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

These Terms seek to establish understanding between graduate students residing on campus (residents) and Duke University (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.  Residents are reminded of their obligations under the Duke Community Standard and the policies that flow from it. Violation of these terms or policies could lead to revocation of the License and/or disciplinary action. In addition, conduct reflecting a serious disregard for the rights, health, security, and safety of other residents of University housing will be regarded as a violation of the License. 

These Terms apply whenever University housing is officially open for occupancy by licensed residents and during periods of exception as granted by Residence Life and Housing Services (RLHS).  A person entering or occupying University housing at any other time may be trespassed from the premises and subject to disciplinary action.

I. Eligibility
Spaces in University housing are available for assignment to eligible, full-time Duke University graduate students who are working towards a degree.  Residents who withdraw from school, graduate, take a leave of absence, have the License revoked for reasons of conduct, or move off campus must vacate the apartment within forty-eight (48) hours from the date of such withdrawal, leave, removal for disciplinary reason, move, or the official move-out date at the end of the semester, whichever comes first.  Undergraduate students are eligible to reside in University housing for a maximum of eight (8) fall and spring semesters.

II. Payments
Payments for housing are made to the Office of the Bursar, in accordance with terms established by that office.  Payments are made on a semester basis.

III. Termination of License
a.    Residents will be released from the License without penalty when participating in a study/research away from the university, taking a leave of absence, or withdrawing from the university. Residents may not cancel the License in order to move off campus. All residents requesting release from the License must notify RLHS in writing.
b.    Residents released from the License after the period of occupancy has begun for reasons noted above, are entitled to a prorated refund of their housing charges.  The amount of refund is determined by the date of written notification to RLHS or the date of vacating the residence hall or apartment, whichever is later. 
c.    Residents, who choose to move off campus without being released from the License, remain financially responsible for an assignment in University housing.
d.    Residents who have their License revoked for reasons of their conduct and remain enrolled at the University will be financially responsible for all housing charges and other charges for the full term of the License.

IV. Assignment Change Procedures
a.    Resident assignments are made according to procedures published by RLHS.  While every effort is made to assign residents in accordance with their preferences, an assignment based on preferences is not guaranteed.
b.    Residents may exchange or transfer apartments using the following procedure:  (1) advance approval of the change by RLHS, (2) inspection of vacated apartment and newly assigned apartment by RLHS, and (3) return of old keys and signing for new keys in the RLHS Central Campus Office. The residents seeking the assignment change are responsible for making required appointments and moving arrangements.  An unofficial apartment change may lead to the revocation of this License and will not relieve the residents involved of the obligation to pay housing charges, damages, and other costs for the officially assigned apartment.
c.    The number of residents to be assigned to each apartment is established by RLHS.
d.    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.
e.    RLHS retains the authority to make all space assignments.  Vacancies existing apartments may be filled by RLHS without notice.
f.    RLHS does not assign specific beds or bedrooms within each apartment. This responsibility is left to the residents assigned to the apartment.
g.    RLHS reserves the right to change a resident’s assignment if such a change is determined to be necessary.  Such changes include relocating a resident from his or her apartment where there is a vacancy, to another apartment where there is a vacancy, in order to make an entire apartment available for a pair of roommates.

V. Insurance
The University is not liable for damage or loss of personal property kept in the resident’s assigned space or in other areas of University housing.  Because the University does not provide property insurance, residents are encouraged to secure their own personal property insurance.

VI. Bicycles and Motor Vehicles
a.    Bicycles may be stored in the owner’s apartment, but may not be stored in entrances, stairways, or on sidewalks. Bicycles must not be left in locations where they may pose a tripping hazard or cause harm to persons or grounds keeping equipment.
b.    Motor vehicles must be in compliance with the University’s Parking Policies and parked in legal parking spaces.
c.    Motor vehicles may not be stored or maintained at any time in any apartment, porch, or balcony.
d.    Motor vehicles and bicycles in unauthorized areas will be removed.  Residents will be required to pay removal fees in order to recover such vehicles.  The University assumes no responsibility for damage to such vehicles or devices used to secure them.
e.    Motorcycles must be parked in parking lots. Delivery trucks, automobiles, motorcycles, scooters, and mini-bikes are not permitted on lawns, walkways, patios, or in stairwells. 
f.    Using University water to wash cars is prohibited.

VII. Central Campus Pools
a.    The pools are available to use only during posted hours of operation. All persons use the pools at their own risk.
b.    All users of the Central Campus pools must observe swimming pool regulations posted by RLHS.

VIII. Cleaning
a.    Prior to occupancy, RLHS cleans each empty apartment and corrects any known deficiencies.  After moving in, residents are responsible for cleaning the apartment including bathroom, as applicable.  Residents are also responsible for leaving the apartment in a clean condition upon vacating. If an apartment requires extraordinary cleaning after it has been vacated, the cost will be passed along to the residents. 
b.    Dusting or shaking of mops, brooms, or other cleaning material from windows, doors, and balconies is prohibited.
c.    Residents of Central Campus Apartments (CCA) are responsible for maintaining the areas adjacent to their apartments in a neat and orderly condition.  No refuse, loose paper, cans, bottles, etc. are permitted to accumulate around the dwelling units.  Residents who are moving must remove any packing cases, barrels, or boxes used.  Bulk refuse containers and recycling bins are located throughout the complex.

IX. Damages
a.    RLHS inspects each empty apartment prior to occupancy. Residents will be charged for any damages or modifications found in the apartment after occupancy unless previously noted on a Room Condition Report (RCR). The assigned residents are responsible for reporting to RLHS defects or damages found in an apartment within two working days after occupancy.
b.    Advice on non-damaging ways of hanging artwork and other items is available from RLHS Campus Offices.  Residents may not use nails, screws, tacks, hooks, decals, or adhesives that damage walls, furniture, or fixtures.
c.    Residents are financially responsible for all broken windows and door glass, the failure of plumbing or equipment caused by misuse and other damage to buildings, building equipment, and furniture beyond normal wear and tear.  In such cases, residents will be billed the cost of repairs, replacements, or re-assembly in accordance with RLHS procedures.
d.    Each apartment is furnished by RLHS. Residents will be charged for any furniture missing from their assigned apartment.  Personal furniture may be added provided all residents of the apartment agree and residents remove the furniture at the end of occupancy. 
e.    Non-RLHS furniture and property left in apartments after the License period ends will be disposed of at the expense of the residents and at the discretion of RLHS.

X. Guests
a.    Occupancy of space in University housing is limited to the assigned residents only. Residents may not sublet or share their assigned space.  Guests are permitted for short periods not to exceed 72 hours, provided all residents of that apartment agree in advance.
b.    Assigned residents are responsible for the conduct of their guests. Violation of University rules and regulations by a guest constitutes a violation of same by residents.  Residents not present during violations by their guests will be held accountable for the violation.

XI. Health
a.    Any resident of University housing who contracts an infectious or contagious disease is expected to immediately report her or his condition to RLHS.
b.    Apartments must be kept in good order and in a sanitary condition.

XII. Keys and DukeCard
a.    Each resident is required to obtain a DukeCard and appropriate keys (an apartment key and mailbox key) when moving in.  All keys must be returned to the RLHS Central Campus Office immediately upon vacating the assigned space.  Failure to promptly return keys will result in a lock change charge to the resident's Bursar account.
b.    Lost/stolen DukeCards must be reported immediately to the DukeCard Office and a replacement obtained.  Lost/stolen/broken keys must be reported immediately to the RLHS Central Campus Office and replacement keys obtained.  A lost/stolen key will result in a lock change charge to the resident's Bursar account. If keys that were reported as lost or stolen are found before lock changes are initiated, residents must present the found keys to their RLHS Central Campus Office to avoid locks being changed and associated charges being posted to the resident’s Bursar account.
c.    Unauthorized use of or possession of residence hall or apartment keys, including possession of master keys or keys other than those assigned to the resident, is prohibited. 
d.    Keys are not transferable; switching keys with other residents is not permitted.
e.    Locks may not be tampered with or changed by residents. Additional locks may not be installed. 
f.    Duplication of Duke University keys is prohibited.

XIII. Maintenance and Repairs
a.    Maintenance to buildings, fixtures, utilities, equipment, furniture, and furnishings is performed on a routine basis. Corrective emergency, preventive repairs and maintenance will be performed as necessary.
b.    University personnel may enter a resident’s apartment without the resident being present to complete 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 poses a hazard to persons or property.  Entry into an apartment for non-emergency reasons will be made during reasonable hours with notice to the assigned residents when possible.

XIV. Utilities and Related Services
a.    The University is not liable for the failure or interruption of utilities (including air conditioning) or for damages resulting from failure or interruption of utilities or equipment.  Residents are not entitled to any compensation or abatement of their housing charges in the event of a system failure or service interruption.
b.    Tampering with electrical, heating/air-conditioning, and plumbing systems is prohibited. This includes but is not limited to the installation of direct-wired ceiling fans and dimmer switches.
c.    Tampering with cable television services, including but not limited to sharing cable between apartments, is prohibited.

XV. Noise Policy
Residents are responsible for complying with the University noise policy.

XVI. Personal Property
a.    Residents are responsible for damage caused by electrical appliances that are not owned by Duke University.
b.    Residents may not leave personal property on sidewalks, lawns, or in residence hall hallways, stairwells, or common areas. Any personal property found in these locations will be disposed of at the discretion of RLHS.
c.    Platforms, partitions, or similar structures may not be constructed or placed in public areas without the advance written approval by RLHS. 
d.    Pianos, washing machines, dryers, dishwashers, radio transmitters, ceiling fans, external radio or television antennas, satellite dishes, or waterbeds are not permitted in apartments.
e.    Affixing items, including but not limited to satellite dishes and antennae, to a building exterior, balcony, porch, stairwell, or privacy fence is prohibited.
f.    Personally owned air-conditioning and heating equipment is not permitted in the residence halls or apartments.
g.    Residents may not erect fences.
h.    Outside clotheslines are prohibited.
i.    Use of laundry rooms for storage of personal property, bicycles, or the like is prohibited.  The University is not responsible for clothing lost or stolen from laundry rooms.
j.    Residents may not use HVAC (heating and air-conditioning) closets in apartments as storage space.

XVII. Pets and Animals
a.    Residents may not have animals, including, but not limited to dogs, cats, birds, and reptiles, in or around apartments, even for short periods.  If an animal enters an apartment, the area will be exterminated at the expense of the resident
b.    Legal species of fish are allowed, provided they are kept in a single aquarium no larger than 25 gallons and the container is cleaned regularly.
c.    Service animals performing their duties, such as a guide dog, are permitted.  Residents requiring a reasonable accommodation allowing the use of a service animal in University housing must have the accommodation registered with and approved by Disability Management System—Student Disability Access Office prior to moving in.

XVIII. Privacy
Residents are entitled to privacy in their assigned apartments within parameters established by RLHS and the University. Government officials and/or RLHS staff may conduct sanitary or safety inspections without notice in accordance with the General Statutes of North Carolina and city and county of Durham ordinances.  Inspections will be made by University officials to ensure that no fire, safety, or security hazards exist.  Hazardous items will either be removed or the residents will be required to remove the items.

XIX. Restricted Areas
Access to roofs, ledges, attics, mechanical/electrical rooms, and similar areas is prohibited.

XX. Roommate Conflict
In situations where roommates are unable to resolve a conflict, RLHS reserves the right to refer parties for mediation, convene an arbitration board, or make reassignments as necessary to resolve the problem.  The decision of the mediator, board, or RLHS is final.

XXI. Safety
a.    Tampering with, disabling, or removing fire fighting equipment, alarms, and smoke detectors is prohibited. Use of this equipment for any other purpose than fighting fires is prohibited. Residents must comply with all fire drills, fire alarms, and fire safety regulations.  Fires must be reported to Duke Police and RLHS staff immediately.
b.    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 weapons may be on the campus.  This includes knives, slingshots, clubs, pellet guns, rifles, BB guns, paintball guns, projectile weapons, mace, all firearms, and items of like kind.
c.    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 are requested to contact OESO-Campus Fire Safety Division in advance to obtain information concerning fire prevention.
d.    Use of halogen lamps is prohibited.
e.    In accordance with the North Carolina State Fire Prevention Code, use or storage of portable charcoal, gas, and electric grills within 15 feet of an apartment is prohibited.
f.    Storing combustible materials in residential areas is prohibited. 
g.    Empty boxes, trash, and other combustibles are prohibited from accumulating or being stored around apartments.  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 residents’ expense.

XXII. Selling and Soliciting
Selling products or services and other forms of solicitation is prohibited in and around University housing. This prohibition applies equally to residents, students, guests, visitors, and others, whether or not they are affiliated with the University.





RLHS, revised 2/25/2008