UNIVERSITY OF CALIFORNIA, SAN DIEGO
THE VILLAGE AT TORREY PINES RENTAL AGREEMENT
1. PARTIES: The parties to this rental agreement are the Regents of the University of California, hereinafter referred to as the
“University” and the undersigned student, hereinafter referred to as “Resident”. The Resident agrees faithfully and fully to
perform and observe all terms and conditions of this Agreement, its Addendums and the Resident Handbook, which is
incorporated herein by reference, and the University agrees to permit Resident to so rent and occupy the apartment space and
to provide a dining plan.
2. ELIGIBILITY: Resident must be a single student enrolled full-time as defined by the University in a degree granting
undergraduate program at the University of California, San Diego. Failure to meet the eligibility requirement is grounds for
forfeiture of this Agreement but does not act as a waiver of any sums due under this Agreement.
3. TERM: This agreement shall commence on 09/18/2010 and end on 06/11/2011. Resident is financially liable for the entire
term of this Agreement unless officially released by the University in writing. If Resident cannot move in on the start date of the
term, Resident agrees to provide written notice of late arrival to the General Manager of the Village prior to the start date of the
4. RENT AND FEES:
a) Payments for the apartment space and dining plan are due according to the rental agreement addendum to include space
assignment, rental amount and payment schedule. Payments are due without demand or billing at the University of
California, San Diego Central Cashier’s Office, Mail Code 0009, 9500Gilman Drive, La Jolla, California 92093-0009.
Checks are to be made payable to “UC REGENTS”.
b) For periods of occupancy within any calendar month, but less than the complete calendar month, the rent shall be pro-
rated to derive a total monthly rent for each day of occupancy based on that current month.
c) Rent that is not received in the Central Cashier’s Office by the due date is subject to a late charge of $20.00 as liquidated
damages. Delinquency in payment will result in the student being barred from registration and/or subject to legal action.
d) Resident agrees to pay the annual Activity Fee of $20. The $20 activity fee is to be included in the first month’s payment
and is required regardless of the effective date of the Agreement. It will not be refunded unless the Agreement is
terminated prior to the Agreement’s effective date.
e) Resident agrees to pay a prepayment of $650 which is applied to the total cost of this Agreement.
5. EARLY MOVE-IN: Early move-in is available by reservation on a limited basis at a rate of $50/day.
6. DINING PLAN: The dining plan dollars are deposited at the beginning of the term and expire at the end of the term of this
Agreement. The dining plan cannot be changed to a lesser value, transferred, dropped, carried forward or refunded. The first
meal begins with lunch on the first day of the term of this Agreement and ends with dinner on the last day of the term of this
7. ADJUSTMENT OF RENT: The University may raise or lower the rental rate in accordance with applicable law.
Notwithstanding any other provision the University shall have the right to raise or lower the rental rate upon thirty (30) days prior
8. CANCELLATION: To cancel this Agreement, Resident must notify the General Manager of the Village at Torrey Pines in
writing prior to the move-in date. It is understood and agreed that it would be impractical and extremely difficult to ascertain the
amount of actual damages the University might sustain if the Resident does not move into the space on the established
occupancy date. In the event that the resident does not move in, the specified sum as indicated below in the sub-section that
applies to the Resident is expressly agreed upon as a liquidated damage amount, which is presumed to be the amount of
damage sustained by the University, and is not intended by either party to be a penalty.
a) Failure to cancel this Agreement and to move-in by 6:00 p.m. on the start date of the Agreement will result in a
cancellation and Resident will forfeit the $650 prepayment.
b) If written cancellation is provided by the Resident, but after 9/1/2010, Resident will forfeit the $650 prepayment.
c) If written cancellation is provided by the Resident and is received on or before 9/1/2010, Resident will forfeit $250 of the
d) If admission is rescinded by the University any time prior to the scheduled move-in date, the Resident will receive a
refund of the $650 prepayment, less a $100 administrative fee and the Rental Agreement will be cancelled. Resident
must provide verifiable proof of rescinded admissions to the Village Residential Services Office prior to the scheduled
9. LATE PAYMENT, RETURNED CHECK, CANCELLATION, TERMINATION CHARGES: It is understood and agreed that it
would be impractical and extremely difficult to ascertain the amount of actual damages that the University would sustain by
reason of a late payment, returned check, cancellation or termination in breach of this Agreement; therefore, whenever this
Agreement refers to these charges, the sum stated is expressly agreed upon as liquidated damage which is presumed to be the
amount of the damage sustained by the University, and is not intended by the parties to be a penalty.
10. OCCUPANCY: Resident agrees to use the premises solely as a private residence for Resident and may not conduct
business or commercial enterprise of any kind within housing. No other person or persons may occupy the premises for more
than three days without the prior consent of the University. Resident cannot assign or transfer this Agreement or sublet the
premises. The University will assign Resident to a specific bedroom within a specific apartment and the University reserves the
sole right during the term of this Agreement to reassign the Resident to another bedroom or apartment. Resident agrees to
occupy the specific bedroom and apartment to which he or she was assigned. Resident may be permitted to move to another
apartment only with the written approval of the University. Resident will be subject to all damage charges beyond regular wear
and tear which will be assessed at the time of the apartment change The University reserves the right to assign Resident to
maximize the use of the spaces within the apartment. The University assigns Resident's without regard to race, religion, national
origin or sexual orientation.
11. UTILITIES: Gas, water, sewer, trash, electricity, cable TV and internet access are included in the rent.
12. KEYS: Keys are given to Resident upon move-in. Bedroom keys are not to be duplicated. It is a violation of the Student
Conduct Code and University policy to duplicate University keys and violators will be subject to disciplinary action. Additional
locks or dead-bolts are not to be installed by Resident. In the event of a lost, stolen, or misplaced bedroom key, the key will be
replaced at a charge of $6. Charges are subject to change without notice. Intentionally tampering and damaging an electronic
lock will result in charges up to $450 for repair and/or replacement.
a) Resident hereby agrees that University may terminate without cause Resident’s tenancy under this Agreement upon thirty
(30) days written notice for any Resident who has resided in housing for one year or less and sixty (60) days’ written
notice for any Resident who has resided in the Apartment for more than one year. The University may serve any of the
following applicable three (3) day notices in the event of a breach of any term of this Agreement by Resident: Notice to
Pay Rent or Quit, Notice to Perform Covenant or Quit, or Notice to Quit. Service of any of the foregoing notices does not
relieve Resident from the obligation to pay rent. Resident must submit a Notice of Intent to Vacate thirty (30) days prior to
the move-out date.
b) Upon receipt, review and approval by the General Manager of the Village of Torrey Pines of a thirty (30) day written
request for termination of the Agreement from Resident subsequent to the time Resident has occupied the premises this
Agreement shall be terminated and a pro-rated refund of all pre-paid monies shall be issued for the following reasons:
i) Resident ceases to be a currently enrolled student at UC San Diego by reason of graduation, withdrawal or
participation in a UC San Diego approved Study Abroad Program. In this event, Resident must give a thirty (30) day
written request for termination accompanied by verifiable proof of change in enrollment status or Study Abroad
Program participation. If, for any reason, the Apartment is vacated before the end of the thirty (30) day period,
Resident remains responsible for the payment of rent until the thirty (30) day period expires.
ii) Written approval and substantiation by the University of Resident’s written request for termination based on
compelling and UNANTICIPATED medical or financial problems arising after the date of execution of this
Agreement; termination to be thirty (30) days from the date of written approval by the University. If, for any reason
the space is vacated before the end of the thirty (30) day period, Resident remains responsible for the payment of
the rent until the thirty (30) day period expires.
iii) Resident presents verifiable proof of a committed relationship occurring during the term of the Agreement
accompanied by a thirty (30) day written request for termination. If for any reason, the space is vacated before the
end of the thirty (30) day period, Resident remains responsible for the payment of rent until the thirty (30) day
iv) Admission is rescinded by the University during the Resident’s occupancy, Resident will receive a refund of the
$650 prepayment, less a $100 administrative fee after moving out. Resident must give a thirty (30) days written
request for termination accompanied by verifiable proof of rescinded admissions to the Village Residential Services
Office. If, for any reason the space is vacated before the end of the thirty (30) day period, Resident remains
responsible for the payment of the rent until the thirty (30) day period expires.
c) If Resident vacates the space for reasons not noted in this section and prior to the end of the term stated in Section 3,
TERM, a thirty (30) day written notice of intent to vacate is required and must be submitted to the Village at Torrey Pines
Office thirty (30) days before the move-out date. Resident is responsible for all rent and/or any outstanding charges owed
until either the expiration date of the Agreement or until such time as the space is re-rented and a new Resident moves in.
14. HOLDING OVER: Resident agrees to vacate the space on or before 6 p.m. the last day of the term of this agreement. Any
holding over after the expiration of the term of this Agreement, without the prior written consent of the University, is
unauthorized, and Resident shall be liable to the University for treble rent as damages.
15. ABANDONMENT: If the University determines the premises have been abandoned, it may dispose of any property
remaining on the premises as allowed by law, and Resident shall be liable for any costs incurred by the University in disposing
of said property, including, but not limited to, storage costs. Abandonment does not relieve Resident of the obligation to pay
16. PERSONAL PROPERTY:
a) The University and its employees and agents assume no responsibility for the loss, theft, damage or destruction to the
Resident’s personal property kept in the Unit or any location on the premises from any cause whatsoever. The University
strongly recommends that each Resident maintain personal property insurance on his/her belongings.
b) The Resident agrees that personal property left in the Unit or on the property after the expiration or termination of the
Agreement shall be disposed in accordance with Civil Code Section 2080.8.
17. ENTRY OF UNIT BY THE UNIVERSITY: Resident agrees to permit the University to enter the apartment for inspection
purposes, and for any reason allowed by law, including the following:
a) In case of emergency; or
b) To make necessary or agreed repairs, inspections, alterations or improvements, supply services required to maintain the
c) When Resident has abandoned or surrendered the premises; or
d) To show a prospective resident; or
e) Pursuant to a Court Order.
Except in cases of emergency, the University will give Resident twenty-four (24) hours notice of planned entry. Resident agrees
to waive the 24-hour notice requirement to allow University personnel to enter Resident’s space or apartment during normal
working hours when Resident has requested the service.
18. COMPLIANCE WITH UNIVERSITY RULES: The Resident is required to abide by all University policies and rules applying
to campus activities, organizations, students, alcohol, smoking, and firearms. The Resident understands that the University may
take appropriate action, including termination of this Agreement, for conduct which is found by the University to be in violation of
any such rules, including but not limited to, policies noted in the Resident Handbook, which is incorporated herein by reference,
or conduct which is otherwise detrimental to the welfare of the Residents, employees or the physical properties of the University.
19. VACATING THE PREMISES: The Resident shall vacate the apartment space immediately upon cancellation or termination
of this Agreement or no later than 6:00 p.m. on the last day of the term of this Agreement. The Resident shall return the
apartment space in the same condition which he or she received it, other than normal wear and tear as determined by the
University, and must complete the established apartment check-out procedures through the Village at Torrey Pines Office.
Vacating the apartment space without completing the established apartment check-out procedures shall result in the Resident
being charged treble rent until such time as such procedures are completed. Resident may request a preliminary inspection
prior to vacating the premises. Such request must be made at least two (2) weeks prior to the last day of the term of this
Agreement. The Resident has the right to be present during the inspection.
20. CONDUCT OF RESIDENT: Resident agrees to abide by all University rules now in effect or put into effect from time to time
and hereby acknowledges the receipt of University rules. Any amendment of University rules shall be effective ten days after
posting in any central area of the premises or delivery to the premises rented by the Resident. However, any University rule
concerning safety or the safety of others or the use of recreational facilities shall be effective immediately without notice.
Resident is responsible for the activities of their guests and all guests should be accompanied by a responsible Resident.
Resident shall not permit the premises or common areas to become unclean or disorderly, annoy, harass, endanger, or
inconvenience any other Resident, commit waste, create a nuisance or disturb the peace or solitude of any other Resident or
conduct any activity on the premises or anywhere in the building that is in violation of any ordinance, statute, or regulation of any
government agency having jurisdiction or permit such acts to occur.
21. COMMUNITY RESPONSIBILITY: As a Resident of the Village at Torrey Pines, you are in a University group living situation
in which Residents are assigned apartment spaces. The Resident agrees to respect the rights of the other Residents and to
conduct him/herself in a manner conducive to a harmonious living environment as determined by the General Manger of the
facility. The University may terminate this Agreement if the Resident demonstrates an ongoing inability to abide by the
requirements for such group living. Refer to the Resident Handbook for further information.
22. NOISE: Resident agrees not to make nor allow other occupants or guests to make any disturbing noises or operate or use
any mechanical, musical or electrical equipment at any time at such a volume or in a manner that will interfere with the rights,
comforts and convenience of other residents. Quiet shall be maintained between the hours of 11:00 p.m. and 8:00 a.m. week
nights, 1:00 a.m. to 8:00 a.m. weekends.
23. PETS: No animal, except fish which are kept in an aquarium that does not exceed 10 gallons, shall be kept on premises.
Requests for aquariums must be approved in advance by the General Manager of the Village at Torrey Pines and must have a
concurrence of all roommates. Breach of this provision will result in fumigation charges plus any appropriate cleaning or repair
24. WATER FILLED DEVICES: No waterbed or similar water filled devices, to include fish tanks not to exceed 10 gallons, may
be placed in or about the Premises without prior written consent of the University. If such consent is granted by the University,
the Resident must comply with Civil Code Section 1940.5 which requires that the waterbed or device must be fully lined,
installed, maintained and removed according to manufacturer recommendations and Resident agrees to deposit with the
University proof of adequate insurance naming the University as a co-insured.
25. ANTENNAS/SATELLITE DISHES: Resident must complete a Satellite Dish Installation and Registration Agreement, which
is incorporated herein by reference, prior to installing an antenna or satellite dish.
26. USE OF PARKING STALLS: Parking availability is not guaranteed. Parking permits must be purchased from the University
of California, San Diego’s Transportation and Parking Services.
27. TELEPHONES: Pursuant to Civil Code section 1941.4, the University is responsible for installing one usable telephone jack
and for maintaining the inside telephone wiring in good working order in residential dwellings. The Resident remains responsible
for the telephone and any wiring between the telephone and the telephone jack. If there is a problem with telephone service, the
Resident must first determine that the problem is not in the telephone or the wiring running to the telephone jack. Once it is
determined the problem is not in either the telephone or such wiring, the Resident is required to notify the University and the
Resident will arrange for any necessary repair of the telephone jack or inside wiring. If the Resident does not report such
problems to the University or does not acquire prior approval from the University and incurs a cost arranging a repair, the
University shall not be liable for reimbursement to the Resident for costs incurred for said repair.
28. FIRE DETECTION & SAFETY EQUIPMENT: The apartment is supplied with a smoke detection device(s). The detector(s)
in this apartment is in proper working order. Upon occupancy it shall be the Resident’s responsibility to regularly test the
detector(s) to ensure that the device(s) is in operable condition. Resident agrees to inform the University immediately in writing
of any defect, malfunction or failure of such detector. It is a criminal offense to disconnect or otherwise impair the function of this
device. Tampering with fire detection or safety equipment will be subject to disciplinary action in addition to termination of
29. CONDITIONS OF PREMISES AND DAMAGE: Resident acknowledges that he/she will inspect the premises and will find
the premises to be in good repair and in clean and sanitary condition pursuant to the standard set forth on Section 1941.1 of the
California Civil Code. Resident shall complete and submit to the Village Residential Services Office the Move-In and Move-Out
Inspection Checklist within 72 hours of taking occupancy of their assigned space. Defects and damages found after Resident
vacates premises, not reported at time of possession of premises, as noted on the Village at Torrey Pines Move-In and Move-
Out Inspection Checklist shall be the sole expense of the Resident(s). In the event damages occur during the Resident(s)
occupancy and it is determined that the damages are caused by Resident(s), charges will be assessed to the Resident’s
housing account. Resident(s) agrees, as part of a consideration of the rental, to maintain the premises, all fixtures, accessories
and appliances belonging thereto, in a good, clean, sanitary and safe condition throughout the continuation of this Agreement,
and upon vacating said premises, to return the premises to the University in the same condition of repair and cleanliness
including walls and carpet as when received, exclusive of reasonable wear and tear. Resident(s) will be liable for any repairs
necessary during or after residency to restore premises to the original condition, including but not limited to costs to clean,
repair, replace or rebuild any portion of the premises, furniture and fixtures damaged by the Resident(s), Resident’s guest or
invitees; and all costs incurred in connection therewith shall constitute additional charges due and owing from Resident(s) on
demand. In the event the cause of any loss or damage to the University properties cannot be determined after reasonable
investigation by the University, the prorated cost of such move, loss or damage shall be charged to all residents in that area
responsible for such properties, regardless of whether Resident(s) was present at the time that the move, loss or damage
30. MAINTENANCE AND REPAIRS: Resident shall promptly notify the University of any items requiring repair, including, but
not limited to, faucets, light switches, disposal, appliances, toilets, structural components and leaks which could cause damage
to the premises if not corrected. Notification to the University should be immediate in an emergency situation. Cost of repair
and clearance of stoppages in waste pipes or drains, water pipes or plumbing fixtures, caused by resident negligence or
improper usage are the responsibility of the Resident and the Resident will be billed accordingly.
31. MODIFICATIONS AND ALTERATIONS: Resident shall not install improvements in, use molly bolts, screws or fastening
devices on walls, ceiling or woodwork, nor alter, repaint or redecorate the premises without the prior express written consent of
the University. Resident may not perform or arrange for others to perform any repairs to damages or any corrections of
deficiencies in the premises whether during Resident’s tenancy or upon the termination of the tenancy, and Resident hereby
waives any right Resident may have to make such repairs or corrections. The foregoing shall not limit Resident’s right to
request that University repair damage, correct deficiencies, or otherwise service the premises during the tenancy.
Notwithstanding such a request, Resident shall be liable for any damage done to the premises or deficiencies created by
Resident, normal wear and tear excepted.
32. MOLD NOTIFICATION: Mold occurs naturally in the environment and there currently exist no federal or state standards for
permissible levels of molds. The Resident is required to take steps to control growth of mold and mildew by keeping the
premises clean and well-ventilated, particularly when showering, bathing, or washing dishes or clothes. The Resident is
required to notify the University promptly about the existence of moisture, water leakage or overflow in or about the premises.
Resident agrees to comply with the list of responsibilities as outlined in the Resident Handbook.
33. CONSTRUCTION AND RENOVATION: Construction and/or remodeling or repair of academic and residential buildings on
the San Diego campus in the vicinity of the apartments is scheduled. Construction is expected to occur during normal day time
working hours, but will result in disturbances and disruptions, including, but not limited to, increased in noise and dust in the area
surrounding the apartments and there will be both planned and unplanned utility shutdowns in the apartments. By signing this
Agreement, the Resident agrees that he or she has been advised of said construction, and acknowledges that there will be
disturbances and disruptions resulting from construction and has agreed to such.
34. NOTICES: Any notice or document, required or permitted to be delivered hereunder shall be deemed effective delivery,
whether Resident acknowledges as actually received or not, when deposited in the United States Mail, postage prepaid,
addressed to Resident at said premises, and a second copy affixed in a conspicuous place on said premises.
35. ASSURANCE OF ACCOMMODATION: Resident shall be assured of accommodations under this Agreement only when
Resident electronically signs this Agreement and pays the $650 housing prepayment to the General Manager of the Village at
36. WAIVER: Any waiver or non-enforcement by the University of any term or condition of the Agreement shall not constitute a
waiver of any subsequent breach of the same or any other term or condition of this Agreement. Furthermore, the acceptance by
the University of any rental payment after Resident’s breach of any provision of this Agreement shall not be deemed a waiver of
such provision or any prior or subsequent provision, other than the Resident’s failure to make timely payment of the rental
installment so accepted, whether or not the University knew of the prior breach at the time such rent was accepted.
37. MISREPRESENTATON: Any false statements made by Resident on this Agreement or in connection with it will result in
immediate termination of the Agreement.
38. CERTIFICATION: Resident certifies that the application filed in connection with this Agreement is true and correct and that
the Resident has read, understands and agrees to comply with the terms and conditions of this Agreement.
39. ATTORNEY’S FEES: The Resident agrees to pay all costs, including court costs and fees, including reasonable attorney’s
fees incurred by the University in the collection of any money due under this Agreement, the enforcement of any of the terms
and conditions of this Agreement, and/or any unlawful detainer action in which the University is the prevailing party.
40. UNENFORCEABLE TERMS OR CONDITIONS: If any provision of this Agreement shall be held by a Court of competent
jurisdiction to be void or unenforceable, the balance hereof shall nevertheless be carried into effect.
41. AMENDMENTS: By providing thirty (30) days written notice to the Resident of The University’s intent, this Agreement can
be amended, modified and/or supplemented. Any purported oral amendment, modification or supplement shall be void.
42. ADMINISTRATION: The Resident shall provide any notice required in this Agreement to the University of California,
Housing Administration, 9500 Gilman Drive, Mail Code 0090, La Jolla, CA 92093-0090.
43. NOTICE: The California Department of Justice, sheriff’s departments and police departments serving jurisdictions of
200,000 or more and many other law enforcement authorities maintain for public access a data base of the location of persons
required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database 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. Information regarding
neighborhoods is not available through the “900” telephone service.
Leasing Agent Signature:___________________________________________________Date:____________