspx for payment information.
B. EXCEPTIONS TO CONTRACT TERMS AND CONDITIONS:
Only the Director of Housing Administration or his/her designee can make exceptions to the TERMS AND CONDITIONS of this Contract. Resident Assistants (RAs), Residence Hall Coordinators (RHCs), and Office Staff are not authorized to modify these TERMS AND CONDITIONS.
C. EFFECT OF SIGNATURE:
By entering this License Agreement, you certify that you have read all the terms and conditions of the San Diego State University 2013-14 Student Housing License Agreement Terms & Conditions and agree to the terms stated therein.