This Residency Agreement (“Residency Agreement”) is entered into effective as of ______________, by
Westminster House, ("Landlord"), and the Resident (identified below), each of which hereby agrees upon the
following terms and conditions, including the following defined terms:
“Resident’s Permanent Address”:
“Premises”: An undivided interest in Bed No. ___“Bed”) that is part of Unit No. ____"Unit") at Westminster House,
located at 2315 College Avenue, Berkeley, California 94704 (“Facility”), which Unit or such other Unit as Landlord
determines prior to the beginning of the Term, together with the right to use, in common with others, the furniture,
appliances and personal property provided by Landlord in such Bed and Unit (collectively, “Personal Property”),
and the right to use, in common with others, any common kitchen, bathrooms, personal property, and other
common areas, to the extent currently in place at the Unit or the Facility (collectively, “Common Areas”).
“Resident’s Assigned Property Address”: 2315 COLLEGE AVE
BERKELEY, CA 94704
“University”: University of California, Berkeley
“Term”: The Saturday prior to the first day of instruction as published in the UC Berkeley Academic Calendar
(“Commencement Date”) and the Saturday following the last day of final examinations as published in the UC
Berkeley Academic Calendar (“Expiration Date”). The Term of this Residency Agreement automatically expires at
6:00pm on the Expiration Date, unless, prior to that time, Landlord and Resident have entered into a written renewal
“Fixed Program Fees”: A total of $ ____________ is for the Term. For the convenience of both the Landlord and the
Resident the total due may be paid either in advance or in 10 installments of $___________ each, on the first day of
each month commencing __________________, except that Fixed Program Fees for the first installment of the
Term shall be payable on the date of the signing of the Residency Agreement.
All Program Fees are payable by Resident at Landlord's office located at, 2315 College Avenue, Berkeley,
California 94704, or to such other person or at such other address as Landlord may notify Resident. Checks and
money orders for the payment of Program Fees should be made payable to Westminster House. Landlord may
provide direct electronic withdrawals or credit card payment options at its discretion. If such payment options are
made available, Resident or Payer must give written authorization prior to Landlord making electronic withdrawals
or accepting credit card payments. Any accord, satisfaction, conditions or limitations noted by Resident in any
Program Fees payment shall be null and void.
Revised 11/09 Resident Initials
1. PREMISES USE:
(A) Subject to the terms and conditions herein stated, Landlord hereby provides to Resident the Premises.
(B) During the Term, Resident shall use the Premises for residential purposes only, and shall use the
Common Areas only for the purposes for which Landlord makes them available for Residents of the Facility, all
subject to the Rules and Regulations, which are attached hereto and are a part of this Residency Agreement.
Landlord may, from time to time, amend and supplement the Rules and Regulations, effective upon posting a notice
at the Facility or, at Landlord’s election, upon notice to Resident.
(C) If Resident is a student at a University identified above, then Resident shall abide by all such University’s
rules and regulations and student codes of conduct.
(D) If, at the beginning of the Term, Landlord is unable to deliver possession of the Premises for any reason,
Landlord shall not be responsible to Resident in any manner, and this Residency Agreement shall not be affected,
except that: (i) Landlord, at its option, may relocate Resident to another Bed and/or Unit in the Facility or another
facility, and (ii) if possession is not delivered, or Resident is not relocated, within thirty (30) days of the
commencement date of the Term, as specified above, then Resident shall have the right to terminate this Residency
Agreement by giving Landlord written notice before Landlord’s delivery of possession, whereupon Landlord shall
refund any Program Fees previously paid by Resident.
(E) The parties to this Residency Agreement expressly acknowledge and agree that Landlord may, at its
discretion, not assign a Bed in a particular Unit at the time of the execution of this Residency Agreement due to the
exigencies of roommate matching. Resident expressly understands and agrees that the failure on the part of the
Landlord to assign space at the time of the Residency Agreement execution shall not relieve Resident of his/her
responsibilities hereunder. The parties agree that this Residency Agreement shall remain effective so long as the
Landlord is able, on or before the commencement date hereof, to assign to any other bed within the facility for the
one otherwise specified herein to Resident. Landlord has the right to assign a roommate to any vacant
bedroom/space in the Unit before or during the term of this Residency Agreement without notice.
2. PROGRAM FEES:
(A) The Fixed Program Fees, the Fees and all other sums payable by Resident hereunder (collectively,
“Program Fees”) shall be payable by Resident when due, without demand, offset or deduction. If Resident fails to
pay any Program Fees within four (4) days of its due date, then Resident shall pay Landlord an administrative
charge of $75.00 to cover the processing of the late payment. Additionally, if any Program Fees check is returned
unpaid, then Resident shall pay Landlord a bad check fee of $35.00 for an NSF check and, if Landlord so elects, all
further Program Fees payments shall be made by Resident by money order, cashier’s check, approved credit card or
check. By providing a check for payment, Resident is hereby given notice that Resident’s signed and completed
check may be converted to an electronic fund withdrawal upon receipt by Landlord via U.S. Mail or in designated
drop box locations. Landlord’s receipt of your check shall constitute your authorization of such electronic fund
withdrawal. Program Fees are payable for the entire Term, regardless of whether Resident vacates the Premises
before the Expiration Date for any reason. Landlord may apply any payment received from Resident or Guarantor
to then outstanding unpaid Program Fees in whatever order and priority Landlord may elect.
(B) Resident acknowledges that any Program Fees received by Landlord will first be applied to any
outstanding charges (including but not limited to late Program Fees, damage repair charges, returned check fees,
fines, utility overages, etc.) incurred by or on behalf of Resident prior to applying same to the current installment
payment of the fixed Program Fees. If the payment tendered by Resident fails to cover the total charges outstanding,
then Resident shall immediately pay the difference, plus any administrative charges incurred by virtue of Resident’s
failure to timely pay all sums due from Resident to Landlord.
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3. UTILITIES & SERVICES:
(A) Utilities and services supplied to the Facility shall be paid as follows:
Water & Sewer Landlord
Internet/Ethernet Services Landlord
(review section 10 of Residency Agreement)
Package Service Landlord
Telephone, Local Service Resident
Telephone, Long Distance Service Resident
(review section 11 of Residency Agreement)
Mail Delivery and Mail Forwarding Resident
(review section 16 of Residency Agreement)
Basic Cable Television Resident
Cable Television in lounges and MPR Landlord
Pest Control Landlord
(excluding flea/other treatments that are not considered normal pest control services)
Lawn Maintenance Landlord
(B) Landlord shall have the right to temporarily suspend any utility or other service to the Premises and/or
Unit in order to do maintenance and/or repair and/or protect the Facility, Premises, Unit or Resident from risk of
harm or loss.
(C) Landlord (regardless of the negligence of Landlord) shall not be liable for loss or damages resulting from
the interruption of heat, electrical, water, sewer, telephone, cable TV, Internet, or any other utility services, or for the
malfunction of machinery or appliances serving the Premises or any part of the Facility in which the Premises are
located. Landlord (regardless of the negligence of Landlord) shall not be liable for injury or damage to persons or
property caused by any defect in the heating, gas, electrical, water, or sewer systems serving the Premises or
Facility. In no event shall Landlord (regardless of the negligence of Landlord) be liable for damages or injury to
persons or property caused by wind, rain, fire or other acts of God, and Resident hereby expressly waives all claims
for such injury, loss, or damage.
4. SECURITY DEPOSIT:
Landlord does not require or collect a Security Deposit from Resident. If Resident fails to perform any such
agreement under this Residency Agreement then Landlord has the right to apply first to Program Fees Resident’s
unperformed agreement and Resident is responsible for the balance. In the event that damages are identified after the
Expiration Date, both Resident and Guarantor are responsible for the damages.
Students may arrange for a meal plan at the UC Berkeley Dining Commons. Click
http://caldining.berkeley.edu/ for more information. Landlord is not responsible for this service and accepts no
liability whatsoever for meal service provided by others.
6. CONDITION OF PREMISES:
(A) At the time Resident moves into the Premises, Resident shall complete and deliver to Landlord a Move-
In/Move-Out Condition Report (“Report”), which shall specify any existing damage to, or need for repair of, the
Premises and the Unit. At the end of the Term, Resident shall schedule an inspection of the Premises and Unit with
Landlord, whereupon Landlord and Resident shall note any damage to the Premises and Unit not specified on the
original Report. If Resident fails to conduct either such inspection, then Landlord’s inspection and determination of
any damage to the Premises or Unit shall be final and binding on Resident.
(B) Unless and to the extent of conditions existing at the beginning of the Term, as specified in the Report
signed by Resident and Landlord: (i) Resident shall be deemed to have accepted the Premises and Unit in their “as-
is” condition at the time of move in, without any obligation of Landlord to make any repairs or alterations, and (ii)
Resident shall pay Landlord on demand Landlord’s cost to repair any loss of or damage to the Premises during the
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Term or existing at the end of the Term and caused by Resident or any guest of Resident. Resident shall also pay
Landlord on demand Landlord’s cost to repair any damage to the Common Areas or Facility caused by Resident or
any guest of Resident. Resident will occupy Unit jointly with other Residents, and, if the Unit is damaged and
Landlord is not reasonably able to ascertain which Resident caused the damage, then Resident shall pay to Landlord
on demand a pro rata share (determined by the total number of Residents in the Unit) Landlord’s cost to repair any
loss or damage to the Unit during the Term or existing on the Term Expiration Date.
(C) Resident shall keep and maintain its Unit in good, clean and sanitary condition throughout the Term,
reasonable wear and tear excepted. Resident shall make no alterations or additions to the Premises. Resident shall
keep open the sinks, lavatories and commodes at the Unit. Resident will immediately report to Landlord the need
for repair of the Premises or the Unit, including plumbing, heating, air conditioning and other systems. Landlord
will provide normal maintenance and repair of the Unit without additional charge to Resident, except for repairs
made necessary by the misuse of the Unit by Resident or Resident's guests.
(D) Resident shall not allow trash or garbage to accumulate in Resident’s Unit. Resident shall not place in
any trash receptacle, and shall not otherwise dispose of or deposit on the Premises or at the Facility, any hazardous
or dangerous substance, and if Resident encounters any such substance at the Premises, Resident shall promptly
(E) Whether Resident experiences mold growth in the Unit depends largely on how Resident manages and
maintains his or her Unit, and on Resident’s prompt notice to Landlord of mold conditions. Resident’s cleaning and
maintenance obligations regarding the Unit, and Landlord’s maintenance obligations, are specified in this Residency
Agreement. Landlord shall not be responsible for any injuries or damages to Resident or any other person relating
to mold caused, in whole or in part, by Resident’s failure to clean and maintain its Unit as herein required, or to
promptly notify Landlord of conditions in need of repair or maintenance.
(F) Any personal property remaining in the Unit at the end of the Term shall be deemed abandoned by
Resident and may be disposed of by Landlord as Landlord sees fit.
(G) At the end of the Term, Resident shall pay all Program Fees due in full, pay Landlord for any damages to
the Premises (including the Personal Property) caused by Resident or any guest of Resident, clean the Premises,
remove all trash and other debris there from, lock and fasten all doors and windows, remove all Resident's property
from the Premises, surrender the Premises to Landlord in good and clean condition, and shall return all keys to the
Premises to Landlord. Resident shall remain responsible for the Premises until all keys for the Premises are so
Resident shall not sublet or assign this Residency Agreement without Landlord’s prior written consent.
Resident shall pay Landlord a non-refundable processing fee of $350.00 for each application to Landlord for
Landlord's consent to a sublet or assignment.
It is understood that in the event Resident wants to be released from the obligation of this Residency
Agreement, he/she must find someone to take over the full obligation of his/her Residency Agreement. If Resident
does not find a replacement resident, he/she may sign a Residency Agreement Cancellation Request, which will be
kept on file in Landlord’s office in the event of an inquiry from a prospective resident. It is understood by Resident
that completion of the Residency Agreement Cancellation Request does not release Resident from his/her obligation
under the Residency Agreement until a replacement resident is found. A replacement resident is a student who has
completed and signed all necessary Agreements and have secured Landlord’s signature. Additionally, all fees, as set
forth in paragraph 7, “ASSIGMENT”, supra, have been paid . Resident understands that in the event someone is not
found by either Resident or Landlord, Resident will be responsible for payment for the entire Term of this Residency
(A) Resident shall immediately report to Landlord all fires, accidents, injuries and property damage occurring
in the Unit and, if involving Resident, elsewhere at the Facility. Notwithstanding any contrary provision of this
Residency Agreement or of non-waivable law, neither Landlord nor any of their respective affiliates, partners,
members, shareholders, officers, directors, agents, representatives or attorneys (collectively, “Landlord Parties”)
shall be responsible to Resident, Guarantor or any other person, and Resident, for itself, any Guarantor and their
respective heirs, administrators, successors and assigns (collectively, “Resident Parties”) hereby releases Landlord
Parties from, and covenants not to sue any Landlord Party with respect to, all claims, suits, actions, causes of action,
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losses, damages, suits, actions, costs and expenses (including without limitation legal fees and expenses) relating to:
(i) any fire, accident, injury, death or property damage or theft occurring in or with respect to the Unit or the
Facility, (ii) any loss or damage to Resident’s mail, (iii) any crime or tortuous act occurring or committed in the Unit
or the Facility, (iv) any personal conflict between Resident and any other person occurring at the Facility, (v) any
failure of performance or service to be provided to Resident hereunder, (vi) the interruption or failure of mail
delivery, mail forwarding, heat, electrical, water, sewer, telephone, cable TV, telephone service, internet service,
E911 service, or any other utility service, or the malfunction of machinery or appliances serving the Premises, and
(vii) any defect in the heating, gas, electrical, water, sewer or other systems serving the Premises, except and solely
to the extent that any of the foregoing directly results from the gross negligence or willful misconduct of Landlord.
(B) All Resident’s personal property kept in the Premises, or in any storage room, or anywhere else at the
Facility, shall be at Resident’s sole risk, and Landlord shall not be liable for any damage to, or loss or theft of, any
such property. Resident is encouraged to secure apartment dwellers or similar insurance to cover any loss or damage
to personal property.
(C) Landlord shall not be obligated to provide any health or medical care to Resident or take any action with
respect to any medical condition, allergy or dietary preferences of Resident.
10. LANDLORD’S ENTRY:
Landlord shall have the right to enter the Unit at all reasonable hours, for any reason, with 24 hours notice
except for emergencies, when no notice is necessary.
11. TELEPHONE/INTERNET SERVICE: (If applicable, as outlined in Section 3 herein:)
(A) Landlord may furnish to Resident’s Bedroom a telephone terminal with either (at Landlord's discretion):
(i) a dial tone, a telephone number for incoming calls, in-house dialing, and, where available, E911 Service, or (ii)
access to a local carrier with whom Resident may arrange telephone service. Landlord will advise Resident, on the
Facility website or otherwise, as to which option Landlord has selected prior to Resident's occupancy of the Unit.
Landlord may also furnish additional features, at Landlord’s sole discretion and, if Resident elects to purchase such
features, Resident shall pay additional charge(s) for such service(s). Resident shall not access, utilize or order any
service that may result in charges assessed to or costs incurred by Landlord, including, but not limited to, acceptance
of collect calls, third party billing, or any service (including calling cards) which may be billed to the telephone
number furnished to Resident. In the event Resident defaults under the foregoing terms of this Residency
Agreement, or under the applicable provisions of the Rules and Regulations, or under any supplementary terms and
conditions of any provider of any such service, then Landlord shall have the right, in addition to all other rights and
remedies, to discontinue telephone service to the Unit. If Resident desires alternative telephone services, Resident
must contact the appropriate provider and make arrangements for such services at Resident’s expense.
(B) Resident may find it necessary to purchase a network interface card and/or other equipment to connect
Resident’s personal computer to the Facility’s network. Such equipment and expense are Resident’s sole
responsibility. In the event Resident is in default under any of the terms of this Residency Agreement (including
without limitation the Rules and Regulations), or in violation of the terms and conditions of the internet service
provider and/or the terms and conditions governing the use of University provided services, Landlord shall have the
right, in addition to all other rights and remedies, to discontinue Resident’s connections to such internet service
and/or University provided services.
(A) If (i) Resident fails to perform any of its agreements or obligations hereunder when such performance is
due, and continues such failure for more than: (a) five (5) days after a default notice from Landlord, if Resident has
failed to pay Program Fees, or (b) ten (10) days after a default notice from Landlord, if Resident has failed to
perform or observe any of its other agreements or obligations hereunder, or (ii) Resident violates any of the attached
Rules and Regulations, or (iii) Resident fails to take possession of the Premises at the beginning of the Term, or (iv)
Resident abandons the Unit, or (v) any information provided by Resident (including, without limitation, information
in Resident's Residency Agreement application) is false or materially incorrect, then an "Event of Default" shall be
deemed to have occurred.
(B) Notwithstanding the foregoing, if Resident is accused of committing a felony or a violent misdemeanor,
or if illegal drugs or weapons are found in the Unit, or if Resident commits an act of violence in the Unit, then (i)
immediately upon notice from Landlord, an Event of Default shall be deemed to have occurred, and (ii) in addition
to all Landlord's other rights and remedies with respect to such Event of Default, Resident shall vacate the Unit and
Premises within twenty-four (24) hours after notice from Landlord.
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(C) If Landlord issues such a notice of default to Resident, then, regardless of whether Resident cures such
default, Resident shall pay Landlord a default notice processing fee of $100 for the first default notice and $200 for
each subsequent default notice.
(D) Upon the occurrence of an Event of Default, Landlord shall have the right, in addition to all its other
rights and remedies hereunder and under applicable law: (i) to accelerate all Program Fees for the balance of the
Term, which accelerated Program Fees shall be payable by Resident on Landlord’s demand, and/or, at Landlord’s
option, (ii) to terminate Resident’s right to possess the Premises, without terminating the Residency Agreement or
relieving Resident from any of its obligations hereunder (including its obligation to pay all Program Fees for the
entire Term), in which case Landlord shall credit to Resident any net proceeds of any releasing of the Premises by
Landlord at Landlord’s option, (iii) to terminate this Residency Agreement, in which case Resident shall pay
Landlord all damages recoverable under applicable law and/or at Landlord's option (iv) to apply Program Fees
payments to damages, losses, costs and expenses incurred by Landlord. Landlord’s exercise of any of the foregoing
remedies shall not preclude Landlord’s subsequent exercise of any other right or remedy specified herein or
allowable under applicable law.
(E) If Resident fails to vacate the Premises upon the expiration or sooner termination of the Term, then,
without limitation to any other remedy of Landlord, Resident shall pay Landlord holdover Program Fees equal to
$100 for each day of such holdover.
(F) Resident shall indemnify, protect and hold harmless Landlord Parties from and against any and all claims,
suits, actions, proceedings, damages, fines, penalties, losses, costs and expenses suffered or incurred by any
Landlord Party as a result of or in any way relating to any default by Resident hereunder, any failure to perform any
agreement or obligation by Resident hereunder, or the breach or untruthfulness of any representation, warranty or
factual statement by Resident in this Residency Agreement or in Resident’s Residency Agreement application or
This Residency Agreement and Resident’s rights hereunder, are subject and subordinate to all present and
future financings secured by property of which all the Premises are a part. Resident shall, within five (5) days after
Landlord’s request, sign any certificate(s) that Landlord requests to confirm that this Residency Agreement is so
subject and subordinate. Resident authorizes Landlord to sign such certificate(s) on behalf of Resident.
(A) If, during the Term, the Premises are damaged or destroyed by fire or other casualty, then, at Landlord’s
option: (i) the Premises shall be promptly restored and repaired by the Landlord and, if the Unit is damaged or
destroyed, any Program Fees for the period that the Premises are uninhabitable by Resident shall abate, unless and to
the extent Landlord provides Resident with comparable alternative living space, in which event Program Fees will
not be abated, or (ii) Landlord may terminate this Residency Agreement by so notifying Resident. in which event the
Program Fees shall cease to accrue as of the date of such damage or destruction, or (iii) Landlord may relocate
Resident to another unit within the Facility or a comparable facility. Notwithstanding the foregoing, Resident shall
not be excused from paying Program Fees if the damage or destruction to the Premises is caused by Resident or any
guest of Resident.
(B) If the Premises are condemned, this Residency Agreement shall terminate on the date the possession is
tendered by Landlord to the condemning authority. All condemnation damages shall be the property of Landlord.
Landlord reserves the right, upon ten (10) days’ written notice: (a) to require Resident to change bedrooms
within the Unit, and (b) to relocate Resident to another Unit at the Facility. If Resident requests to be relocated, then
Resident shall pay Landlord a Transfer Fee of $350.00. In no event shall Landlord be obliged to relocate Resident at
Resident’s request, or be responsible or liable for problems or disagreements arising out of any differences in
personality, style of living, etc. among Resident and other Residents of the Unit.
Resident acknowledges that Landlord has not made any representations, either written or oral, to Resident
concerning the safety of the Facility or the Premises or the effectiveness or operability of any security devices or
security measures at the Facility or the Premises. Resident acknowledges that Landlord neither warrants nor
guarantees the safety or security of Resident or its guests against any criminal, tortuous or wrongful acts of any
person. Resident acknowledges that security devices or measures may fail or be thwarted by criminals or by
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electrical or mechanical malfunctions. Therefore, Resident acknowledges that Resident should not rely on such
devices or measures and should take steps to protect himself or herself and his or her existing property as if these
devices or measures did not exist. Resident agrees to immediately notify Landlord of any malfunctions involving
locks, doors or windows in writing. Resident, for itself and all other Resident Parties, hereby releases all, and
covenants not to sue any, Landlord Parties, and waives any and all liability of, and all claims, suits, actions and
causes of action against, all Landlord Parties, with respect to any and all personal injury, death or property damage
suffered by any Resident Party as a result of any criminal, tortuous or wrongful act by any person, including without
limitation another Resident of the Facility, but excluding gross negligence and willful misconduct by Landlord.
(A) Resident shall, within five (5) days after occurrence, notify Landlord of any alleged violation by
Landlord of any of its obligations to Resident under this Residency Agreement. The failure of Resident to make
such notification within such time shall constitute a complete waiver by Resident of such violation by Landlord
(B) If this Residency Agreement is signed by more than one person as Resident, then the liability of all such
persons to Landlord hereunder shall be joint and several, and references in this Residency Agreement to the
Resident shall be deemed to include all persons who so sign this Residency Agreement as Resident.
(C) In the event any provision of this Residency Agreement is determined to be invalid or unenforceable,
such provision shall be deemed severed from the Residency Agreement and the remainder of the Residency
Agreement shall not be affected thereby.
(D) This Residency Agreement and any attachments and/or amendments represents the final and entire
agreement between Resident and Landlord and supersedes all other communications, negotiations, representations
and agreements by Landlord and Resident. This Residency Agreement may be amended only in writing signed by
both Landlord and Resident.
(E) In the event of a transfer of Landlord’s interest in the Premises, Resident shall attorn to and recognize the
transferee as Landlord under this Residency Agreement for the balance of the Term, and thereafter, this Residency
Agreement shall continue as a direct Residency Agreement between Resident and such transferee, except that such
transferee shall not be (a) responsible for any act or omission of Landlord before the transfer; (b) be subject to any
offset, defense or counterclaim against Landlord accruing before the transfer; (c) bound by any previous prepayment
of more than one month’s Program Fees; or (d) required to pay to Resident or account for any Security Deposit or
funds of the Resident other than any Security Deposit or other funds actually delivered by Landlord to such
(F) All notices and other communications required by or relating to this Residency Agreement shall be
effective only if in writing signed by the notifying party hereto and actually delivered to the addressee party.
Notices to Resident shall be deemed received by Resident on the date delivered to the Premises or to Resident’s mail
box at the Facility.
(G) This Residency Agreement may be signed in separate counterparts, all of which, when signed and
delivered, shall constitute the same document. A party’s signature transmitted by that party by facsimile shall be
binding on such party.
(H) This Residency Agreement shall be governed by the laws of the state of California.
(I) The Rules and Regulations attached hereto are an integral part of this Residency Agreement, and Resident
shall observe and perform all of its agreements and obligations under the Rules and Regulations. Landlord may
from time to time amend and supplement the Rules and Regulations, effective upon notice to Resident.
(J) All rights of Landlord hereunder may be exercised by an Agent employed by Landlord. Landlord must
notify Resident in writing if an Agent is employed to exercise Landlord’s rights.
(K) Resident agrees and understands that Landlord may deliver mail to individual apartment mailboxes if the
U.S. Postal Service requests such delivery and that from time to time, prompt delivery may be impossible. Landlord
is not responsible for lost or damaged packages, envelopes, or any other type of mail delivery. Resident agrees that
Landlord shall not be required to forward mail if Resident fails to provide a forwarding address, and that Resident
shall promptly notify all parties of new addresses upon Residency Agreement termination or vacation of the
premises, whichever comes first.
18. CALIFORNIA-SPECIFIC RESIDENCY AGREEMENT PROVISIONS: To the extent a provision of this
Section is inconsistent with any other provision of this Residency Agreement, the provision of this Section shall
(A) MEGAN'S LAW DISCLAIMER. Landlord and its Agent have made no investigation or inquiry under
the Megan's Law (Sex Offender Registration Law) and Resident agrees to make such inquiry or investigation as he
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or she deems necessary. Resident acknowledges that any information disclosed under the Megan's Law may not be
used with respect to the provision of housing or accommodations. By the acceptance of this Residency Agreement,
Resident releases Landlord of any obligation or responsibility to obtain or to disclose such information to Resident.
The California Department of Justice, sheriff's departments, police departments serving jurisdictions of 200,000 or
more and many other local enforcement authorities maintain for public access a database of the locations of persons
required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the California Penal Code. The
database is updated on a quarterly basis and is a source of information about the presence of these individuals in any
neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries
about individuals may be made. This is a “900” telephone service. Callers must have specific information about
individuals they are checking. Information regarding neighborhoods is not available through the “900” telephone
(B) THE CALIFORNIA DEPARTMENT OF JUSTICE, SHERIFF'S DEPARTMENTS, POLICE
DEPARTMENTS SERVING JURISDICTIONS OF 200,000 OR MORE AND MANY OTHER LOCAL LAW
ENFORCEMENT AUTHORITIES MAINTAIN FOR PUBLIC ACCESS A DATA BASE OF THE LOCATIONS
OF PERSONS REQUIRED TO REGISTER PURSUANT TO PART (1) OF SUBDIVISION (a) OF SECTION
290.4 OF THE PENAL CODE. THE DATA BASE IS UPDATED ON A QUARTERLY BASIS AND A SOURCE
OF INFORMATION ABOUT THE PRESENCE OF THESE INDIVIDUALS IN ANY NEIGHBORHOOD. THE
DEPARTMENT OF JUSTICE ALSO MAINTAINS A SEX OFFENDER IDENTIFICATION LINE THROUGH
WHICH INQUIRIES ABOUT INDIVIDUALS MAY BE MADE. THIS IS A "900" TELEPHONE SERVICE.
CALLERS MUST HAVE SPECIFIC INFORMATION ABOUT INDIVIDUALS THEY ARE CHECKING AND
INFORMATION REGARDING NEIGHBORHOODS.
19. RESIDENCY AGREEMENT GUARANTEE:
At Landlord’s option, this Residency Agreement may be null and void unless the attached Residency
Agreement Guarantee is executed and delivered by the parent(s) or sponsor(s) of Resident named therein and
returned to Landlord within fifteen (15) days of the date of Resident’s execution of this Residency Agreement.
Resident acknowledges that this is a Residency Agreement for an essential necessity of Resident. Resident agrees to
be fully bound by all the terms and conditions hereof irrespective of the age or condition of Resident and
irrespective of the execution of a guarantee. The Guarantee shall be an additional assurance to Landlord of the
performance of the covenants of this Residency Agreement and not in substitution of Resident’s responsibilities and
obligations hereunder. THE GUARANTEE SHALL BE VALID FOR THE ENTIRE TERM OF THE
RESIDENCY AGREEMENT AS WELL AS SUBSEQUENT TERMS OR RENEWALS.
In witness whereof, Landlord and Resident have entered into this Residency Agreement.
Westminster House, Landlord
By: _________________________ Resident:__________________________
Date: _________________________ Signature:________________________
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Residency Agreement Guarantee
Guarantors: This Guarantee is executed in order to guarantee the performance of the
Resident under the terms of the attached Residency Agreement.
It is agreed between the parties that Co-signers/Guarantors do not have any right to
occupy the above premises but are jointly and severally liable for all of the obligations set forth
above. This obligation includes, but is not limited to, payment of all Program Fees, all damage to
the premises attributable to the Resident or the Resident’s guests, and other costs or fees incurred
by the Resident under the terms of this Residency Agreement. The terms of this Guarantee
extend so long as the Resident, any person permitted access to the premises by the Resident or
any occupant who otherwise achieved possession from the Resident or the Guarantor remains in
possession of the unit, including the term of all legal action and periods of occupancy connected
The obligations of the Guarantor are separate and distinct from those of the Resident and
may be collected in separate legal action after the default of the Resident. Action upon this
Guarantee may be brought without prior notice to Guarantor of a breach of the Residency
Agreement by the Resident.
The consideration for this Guarantee is that Guarantor recognizes that landlord would not
enter the Residency Agreement with the Resident without the Guarantee.
Print name as signed above
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Rules and Regulations
Code of Conduct
All Residents shall comply with quiet and courtesy hours as established by Staff and Residential Assistants
Resident shall maintain order in his/her room (which include the bathrooms) at all times, and shall not make or
permit any loud, improper or boisterous conduct or otherwise disturb other Residents of the House. All radios,
television sets, stereo equipment, or any other appliances or items which may disturb others shall be turned down
to a volume level that does not annoy or interfere with other Residents of the House. No band instruments shall
be played at the House at any time, with the exception of scheduled student activities in common areas organized
by the Staff. Music lessons, either vocal or instrumental, are not permitted at any time.
It is understood that Resident may have visitors or guests from time to time, but Residents are responsible for the
conduct of their guests. Resident, family members and guests shall at all times abide by the Residency
Agreement, conducting themselves in an orderly manner and refraining from making or permitting any loud or
offensive conduct or otherwise disturbing the comfort or quiet enjoyment of other Residents. Resident shall
accompany his or her guests in all areas of the House. No individual room, except for the Multi-Purpose Room
or lounge, shall be allowed to contain more than 10 people. In addition to conduct defined in this paragraph,
Residents and overnight guests must also abide by the Roommate Overnight Guest Policy on page 14 of
In recognition that the rooms are primarily for the Resident’s occupancy relative to the Resident’s enrollment at
university for educational purposes: 1) Individuals of the same gender may visit overnight when it can be
arranged and agreed upon with the other roommate(s) for a period not to exceed two consecutive nights. 2) Any
person occupying or otherwise staying in the Resident’s room or suite as a guest for more than two consecutive
days shall be deemed a guest only if the prior written consent to such occupancy or stay is secured from the
Staff, except that, under no circumstances, may such person’s stay in the room exceed four days. 3) Resident
may not request permission for a guest to stay in the Resident’s room beyond two consecutive days any more
than four times during the term of the Residency Agreement.
Notwithstanding anything to the contrary contained in the Residency Agreement, the Staff may terminate the
Residency Agreement based on the following criminal activity engaged in by Resident, any member of
Resident’s Household, any of Resident’s guests or invitees, or any other person under Resident’s control: (i)
criminal activity that threatens the health, safety or right to peaceful enjoyment of the building and/or respective
apartments of other Residents, (ii) criminal activity that threatens the health or safety of any Staff member or
other on-site property management Staff responsible for managing the building; or (iii) drug-related criminal
activity in, at, on or near the building. For purposes of the Residency Agreement, “drug-related criminal activity”
shall mean the illegal manufacture, sale, distribution, use or possession with the intent to manufacture, sell,
distribute or use, of a controlled substance as defined in Section 102 of the Controlled Substance Act, 21 U.S.C.
802, as may be amended from time to time.
Use of the Facilities
Game rooms and all other amenities at the House are not provided as part of the landlord’s obligations under the
Residency Agreement and are provided on an "as-is" basis. Use of such amenities may be limited, suspended or
terminated at the discretion of the Staff.
The roof deck is provided for the enjoyment of the Residents and their guests, and rules are posted on the access doors.
Residents and any guests release the Staff from any and all liability in their use of the roof deck. Any Resident who
stands, sits, walks or inhabits those portions of the roof beyond the parapets that are not designated for use by persons will
be subject to a $100.00 fine and/or possible written warning or contract probation.
Laundry facilities are for the use of House Residents only.
Usage of the kitchen, Multi-Purpose Room (MPR), and other areas of the House are subject to the guidelines posted in
Revised 11.09 Resident Initials
Locks may not be altered, changed or added by Residents under any circumstances. Keys are the property of the House and
must be returned to the Staff at the end of Resident’s occupancy. Duplication of keys is strictly prohibited. Resident may
be charged for damage or loss of keys depending on the circumstances of damage or loss. The House may, from time to
time and without prior notice, change locks on a unit for security purposes. Residents will be instructed to exchange keys
with the Staff. In the event of any missing unit keys, the Resident shall pay for the lock change of the entire unit (if there
is more than one door i.e. Heritage Apartments).
Resident shall not remove any window blinds provided by the House. If Resident installs draperies or blinds, Resident
shall remove them at the end of the lease, and any damage to the room shall be repaired by the Resident at the Resident’s
expense. Any window treatment installed by Resident shall have a white backing. Resident shall not throw anything out
of the windows or doors. Resident shall not leave windows or doors open during inclement weather. Resident shall be
liable for any damage to the room resulting from failure to exercise reasonable care, including but not limited to the
following areas: paint, wall, cabinets, carpets, floors.
Resident is encouraged to use good taste when decorating. To avoid marring the facilities, no posters or flyers are to be
posted on exterior building walls, windows, or doors and no stickers are to be placed on interior or exterior doors,
windows, or other surfaces. Resident shall not hang or erect anything on or about the exterior of the room (including
windows) or the House without the prior written consent of management. Posters should be secured to walls using push
pins or thumb tacks. Framed pictures or heavy wall hangings should be secured using proper picture hanging hooks that
do not penetrate through the entire dry wall boards. Resident is not permitted to apply paint, contact paper or any other
non-strippable wall covering of any kind to the walls, doors, or ceiling of the room. Written approval of the Staff is
required for any limited decorating.
Throwing, dropping, or hanging any and all objects from windows and balconies in the House constitutes a danger to
other Residents and the facilities and is expressly prohibited. Any Resident throwing, placing, suspending or hanging
anything, out of their window will be subject to a $100.00 fine and/or possible written warning, contract probation, or
eviction. Windows and doors shall not be obstructed. The use of foil and other similar materials over windows is not
permitted. Window screens must remain permanently in place to fulfill their purpose and to avoid loss.
Resident shall keep neat and clean all patios, porches and balconies of the House and shall not use the same for storage of
unsightly or heavy items. Only outdoor furniture and related patio items may be placed on any patio, porch or balcony.
Lavatories, sinks, toilets, and all water and plumbing apparatuses shall be used by Resident and Resident’s guests only for
the purpose for which they are constructed. Sweepings, rubbish, rags, ashes and other foreign substances shall not be
thrown in any plumbing apparatus. Room lavatories will be cleaned once a month by House maintenance Staff. Routine
and regular cleaning is the responsibility of the Resident.
It is the responsibility of Resident to clean and maintain his or her unit in a sanitary and safe condition. All trash and
garbage shall be placed in sanitary containers in locations designated by the landlord or his or her agent. Resident shall
deposit trash and refuse directly into such trash receptacles or dumpsites and shall not leave trash and refuse in the units
or in the common areas, hallways or similar places. Resident shall not dispose of hazardous materials of any nature
whatsoever in any trash receptacles, dumpsters or similar containers. Staff shall have the right to impose reasonable fines
for the violation of this provision as well as for any littering by Residents. All trash and refuse should be placed in the
trash chutes or inside of the parking garage dumpster provided by the House and not left in the Resident’s rooms or in any
of the common areas, hallways, or similar places in the House. Resident should not deposit room or apartment trash in
litter receptacles located throughout the property since these are intended for litter and not apartment trash or garbage. A
$25.00 service charge will be immediately due and payable by Resident for any refuse which is left outside Resident’s
unit, placed in litter receptacles, or left elsewhere on the property.
Resident should deposit items to be recycled in the appropriately designated recycle receptacles where and when
available. The City of Berkeley allows for the recycling of metal cans, glass bottles, plastic bottles, mixed paper, and
cardboard. (The City does not recycle plastic bags.)
Prohibited Activities and Items
The decision to drink, and how much, is a personal one. Alcohol-related conduct which infringes upon the rights of others
to a quiet, orderly living environment is not acceptable under any circumstances. Under no circumstances shall the
consumption of alcohol take place or any open container of alcohol be permitted in the House, except by Residents of
legal drinking age. Alcohol paraphernalia is prohibited.
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The use, sale, or distribution of illicit drugs will not be tolerated. Residents or guests caught using or soliciting drugs will
be turned over to the criminal or university authorities. Residents or guests caught or suspected of using drugs will face
disciplinary action including the possibility of eviction. Contraband inspection services may be conducted on an
unannounced basis. Communal areas, individual rooms and automobiles shall be subject to inspection. Drug
paraphernalia (ex: bongs, hash pipes, blow tubes, water pipes) is prohibited. If a prohibited item is observed in the House,
the item will be confiscated and disciplinary action may be initiated.
The Westminster House facilities are smoke free. Smoking is not allowed in any room, or in public areas including
hallways, lounges, laundry room, roof deck.. Pursuant to Section 12.70 of the Berkeley City Code, no smoking is
permitted within twenty feet of the House.
Gas, barbecue, or charcoal grills, live-cut Christmas trees, space heaters and other heating devices (unless provided by the
Staff) constitute fire hazards and are prohibited in or around the House.
Use of halogen lamps or colored light bulbs by Resident in any exterior fixture is prohibited.
Candles, incense or other odor producing items shall not be used in the House.
Resident shall not place any unusually heavy objects on the floor, such as pool tables, waterbeds, etc.
Animals are strictly prohibited from being brought into the House without the express written consent of the Staff.
Seeing-eye dogs are permitted. In the event of a violation, the pet must be removed and a $200.00 fine will be assessed
against the Resident or animal owner and Staff may declare the Resident in Default. In the event of a subsequent
violation, a $250.00 fine will be assessed. Staff may remove any unauthorized animal after one day’s written notice of
intent to remove the pet is left in a conspicuous place in the apartment. Staff may turn the pet over to a humane society or
Solicitation and/or canvassing of any kind, without the prior consent of the Staff, will not be permitted in or around the
House. Residents are requested to notify Staff of any such activity.
Darts, dart boards, and liquid-filled furniture are prohibited.
Stolen property shall not be stored in or around the House.
Dangerous substances and chemicals (ex: automobile batteries, gasoline, acids, etc.) as well as firearms, fireworks,
weapons (ex: paint pellet guns, handbillies, nunchucks, switchblades, explosives) are prohibited.
Major appliances not provided by Landlord, such as washers, dryers, dishwashers, etc. are prohibited. Limited small
appliances, such as radios, TVs, hair dryers, and irons are permitted. Dehumidifiers, if equipped, must remain in the on
position and placed on low and set to “5” at all times.
Aerials, masts and other short wave radio transmitting equipment are prohibited (FCC and safety regulations).
The Residency Agreement prohibits any commercial or business activity within the units. Babysitting is not allowed in
the House with the exception of the children of House Residents.
Gambling is prohibited in and around the House.
Hazing by any club, group, organization or individual is strictly forbidden by state law. Hazing includes “any act that
injures, degrades, disgraces, any fellow student or person.” Pledging activities are strictly prohibited.
Recreational or sporting games of any form (except where designated) are prohibited.
Lofts, wall partitions, or any similar structure (without written consent of Landlord) is prohibited.
No furniture is to be removed from public areas and Residential units. Removal of such will be considered disorderly
conduct or theft and the person or persons responsible may incur charges for replacement, fines or other disciplinary
actions. (No storage for unwanted furniture is available. Resident will be held responsible for furniture returned to its
original position prior to checkout.)
Fire Alarm Protocol
Fire warning devices and safety equipment are to be used only in case of emergency. The sounding of a fire alarm should
always be taken seriously. In the event of an alarm, Resident is to leave the House immediately. Resident will be
instructed when he/she will be allowed to return to his/her room. A Resident who does not vacate his or her room during a
fire alarm is subject to disciplinary action and/or a fine. The intentional sounding of an alarm outside of an emergency
situation is a criminal offense and a material breach of the Residency Agreement. Periodically the Landlord will test the
smoke detectors in rooms for proper operation and working batteries. Upon notification, Landlord will replace batteries if
needed. Tampering or altering smoke detectors will result in a $100.00 fine.
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Westminster House Garage/ Vehicles and Bicycles
Parking is by permit only in numbered spaces. The parking fee is for rental of a space, which cost is borne only by those
requiring such space. Double parking in fire lanes, in Staff spaces or spaces assigned to other Residents will result in the
vehicle being ticketed and/or towed at vehicle owner’s expense. The Staff is not responsible for any damage that may
occur during towing. Allowing other Residents or non-Residents into the parking garage without a permit will result in a
$100.00 fine as well as a written warning and/or contract probation for the Resident in violation.
Any vehicle Resident wishes to park at the House must have current state registration and state inspection and must
visibly display a parking permit. Resident is not entitled to a parking permit, and if Staff declines to issue a parking
permit to Resident for any reason, then Resident shall not park at the facility. A charge shall be payable by Resident for
replacement of a lost permit. Staff may issue additional rules and regulations regarding parking at any time, which shall
be binding on Resident.
Overnight and weekend parking may be available on a limited basis for Residents, Resident’s parents, Resident’s
relatives, and Resident’s friends. Resident must request permission from Staff and if granted ensure that vehicle is parked
in designated space only and that House parking permit is displayed inside of vehicle at all times while parked at House.
Parking permit and remote access device will be returned to Staff at the end of the parking term.
Bicycles may be parked or stored only in the area provided for bicycle parking (located in the garage). Bicycles may not
be chained to any exterior railings, trees, light poles, or any other structure. Bicycles may be removed from such areas by
the Staff and a $50.00 removal fee will be charged to the owner of the bicycle. The Staff shall not be liable for damage to
or loss of any bicycles. Resident shall not allow bicycles or such other vehicles (as with any other object) to obstruct the
doorways, driveways, sidewalks, courts, entry passages, stairs or halls of the House.
Washing vehicles and performing mechanical work on the premises is prohibited unless special areas are designated in
sole discretion of the Staff. Parking of racecars, junk cars or storage of any vehicle that is not operable is prohibited.
Parking of boats, recreational or commercial vehicles is prohibited. Motorcycles, motor scooters, mopeds, and/or other
internal combustion engines cannot be inside the building. Resident shall not abandon any vehicle at the property.
The speed limit for motor vehicles in the garage is 5 MPH. Pedestrians have the right of way.
Resident Overnight Guest Policy
Westminster House (WH) strives to create an environment that is safe and comfortable for all residents. This guest
policy has been created to clarify how residents and their guests are to conduct themselves in order to ensure that
everyone in the community can enjoy their experience at WH.
1. Residents must receive consent from all roommates before inviting a guest to spend the night. Residents
are encouraged to discuss their views on overnight guests and respect the preferences of their roommates as
outlined in the Roommate Agreement.
2. Residents are required to inform their RA or the Leasing Office Staff each time they have an overnight
guest. (Email notification is sufficient.)
3. Each resident is limited to twelve (12) nights per semester when they may have an overnight guest.
4. If a resident plans to have an overnight guest for more than three (3) consecutive nights, he/she must put
the request in writing and submit it to the Leasing Office prior to the guest arriving. This request must
include all roommates’ signatures consenting to the visit.
5. Overnight guests are not permitted to sleep in common living areas.
6. The beds at WH are designed for one person. Thus, we do not condone the sharing of beds.
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7. We believe that sexuality is life-affirming and sacred, and that sexual unions are properly characterized by
love, mutual respect, and joy. While sexual intimacy is primarily an interpersonal act, it has communal
implications, especially when living space is shared. Therefore, we do not condone sexual activity in the
rooms at WH, and expect that, in no case, will it take place with roommates or others present.
8. WH Staff reserve the right to address other guest-related issues not stated in this policy or the Residency
If a resident does not follow the conditions of this policy, consequences may include, but are not limited to, the
following: Staff may inform the parents, the resident may be required to pay a $50 fine, and further guest privileges
may be revoked.
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Students charged with violations of the Westminster House Rules and Regulations should be
advised of the following procedures:
If Westminster House management determines that Resident(s) must be charged with a violation,
a formal notice is sent to Resident(s) within 10 days. The official letter will identify the violation(s)
that Resident(s) is/are charged with breaching and include a brief explanation of the facts
supporting the charge(s).
Residents charged with violation(s) of Westminster House rules and regulations will meet with a
member of the Staff to discuss the incident(s) in question.
Assessment of Consequences
After Resident(s) meet with a member of the Staff a proper consequence based on the incident will
be assessed to the Resident. In most cases an assignment, a fine (not exceeding $500.00), a written
warning and/or contract probation will be determined and assessed.
Except as to fines specifically set forth in these Rules and Regulations, Staff may impose a fine of
not more than $500.00 for any violation of these Rules and Regulations. Any violation of these
Rules and Regulations also constitutes a default under the Residency Agreement and shall entitle
the Staff to pursue all remedies available pursuant to Residency Agreement. Staff’s determination
of a violation shall be final.
Resident acknowledges that he or she has read these Rules and Regulations prior to signing them,
and hereby agrees to abide by these Rules and Regulations during the term of the Residency
Agreement. Resident also acknowledges that Staff expressly reserves the right to create and
enforce additional rules and regulations applicable to the House and to amend or modify any rule
or regulation contained herein as Staff from time to time determines to be appropriate.
Landlord: _______________________________ Date: ____________________
Resident: ______________________________ Date: ____________________
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