TERMS UNDER WHICH DUKE UNIVERSITY LICENSES OCCUPANCY OF THE CENTRAL CAMPUS AND SWIFT TOWN HOUSE APARTMENTS TO GRADUATE AND PROFESSIONAL STUDENTS

The purpose of these Terms is to establish understanding among students who reside in Duke University's Central Campus Apartments, including Swift Town House Apartments, (CCA) and between these students and the University with regard to use of residential facilities. These Terms are an integral part of the Housing License (License) and are enforceable as covenants and conditions of the License. Any violation of the terms could lead to revocation of this License and/or disciplinary action. Occupants are responsible for the actions of their guests.

These Terms apply only during periods when the CCA are officially open for occupancy by licensed students and during periods of exception as granted by Residence Life and Housing Services (RLHS). A student in the CCA at any other time may be trespassed from the premises and subject to disciplinary action.

I. ELIGIBILITY

Spaces in CCA are available for assignment to full-time Duke University graduate and professional students who are working towards a degree. Students who withdraw from school, graduate, take a leave of absence, or move off campus must vacate the room within forty-eight (48) hours from the date of such withdrawal, leave, or move or the official move-out date at the end of the semester, whichever comes first.

II. PAYMENTS, RETENTION OF PAYMENTS AND TERMINATION OF LICENSE

1. Payments for housing are to be made to the Office of the Bursar before occupancy, in accordance with established terms of that Office. Payments are to be made on a semester basis.
2. Each resident is required to obtain a DukeCard, an apartment key, and a mailbox key at the time of his/her occupancy. The apartment and mailbox keys must be returned to the Central Campus Service Office immediately upon vacating the assigned space. Failure to return the keys will result in a lock change charge to the student's Bursar's account.
3. Students will be released from the License without penalty for the purposes of taking a leave of absence, withdrawing from the university, study/research away from the university or completion of degree. All students seeking release from the License must file a Cancellation Request form in the Housing Assignments Office and be approved for release from the License.
4. Students released from the License after the period of occupancy has begun for reasons noted in paragraph above, will be entitled to a refund of the unused rent. The amount of the unused rent is determined by the date of written notification to RLHS or the date of vacating the space whichever is later.
5. Students who have the License revoked for reasons of their conduct will be financially responsible for all rent and other charges for the full term of the License.

III. RESERVATION, ASSIGNMENT AND APARTMENT CHANGE PROCEDURES

1. Apartment selections will be made in accordance with procedures announced by Residence Life and Housing Services. Every effort will be made to assign students in accordance with their preferences. The Director or designee reserves the right to make or change room assignments if in his/her judgment such re-assignments are necessary.
2. Exchange or transfer of apartments by students may be made only by the following procedure: (1) approval of apartment change by RLHS, (2) official inspection of vacated apartment by RLHS, and (3) change of keys in the Central Campus Service Office. In all of the above, the student(s) seeking the change is (are) responsible for making appointments and arrangements. Any unofficial apartment change may lead to the revocation of this License and will not relieve the student(s) involved of the obligation to pay for occupancy, damages and other costs for the officially assigned apartment.
3. The number of students to be assigned to each apartment is established by RLHS. Every effort will be made to assign students in accordance with their preferences. RLHS retains the authority to make final space assignments. Vacancies existing in apartments may be filled by RLHS.
4. For family housing, the number of children and adults that can live in each apartment is established by RLHS. The enrolled student is the license holder and responsible party for the apartment. The spouse or partner and any children are also bound under the same terms as the student license holder. The student license holder is responsible for all members of that family unit following the terms set forth in this license.
5. While the majority of problems incurred between or among roommates can be resolved by the students, with or without assistance, there are cases in which a stalemate occurs. RLHS will, in those cases, reserve the right to refer parties for mediation or convene an arbitration board to resolve the problem. The decision of the board is final.
6. RLHS does not assign individual bedroom space within each unit. This responsibility is left to the assigned occupants.
7. Apartments shall not be occupied in whole or in part by any person other than those regularly assigned by RLHS. Occupants may not sublet assigned space. Guests are permitted for short periods not to exceed 72 hours, provided all residents of that unit consent.
8. RLHS reserves the right to change space assignments if such change(s) is (are) necessary. This includes relocating a resident from his or her apartment, where there is a vacancy, to another apartment where there is a vacancy in order to free a whole apartment for other assignment.

IV. PROCEDURES, MAINTENANCE, STORAGE, AND DAMAGE

1. Maintenance to buildings, fixtures, utilities, equipment, furniture and furnishings will be performed on a routine basis; however, corrective emergency and preventive work will be performed as necessary.
2. The University reserves the right to enter the premises without the resident being present to carry out maintenance tasks, to conduct health and safety checks, to conduct inspections regarding availability of space, and to take care of an emergency or any equipment failure which is causing damage or hazard to property or persons. Entry into the room for other reasons will be made during reasonable hours with notice to the assigned occupants when possible.
3. Prior to occupancy, RLHS will clean each empty apartment and will correct deficiencies. Thereafter, it is the responsibility of the resident(s) to clean the apartment. The apartment is expected to be left in a clean condition by the vacating resident(s). An inspection form will be made available for each resident at check-in. Each assigned student should note on the form the condition of the apartment and furnishings at the time of occupancy. Instructions on the form must be followed.
4. The University is not liable for damage or loss of personal property, to include property kept in public areas. Because the University does not provide insurance, occupants are encouraged to provide their own personal property insurance.
5. The University is not liable for damage, failure, or interruption of utilities. Interruption or curtailment of such services will not entitle the resident to any compensation or abatement of rent.
6. Use of nails, screws, tacks, hooks, decals or adhesives that damage walls, furniture or fixtures is prohibited. Advice on non-damaging ways of hanging artwork and other items is available from RLHS.
7. Occupants shall maintain the demised premises, the furnishings and equipment therein in good condition and shall be responsible for all broken windows and door glass, the failure of plumbing or equipment caused by misuse and other damage beyond normal wear and tear. In such cases, occupants shall be assessed the cost of materials and labor as invoiced by RLHS for repairs, replacements or re-assembly. RLHS shall have routine maintenance performed and agrees to make such repairs as may be rendered necessary, insofar as the cause thereof does not arise from the willful acts or negligence of the occupants(s). No alteration, addition or painting may be conducted within the premises by the occupant(s).
8. Students are prohibited from tampering with mechanical systems within the apartment.
9. Non-RLHS property left in apartments after the license period terminates will be disposed of at the discretion of RLHS.
10. Furniture or equipment owned by RLHS placed in the apartment may not be removed.

V. TERMS AFFECTING RIGHTS, ORDER, HEALTH AND SAFETY

The following terms are designed to protect the health and safety and to provide for the comfort and privacy of all students who are Licensed to occupy apartment space. In addition to the following specific Terms, any conduct which reflects a serious disregard for the rights, health, security, and safety of other occupants of the Central Campus Apartments will be regarded as a violation of the License.

1. Students are entitled to privacy in their apartments as set forth in RLHS publications. Sanitary or safety inspections may be conducted by government officials and RLHS staff without notice in accordance with the General Statutes of North Carolina and city and county ordinances. The inspection of apartments will be made by University officials to ensure that no fire/safety/security hazards exist. Hazardous items will be removed and/or the student(s) affected will be notified to remove the items.
2. The unofficial use or possession of apartment or residence hall keys, including possession of master keys or keys other than those assigned to the student, is prohibited. Keys are not transferable; switching keys with other students is prohibited.
3. Lost/stolen DukeCards must be reported immediately to the DukeCard Office and a replacement can be obtained. Lost/stolen keys must be reported immediately to the Central Campus Service Office and a replacement key obtained. A lost/stolen key will result in a lock change charge to the student's Bursar's account. The apartment door lock will be changed if the resident is unable to present the lost/stolen key to the Service Office.
4. Combustible materials shall not be stored on premises. Empty boxes, trash, and other combustibles are prohibited from storage outside of CCA. Placement of combustibles, including but not limited to wooden, overstuffed or upholstered furniture on balconies that serve as egress is strictly prohibited. RLHS may remove these items without notice at the occupants’ expense.
5. Fire extinguishers and smoke alarms/detectors are placed in each apartment for the safety of occupants and property. Tampering with or disabling this equipment, or use for any purpose other than extinguishing fires, is prohibited. Fires must be reported to Duke Police and Residence Life and Housing Services.
6. Sidewalks, stairways, and entryways must not be used for purposes other than ingress or egress. Bicycles must not be left in these areas or other locations where they may cause harm to persons or grounds keeping equipment. Motorcycles must be parked in parking lots.
7. Nothing shall be hung from balconies, porches, gutters or stairwells or privacy fences.
8. In accordance with North Carolina General Statute 14-269.2, no firearms, incendiary devices, explosives, fireworks, highly flammable materials or substances, or any articles that may be used as offensive weapons may be in the CCA or on the campus. This includes knives, slingshots, clubs, pellet guns, rifles, BB guns, mace, and all firearms and items of like kind.
9. Tampering with electrical wiring, including, but not limited to, the installation of direct-wired ceiling fans, dimmer switches, and window air-conditioning units is prohibited.
10. Delivery trucks, automobiles, motorcycles, scooters and minibikes will not be permitted on lawns and walkways, patios, or stairwells. These vehicles must be parked in legal parking spaces. Motorcycles, scooters and minibikes may not be stored in the apartment.
11. Locks are not to be tampered with or changed by residents. Additional locks may not be installed. Duplication of Duke University keys is prohibited.
12. Animals, including, but not limited to dogs, cats, birds and reptiles, are not allowed in or around the CCA even for short periods. Extermination, at the expense of the resident(s), will be done if an animal enters the apartments. Fish are allowed provided they are kept in an aquarium no larger than 25 gallons, the container is cleaned regularly, and no illegal species are kept.
13. Residents shall maintain the areas adjacent to their apartments in a neat and orderly condition. No refuse, loose paper, cans, bottles, etc. shall be permitted to accumulate around the dwelling units. Any packing cases, barrels, or boxes used in moving must be removed by the occupants who are moving. Bulk refuse containers and recycling bins are located throughout the complex.
14. Campers, trailers, boats, or similar units may not be parked in the parking lots or other areas at the CCA.
15. Candles, incense or other open flames are strictly forbidden for use inside University facilities except during religious ceremonies such as the observance of the Holiday of Chanukah. Those individuals wishing to utilize candles in observance of a religious holiday should contact OESO-Campus Fire Safety Division in advance to obtain information concerning fire prevention.
16. Selling or soliciting, to include the operation of a private enterprise, on the premises of University housing by residents or outsiders, that is either commercial or unrelated to University objectives or activities, is prohibited.
17. Any student residing in the apartments who contracts an infectious or contagious disease should immediately report this to Residence Life and Housing Services.
18. The apartment must be kept in good order and in a sanitary condition.
19. Laundry rooms will not be used for storage of personal effects, bicycles, or the like. The University is not responsible for clothing lost or stolen from Central Campus laundries.
20. All users of the Central Campus pool must observe swimming pool regulations published by Residence Life and Housing Services. All persons use the pool at their own risk.
21. Conduct in violation of the University noise policy is prohibited.
22. Occupants are responsible for the conduct of their guests, and any violation of University rules and regulations by a guest shall constitute a violation of same by occupants. Occupants not present during violations will still be held accountable.
23. In accordance with the North Carolina State Fire Prevention Code, use or storage of portable charcoal, gas, and electric grills within 15 feet of CCA is prohibited.
24. Use of HVAC (heating and air-conditioning) closets as storage space is prohibited.
25. Pianos, washing machines, dryers, dishwashers, radio transmitters, external radio or television antennas/satellite dishes, and waterbeds are not authorized in these units.
26. Washing cars in the CCA is prohibited.
27. The dusting or shaking of mops, brooms or other cleaning material from the windows, doors and balconies is prohibited.
28. Fences installed around the apartments are prohibited.
29. Outside clotheslines are prohibited.
30. Access to roofs and attic spaces is prohibited.

RLHS, Revised 2/2005