Rental Application Terms and Conditions
The property owner or agent is hereafter referred to as The Property. By signing these Terms and Conditions, you acknowledge that you had an opportunity to review The Property’s Resident Selection Criteria and privacy policy. The Property’s Resident Selection Criteria included reasons why the application may be denied, such as criminal history, credit history, current income, and rental history. I understand that if I do not meet The Property’s Resident Selection Criteria or if I fail to answer any question or give false information, The Property may reject the application retail all application and administrative fees as liquidated damages for its time and expense, and terminate my right of occupancy.
Application Agreement
If you fail to sign Lease after approval. Unless we authorize otherwise in writing, you and all co-applicants must sign the Lease within 3 days after we give you our approval in person or by telephone or within 5 days after we mail you our approval. If you or any co-applicant fails to sign as required your Application will be deemed withdrawn, and we may keep the application deposit and/or fee as liquidated damages, and terminate all further obligations under this Agreement.
If you withdraw before approval. If you or any co-applicant withdraws an Application or notifies us that you’ve changed your mind about renting the dwelling unit, we’ll be entitled to retain all application deposits and fees as liquidated damages, and the parties will then have no further obligation to each other.
Approval/non-approval. If we do not approve your Application within 7 days after the date we received a completed Application, your Application will be considered “disapproved.” Notification may be in person or by mail or telephone unless you have requested that notification be by mail. You must not assume approval until you receive actual notice of approval. If allowed by applicable law, the 7-day time period may be changed, but only by separate written agreement.
Refund after non-approval. If you or any co-applicant is disapproved or deemed disapproved under paragraph 3, we’ll refund all application deposits within 30 days of such disapproval. Refund checks may be made payable to all co-applicants and mailed to one applicant.
Extension of deadlines. To the extent allowed by applicable law, if the deadline for approving or refunding under paragraphs 3 falls on a Saturday, Sunday, or a state or federal holiday, the deadline will be extended to the end of the next business day.
Keys or access devices. We’ll furnish keys and/or access devices only after: (1) all parties have signed the Lease and other rental documents referred to in the Lease; and (2) all applicable rents and security deposits have been paid in full.
Application submission. Submission of an Application does not guarantee approval or acceptance. It does not bind us to accept the applicant or to sign a Lease. Images on our website may represent a sample of a unit and may not reflect specific details of any unit. For information not found on our website regarding unit availability, unit characteristics, pricing or other questions, please call or visit our office.
Notice to or from co-applicants. Any notice we give you or your co-applicant is considered notice to all co-applicants; and any notice from you or your co-applicants is considered notice from all co-applicants.
Disclosures
Application fee (non-refundable). You agree to pay to our representative the non-refundable application fee in the amount indicated in paragraph 3 of the Application Agreement. Payment of the application fee does not guarantee that your Application will be accepted. The application fee offsets the cost of screening an applicant for acceptance.
Application deposit (may or may not be refundable). In addition to any application fees, you agree to pay to our representative an application deposit in the amount indicated in paragraph 3. The application deposit is not a security deposit. The application deposit will be credited toward the required security deposit when the Lease has been signed by all parties; OR, it will be refunded under paragraph 3 of the Application Agreement if the applicant is not approved; OR it will be retained by us as liquidated damages if you fail to sign or withdraw under paragraphs 1 and 2 of the Application Agreement.
Fees due. Your Application will not be processed until we receive your completed Application (and the completed Application of all co-applicants, if applicable) and the following fees: A. Application fee (non-refundable): all applicable fees can be reviewed on your community’s Resident Selection Criteria document.
Completed Application. Your Application will not be considered “complete” and will not be processed until we receive the following documentation and fees: A. Your completed Application; B. Completed Applications for each co-applicant (if applicable); C. Application fees for all applicants; D. Application deposit; and E. all information we need from outside sources to determine eligibility for rental.
Authorization and Acknowledgment
I authorize The Property to obtain reports from any consumer or criminal record reporting agencies before, during, and after residency on matters relating to a lease by the above owner to me and to verify, by all available means, the information in this Application, including criminal background information, income history and other information reported by employer(s) to any state employment security agency.
Payment Authorization
I authorize The Property to collect payment of the application fee and application deposit in the amounts specified under paragraph 3 of the Disclosures.
Non-sufficient funds and dishonored payments. If a check from an applicant is returned to us by a bank or other entity for any reason, if any credit card or debit card payment from applicant to us is rejected, or if we are unable, through no fault of our own or our bank, to successfully process any ACH debit, credit card, or debit card transaction, then: 1. Applicant shall pay a charge of $50 for each returned payment; and 2. We reserve the right to refer the matter for criminal prosecution.
Acknowledgment
You declare that all your statements in this Application are true and complete. Applicant’s submission of this Application, including payment of any fees and deposits, is being done only after applicant has fully investigated, to its satisfaction, those facts which applicant deems material and necessary to the decision to apply for a rental unit. You authorize us to verify your information through any means, including consumer-reporting agencies and other rental-housing owners. You acknowledge that you had an opportunity to review our rental-selection criteria, which include reasons your Application may be denied, such as criminal history, credit history, current income and rental history. You understand that if you do not meet our rental-selection criteria or if you fail to answer any question or give false information, we may reject the Application, retain all application fees as liquidated damages for our time and expense, and terminate your right of occupancy. Giving false information is a serious criminal offense. In lawsuits relating to the Application or Lease, the prevailing party may recover from the non-prevailing party all attorney’s fees and litigation costs. We may at any time furnish information to consumer-reporting agencies and other rental-housing owners regarding your performance of your legal obligations, including both favorable and unfavorable information about your compliance with the Lease, the rules, and financial obligations. Fax or electronic signatures are legally binding. You acknowledge that our privacy policy is available to you. Right to review the Lease. Before you submit an Application or pay any fees or deposits, you have the right to review the Application and Lease, as well as any community rules or policies we have. You may also consult an attorney. These documents are binding legal documents when signed. We will not take a particular dwelling off the market until we receive a completed Application and any other required information or monies to rent that dwelling. Additional provisions or changes may be made in the Lease if agreed to in writing by all parties. You are entitled to a copy of the Lease after it is fully signed. Images on our website may represent a sample of a unit and may not reflect specific details of any unit. For information not found on our website regarding availability, unit characteristics or other questions, please call or visit our office. This Application and the Lease are binding documents when signed. Before submitting an Application or signing a Lease, you may take a copy of these documents to review and/or consult an attorney. Additional provisions or changes may be made in the Lease if agreed to in writing by all parties.
