Cook v. University Plaza

427 N.E. 2d 405 (1981)

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Nature of the Case

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Facts

Ps and D each signed a 'Residence Hall Contract Agreement.' The agreement governs the use of the D's facilities and services by Ps. D agreed to furnish accommodations and services, including basic furniture, carpeting and draperies, local telephone service, cleaning service, social and recreational facilities, and parking facilities. The contract requires a $50 security deposit and spells out the rights that P has in that deposit. D reserves the right to cancel the contract for default, although P has no right to cancel once it has accepted the agreement. If P has not vacated the premises at the end of seven days following a written notice of intent to cancel the contract, D may take possession of the premises and remove the resident. D provides meal service and reserves the right to make assignments of space, to authorize or deny room and roommate changes and to require the resident to move from one room to another. The dormitory is closed, and meals are not served during Thanksgiving and spring recess as well as during semester breaks; and that no one is allowed to remain in the residence hall during these stated periods or beyond the established academic year closing date. The agreement also states that it is not the intention of the parties hereto to create a landlord-tenant relationship. Ps sued D over interest on their security deposits as per a state statute governing landlord-tenant relationships. D moved to dismiss because the Agreement did not create a landlord-tenant relationship. The court agreed. Ps appealed.