Desert Willow Apartments Terms and Conditions

New Mexico Tech Department of Housing and Residence Life Housing License Agreement Terms and Conditions

for Desert Willow Apartments

By signing this Application and License Agreement, the undersigned acknowledges that they have read and understand the terms and conditions of this Agreement. The student further acknowledges that this License Agreement is binding for the applicable housing term at the New Mexico Institute of Mining and Technology (“New Mexico Tech”) and agrees to comply with all terms and conditions contained herein.

GENERAL DISCLAIMER:

The undersigned, who is or intends to be a registered student at the New Mexico Institute of Mining and Technology (hereinafter, the “Student”), and the New Mexico Institute of Mining and Technology (hereinafter, the “University”), hereby enter into this Apartment Housing License Agreement (hereinafter, the “Agreement”) under the following terms and conditions.

This Agreement governs residency in the Desert Willow Apartments, a University-owned apartment community primarily designated for graduate students and family housing.

The Agreement is binding for the full 10-month academic year (August 1 – May 31) or for the calendar year (June 1 – May 31) as specified in the housing assignment.

Specific rental rates, dates, and other applicable information are set forth in the current Housing and Residence Life (HRL) Rates Schedule, available through the HRL Office and on the HRL website. The Rates Schedule is incorporated by reference into this Agreement and may be subject to change.

The Student agrees to comply with:

These documents are incorporated by reference and form part of this Agreement. 

Definitions

For purposes of this Agreement, the following definitions apply:

Adult

Any person age 18 or older.

Family Housing

Housing for a registered student who resides as part of a family unit, including married couples, couples with children, single parents with children, domestic partners, or other approved family arrangements.

Graduate Student

A student enrolled in a Master's or Doctoral degree program at New Mexico Tech.

Occupant

The registered Student and any authorized individuals residing in the apartment.

Occupancy

Occupancy is established when a key or access credential is issued to the Student for a specific apartment unit.

Term

The period of time during which the Student is authorized to occupy the assigned apartment.

Termination

The formal conclusion of the Agreement either through expiration of the housing term or approved early termination.

Eviction

Administrative removal from housing due to violation of University policies or failure to comply with the terms of this Agreement.

ELIGIBILITY:

Desert Willow Apartments are primarily designated for graduate students and family housing residents.

Graduate Students

Graduate students residing in Desert Willow Apartments must:

Undergraduate Students

Undergraduate students may reside in Desert Willow Apartments only when space is available and must:

Family Housing

Family housing may include:

Documentation verifying family relationships may be required. The Student must notify the HRL Office if the legal status of occupants changes during the term of residency.

Exceptions

All residents must demonstrate reasonable progress toward completion of their academic degree.

HOUSING DEPOSIT AND APPLICATION VALIDITY

Submission of a housing application is not considered complete until the required housing deposit is received.

A $200 housing deposit is required with the application.

Additional family members may require an additional deposit of $50 per occupant.

Once the Student has submitted both a completed application and the required deposit, the Student becomes bound by the terms of this Agreement unless the Agreement is canceled according to University cancellation procedures.

CANCELLATION POLICY:

  1. Notification of Cancellation to Avoid Penalty

Students entering University housing may cancel this Agreement without financial penalty by:

  1. July 31 for the fall term
  2. December 31 for the spring term
  3. May 31 for the summer term
  1. Cancellation After the Deadline

Between the above deadlines and the opening day of classes, a $400 cancellation fee will be assessed.

  1. Cancellation After Move-In

Cancellations made after the student has moved into the apartment are not eligible for refund.

  1. Spring Semester Cancellation

Students requesting cancellation for the spring semester after residing during the fall semester may remain financially responsible for housing charges unless granted a waiver by HRL.

  1. Written Cancellation Required

All cancellations must be submitted in writing. Phone cancellations will not be accepted.

  1. Failure to Check In

Students who submit an application and deposit but fail to cancel and do not check in by the first day of classes will have their assignment canceled and will be assessed the cancellation penalty.  

HOUSING ASSIGNMENT:

This Agreement is non-transferable. Students may not assign, sublet, or otherwise transfer their housing assignment.

Housing requests are considered based on:

The University will attempt to consider student preferences but does not guarantee assignment to a specific apartment, building, or roommate.

HRL retains full discretion to assign or reassign residents as necessary for operational, safety, or community reasons.

OCCUPANCY:

This Agreement is binding for the entire housing term.

Desert Willow Apartments remain open during academic breaks. Residents may remain in the apartment during University holiday periods unless otherwise notified.

Students may not occupy an apartment prior to their assigned move-in date or after their assigned move-out date unless written approval is granted by HRL.

Late Arrival

Students unable to check in by the first day of classes must submit a written request to HRL to hold the apartment assignment. The requested hold period may not exceed seven (7) days unless approved in writing.

Check-Out and Housing Deposit

At check-out, the apartment condition will be evaluated using the Room Condition Record. Charges may be assessed for damage or cleaning beyond normal wear and tear.

The housing deposit will be refunded to the Student’s account, less any applicable charges, following final inspection.

SERVICES, FURNISHINGS & UTILITIES:

The University will provide the Student with an apartment with the following furnishings and utilities for the term of this Agreement.

Furnishings

All units include:

Graduate and single-student units include:

Family units:

Students may not remove University-owned furniture or appliances from the apartment.

Utilities

The University will provide:

Internet service may experience interruptions or reduced speeds, and the University does not guarantee uninterrupted service. Should any of these services see an unusual spike in usage, the occupant(s) may be charged for the overage.  

MAINTENANCE:

The University is responsible for routine maintenance of apartments and surrounding grounds.

Students are responsible for maintaining their apartment in a clean and sanitary condition and must report maintenance concerns through the official work-order system.

The University may enter apartments for:

Advance notice will be provided when feasible, except in emergency situations.

Monthly inspections will occur of all units.  Additional Periodic safety inspections may also occur.  Inspections cannot be refused.  

USE OF FACILITIES:

The University reserves the right to:

  1. Require residents to move to other housing accommodations when necessary.
  2. Change apartment assignments when vacancies occur.
  3. Inspect apartments for health, safety, or maintenance purposes.
  4. Restrict apartment usage under medical or public health direction.
  5. Reassign residents when necessary for health, safety, or community welfare.

OCCUPANT RESPONSIBILITY FOR DAMAGE OR LOSS:

The Student’s acknowledgment of the Room Condition Record at check-in establishes the baseline condition of the apartment including the assigned room, residence, furnishings, and equipment at the time of occupancy. The Room Condition Record establishes the baseline condition against which the room and its contents will be evaluated at check-out or termination of occupancy.

Damages: The Student agrees to be financially responsible for any damage, loss, or destruction to the residence hall, assigned room, furniture, or equipment that exceeds ordinary wear and tear, including damage caused by the Student’s guests. Damage within an assigned room is the joint responsibility of all Students assigned to that room, unless responsibility can be clearly attributed to an individual.

Checkout: Students must complete check-out in accordance with published HRL check-out procedures. Failure to properly check out will result in a $50 improper check-out fee. Additional charges may be assessed for failure to return keys, excessive cleaning, or damages identified at check-out or upon vacancy.

Abandoned Property: Personal property left behind after check-out will be considered abandoned. Abandoned property with an estimated value of less than $100 will be disposed of immediately. Abandoned property with an estimated value of $100 or more will be stored for up to fifteen (15) days, after which it may be disposed of. Storage and disposal fees will be charged to the Student’s account.

LIMITATION OF UNIVERSITY LIABILITY:

In addition to any other rights, limitations, or provisions available to the University under this Agreement or applicable law, the University shall not be liable for any failure, delay, or interruption in the performance of its obligations when such failure, delay, or interruption results from causes beyond the University’s reasonable control, or from circumstances that could not be prevented or remedied through reasonable effort and expense.

Neither the University nor its Regents, officers, employees, or agents shall be liable for the loss, theft, damage, destruction, or disappearance of personal property belonging to, used by, or in the possession of the Student or the Student’s guests, regardless of where such property is located, stored, or used.

Students are strongly encouraged to obtain personal property (renters’) insurance to protect against loss or damage. Information regarding renters’ insurance options will be made available to students.

REGULATIONS:

All current University policies, procedures, and the Student Code of Conduct, including the Community Standards for On-Campus Living, are incorporated by reference into this Agreement and form a binding part of its terms. Students are responsible for becoming familiar with these documents.

The University and the Office of HRL reserve the right to amend, modify, or repeal policies as necessary. Such changes are effective upon publication and will occur according the New Mexico Tech's Policy Development, Amendment and Rescindment Policy.

The Student agrees to comply with all University policies and expectations, as well as all applicable federal, state, and local laws. Students must respect the rights, dignity, and property of all members of the residential community, regardless of background, beliefs, values, or attitudes.

Residents must comply with all housing regulations as outlined in the Community Standards for On-Campus Living, including, but not limited to:

Service animals and approved assistance animals are permitted in accordance with university policy and federal law.

Failure to comply with University policies, standards, or expectations may result in disciplinary action, up to and including termination of this Agreement and removal from University housing, as determined by the Office of HRL.

TERMINATION OF AGREEMENT:

The University may terminate this Agreement and take possession of the assigned room at any time for violation of any provision of this Agreement, failure to meet financial obligations, or when termination is determined to be in the best interest of the University or the Student.

Reason includes but are not limited to:

This Agreement is automatically terminated if the Student’s enrollment is officially ended due to withdrawal from the University or as a result of academic or disciplinary dismissal.

Any refunds, if applicable under the terms of this Agreement, will be processed only after the Student has vacated the space and completed final check-out procedures. Housing deposit refunds will be issued within three (3) weeks of the Room Condition Report date, less any applicable charges.

Students must vacate the apartment within forty-eight (48) hours following termination unless otherwise approved.

Student-Initiated Termination

Students may terminate this Agreement by submitting a 30-day written notice to the HRL Office.

Students terminating the Agreement prior to the end of the housing term may be responsible for the remaining balance unless a waiver is granted.

Any refunds, if applicable under the terms of this Agreement, will be processed only after the Student has vacated the space and completed final check-out procedures. Housing deposit refunds will be issued within three (3) weeks of the Room Condition Report date, less any applicable charges.

Acknowledgement 

The undersigned agrees to comply with the HRL Community Standards published by the Office of HRL and available on the HRL webpage of the University website (https://www.nmt.edu/reslife/). In addition, the undersigned agrees to comply with all other applicable University policies, procedures, expectations, and the Student Code of Conduct, as published on the University website (www.nmt.edu).

These documents describe the rights and responsibilities of University students and guests and are incorporated by reference into this Application and License Agreement.

The undersigned understands that the University may amend, modify, or repeal these policies, procedures, or standards from time to time. Such changes shall be effective upon publication on the University website and shall apply to this Agreement.