This document was last modified on March 23, 2007

Lessee

The term “Lessee” is applied to the occupants of the premises and to Lessee’s guest and invitees, except where the context of a part of this lease clearly requires a contrary meaning and except for the payment of rent.

Eligibility for Student Family Housing Lease

Only the following students are eligible for leasing an apartment at Student Family Housing:

• A student enrolled or in the process of enrolling as a UNM student for a minimum of six (6) credit hours during the ensuing Fall and Spring Semesters, in pursuit of a DEGREE; a person not meeting the minimum enrollment criteria but who never-the-less is considered by UNM to be a UNM student and is actively pursuing an educational program equivalent to and maintains at least six credit hours also is eligible; and
• Who is lawfully married and living with his or her spouse, or living with his or her domestic partner certified by UNM Dean of Students Office, or
• Who is a parent with at least one of his/her financially dependent children living with said parent while a tenant, or has custody of dependent children at least fifty percent of the time or
• Who is obliged by other compelling circumstances to care for another person who lives with the Lessee during the tenancy, with UNM being the sole judge of compelling circumstances, or
• A single student enrolled in a UNM post-baccalaureate program for 6 credit hours or more, in pursuit of a degree. Single graduate students will be assigned to one bedroom units. (Exceptions to this rule will be considered on a case-by-case basis by the Director of Housing.) In the assignment process, applicants with families will take priority over single students.

Lessee agrees to notify UNM in writing of any change in eligibility criteria within fourteen (14) days of the occurrence of any such change. From time-to-time and upon demand therefore, Lessee agrees to submit to UNM evidence of eligibility for Student Family Housing.

Eligibility is not lost due to breaks in enrollment between Spring and Fall Semesters or between Fall and Spring Semesters. UNM may, but is not required, to waive the ineligibility of a Lessee on a month-by-month basis if it appears that the Lessee will again become eligible for Student Family Housing within a reasonably short time.

Lease Term

The maximum term of any lease agreement for an eligible student and/or their spouse or domestic partner is six (6) years unless extraordinary circumstances exist. Residents and/or their spouse/domestic partner desiring to live in Student Family Housing beyond this six (6) year term must present evidence including scholastic and financial records which establish extraordinary circumstances. The decision as to whether extraordinary circumstances exist is solely that of UNM and is final and binding on the resident and/or their spouse/domestic partner.

The lease term begins on the commencement date agreed to in the signed Lease. Charges begin to accrue on the lease commencement date and are prorated based on a 30-day month.

Occupants

Only the Lessee, the Lessee’s spouse/domestic partner and their children may occupy the premises without the express written consent of UNM. Written consent is not required for guests who stay short periods of time. UNM reserves the right to terminate this lease if the premises become unreasonably crowded.

Lessee shall have no right to sublease or assign the premises or any part thereof, and shall not give accommodation to boarders or lodgers.

Use of Premises

The premises shall be used for student residential purposes and for no other purposes whatsoever.

Performance Deposit

The performance deposit may be applied by UNM against any of the following:

• Damage to the premises by Lessee or Lessee’s guest or invitees.
• Any unpaid balance owed to UNM, including unpaid rent and student related expenses such as tuition, fees and fines.
• Losses incurred by UNM due to Lessee’s failure to comply with the Terms and Conditions of the Lease. At the expiration or termination of the lease, any portion of the balance not so applied will be returned to Lessee.

This paragraph shall not be a limitation of remedies available to UNM.

Maintenance by Lessee

Except for maintenance to be performed by UNM as stated in this lease, Lessee agrees to maintain on a day-to-day basis the premises, furnishings and fixtures located therein in a good, safe, clean, sanitary and workable condition; and upon termination of this lease, Lessee will deliver the premises and any of UNM’s furnishings and fixtures to UNM in a condition equal to that at the inception of this lease except for ordinary wear and tear or acts of nature. Furnishings and fixtures belonging to UNM shall not be removed from the premises unless Lessee obtains written permission therefore. Lessee will replace missing and/or burned out light bulbs (incandescent and florescent) at Lessee’s expense.

Maintenance and Repair by UNM

UNM will maintain and repair the floor and exterior of all buildings including repair or replacement of doors and windows. UNM will perform reasonably required repairs to UNM appliances, fixtures, furnishings and the interior of the premises upon notice by Lessee or after inspection. The cost of all repairs caused by the neglect or willful act of Lessee or those permitted on the premises by Lessee will be charged to Lessee and Lessee agrees to pay such costs promptly.

Inspection, Right to Enter

Authorized UNM personnel shall have the right to enter the premises without written notification at reasonable hours and in a reasonable manner, for the purpose of inspection, maintenance and/or repair work. Lessee will consent to such entry and refusal is grounds for termination of a lease and/or UNM may obtain injunctive relief against lessee. Authorized UNM personnel have the right to enter the premises without written notification and without lessee’s consent in case of an emergency.

Waterbeds-Pianos

Waterbeds and pianos are not permitted on the second and third floors; however, UNM may grant permission for them on the ground floor.

Keys

Lessee agrees to obtain any and all keys to the premises or their allied facilities from UNM. All such keys are the property of UNM, and Lessee agrees to return them promptly and without notice or demand therefore at the end of tenancy. If keys delivered to Lessee are lost or not returned and UNM deems it necessary to change locks, Lessee agrees to pay UNM a reasonable fee representing the cost of changing such locks. Warning: Under New Mexico law, IT IS A CRIME TO MAKE OR DUPLICATE A KEY TO UNM BUILDINGS OR FACILITIES, INCLUDING THE PREMISES IN QUESTION.

Appliances

Lessee shall not install or use washing machines, dishwashers, clothes dryers, freezers, air conditioners or other like appliances. Lessee agrees to properly use and care for all UNM fixtures and appliances.

Utilities

UNM will provide all utilities except telephone, internet access, and cable TV. Lessee agrees not to waste or permit waste of water, gas or electricity. Lessee shall not add any electrical circuits or gas outlets.

Telephone

Lessee may arrange with the Telephone Company for equipment, service and/or repair at Lessee’s expense. Only desk type telephones are permitted.

Storage Sheds

Lessee agrees not to place or erect storage sheds on UNM property.

Disturbances

Lessee agrees to use and occupy the premises and common areas in a manner consistent with the peaceful enjoyment and rights of other Lessees and UNM. Lessee agrees not to cause any prolonged or excessive noise or disturbances which would interfere with either the peaceful enjoyment or rights of other Lessees and UNM.

Alterations, Remodeling, Painting

Lessee shall not improve, alter or remodel the premises and any UNM furnishings or fixtures. Unauthorized painting and hanging of wallpaper is not permitted.

Residents Handbook

General information, rules and policies concerning Student Family Housing are contained in the residents’ handbook, Good Neighbor Policy, and by it’s reference here is made part of the Lease Terms and Conditions.

Public or Common Areas

Lessee may have reasonable use of public or common areas in common with all other Lessees or users. Use of such areas is subject to regulations by UNM. All public or common areas, including but not limited to, entries, halls, landings, stairways, balconies, yards, driveways and parking areas, shall not be obstructed or littered by Lessee nor used for any purpose for which they are not intended. No furniture or property of any description shall be stored in such areas.

UNM Liability

Lessee is advised that UNM has limited liability under the law of New Mexico and accordingly, Lessee should procure insurance to cover loss of property or other loss or damages.

Compliance with the Law

In the use and occupation of the premises, Lessee and UNM agree to comply with all applicable State, Federal, Municipal and UNM laws, ordinances, rules and regulations. Lessee agrees not to use or occupy the premises or common areas in any manner which creates a nuisance or increases existing rates for fire insurance.

Motor Vehicles

Lessee agrees to park or operate motor vehicles only in areas where such vehicles are permitted. Motor vehicles shall not be driven faster than ten (10) miles per hour. UNM reserves the right to limit the number of motor vehicles Lessee may park on Student Family Housing premises. All vehicles must be in operating condition, or inoperable for no more than 15 days. If a vehicle is inoperable or abandoned for more than 15 days, the vehicle may be towed and stored at the vehicle owner’s expense.

Boats, Campers, Trailers

Boats, campers (unless it is the only family vehicle), trailers and similar types of wheeled and stationary devices are not to be set, stored or parked in the parking lots. No UNM property is available for such purpose and Lessee is advised to seek other accommodations for them.

Control of Space

In order to properly and efficiently manage and control Student Family Housing, UNM reserves the right to close all or part of the Student Family properties, or to require Lessees to vacate buildings or vacate any apartment designated as handicapped accessible and move to other accommodations. UNM agrees to give Lessees no less than thirty (30) days written notice thereof.

Administration

The lease will be administered for UNM by the University’s Housing Services’ Director, his designated representative or successor. Notices to UNM must be given in writing and delivered to the Student Family Housing Office or the UNM Housing Reservations Office, MSC 02-1530, 1 The University of New Mexico, Albuquerque, New Mexico 87131-0001, located on the 2nd floor of La Posada Hall, or other established sub-office.

Notices to Lessee must be given in writing and delivered to Lessee’s unit or apartment or to Lessee’s last known address.

Modification of Lease

No modification of this lease shall be effective or bind either party unless reduced to writing and signed by Lessee and an authorized representative of UNM.

Damage or Destruction of Premises

If the premises are damaged by fire or other casualty, but continued occupancy is lawful, Lessee may vacate the premises and notify UNM in writing within seven (7) days thereafter of Lessee’s intention to terminate the Lease; or, Lessee may vacate any part of the premises rendered unusable by the fire or casualty, in which case the rent will be reduced in proportion to the diminution in values of the premises.

Other Damages

In the event the premises is substantially damaged, but not rendered un-tenantable by fire or any cause not attributable to the fault or negligence of Lessee, UNM shall have the option to terminate the lease by giving thirty (30) days written notice thereof, or UNM and Lessee may agree upon another course of action which shall be effective only if reduced to writing and signed by Lessee and an authorized representative of UNM.

Termination

UNM or Lessee may terminate this lease by a written notice given to the other at lease thirty (30) days prior to the termination date specified in the notice. (See paragraph of Administration). A sample “Notice of Intent to Vacate” is given in the Good Neighbor Policy.

Breach by UNM

• Except as provided in the Uniform Owner-Resident Relations Act, if there is a material non-compliance by UNM with the lease or a non-compliance with Section 20 of the Uniform Owner-Resident Relations Act materially affecting health and safety, the Lessee may deliver a written notice to UNM specifying the acts and omissions constituting the breach and that the lease will terminate upon a date not less than seven (7) days after the receipt of the notice if a reasonable attempt to remedy the breach is not made in seven (7) days and the lease shall terminate as provided in the notice subject to the following. If a reasonable attempt is made to remedy the breach by repairs or otherwise, and if UNM adequately attempts to remedy the breach prior to the date specified in the notice, the lease will not terminate. The Lessee may not terminate for a condition caused by the deliberate or negligent act or omission of the Lessee.
• If the lease is terminated by the Lessee and possession delivered to UNM, UNM shall return the balance, if any, of prepaid rent and deposit to which Lessee is entitled under the lease or Section 18 of the Uniform Owner-Resident Relations Act.

Lessee Rights in Event of Breach

• Upon failure of UNM to perform its obligations as required by Section 20 of the Uniform Owner-Resident Relations Act, Lessee may give written notice to UNM specifying the breach and may: (A) terminate the lease, upon written notice, as provided in paragraph Breach by UNM above; or (B) be entitled to a reasonable abatement of the rent.
• The rights under this paragraph do not arise (A) until the Lessee has given written notice to UNM, or (B) if the condition was caused by the deliberate or negligent act or omission of Lessee.

Breach by Lessee

• Except as provided in the Uniform Owner-Resident Act, if there is a non-compliance with Section 22 of Uniform Owner-Resident Relations Act materially affecting health and safety, or a material non-compliance by Lessee with the lease or any separate agreement, UNM may deliver a written notice to Lessee specifying the act and omissions constituting the breach, and that the lease will terminate upon a date not less than seven (7) days after receipt of the notice if the breach is not remedied in seven (7) days, and the lease shall terminate as provided in the notice subject to the following: If the breach is remedied by repairs, payment of damages or otherwise to the satisfaction of UNM, the lease will not terminate.
• If rent is unpaid when due and Lessee fails to pay rent within three (3) days after written notice from UNM of nonpayment and intention to terminate the lease, UNM may terminate the lease and Lessee shall immediately deliver possession of the premises.
• Failure, neglect or omission of UNM to terminate this lease for any breach thereof, shall not be deemed a consent by UNM of such breach and shall not stop, bar or prevent UNM from terminating the lease for a breach thereof.

Notice of Extended Absence

• Lessee is required to give UNM notice of any anticipated extended absence in excess of seven (7) days.
• During any absence of Lessee in excess of seven (7) days, UNM may enter the apartment at times reasonably necessary.
• If Lessee abandons the premise, UNM shall be entitled to take immediate possession. UNM shall, in such cases, be responsible for the removing and storing of the personal property for such periods as are provided by law. Upon abandonment, UNM may make reasonable efforts to rent the premises at a fair rental. If UNM rents the premises for a term beginning prior to the expiration of the lease, it is deemed to be terminated as of the date the new tenancy begins.