Applicant Terms and Conditions
Please read these terms carefully. By submitting a rental application, the Applicant agrees to the terms and conditions below.
Authorization
Applicant represents that all of the submitted information is true and complete and authorizes the verification of same and the performance of a credit check on Applicant as appropriate by all available means. In the event that Applicant provides any false or misleading information in this Application, the Owner or the Owner's Agent shall have the right to automatically reject this Application and all monies paid will be automatically forfeited by the Applicant. Applicant further acknowledges that an investigative consumer report, which includes information as to character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made; and that any person on whom an investigative consumer report will be made has the right to request a complete and accurate disclosure of the nature and scope of the investigation requested, and also has the right to request a written summary of the person's rights under the Fair Credit Reporting Act.
Applicant hereby authorizes the Owner or the Owner's Agent to obtain, and hereby instructs any consumer reporting agency designated by the Owner or the Owner's Agent to furnish, a consumer report under the Fair Credit Reporting Act to the Owner or the Owner's Agent, to use such consumer report in attempting to collect any amount due and owing under this Application, the Applicant's lease (to be executed after Application approval), or for any other permissible purpose.
Applicant acknowledges that acceptance of Applicant as a resident at the property by the Owner or the Owner's Agent is conditional upon:
- approval of this Application by the Owner or the Owner's Agent; and
- receipt of an executed Apartment Lease Agreement from Applicant. In the event any of these conditions have not been met, the Owner or the Owner's Agent shall have no obligation to lease to Applicant.
Deposits
Any Deposits paid are not considered a security deposit under this Application or applicable law. The Deposit will either be:
- credited to the required security deposit pursuant to an Apartment Lease Agreement executed by Applicant;
- refunded to Applicant as provided herein; or
- retained by the Owner or the Owner's Agent as liquidated damages as provided herein.
Deposit Credited to Security Deposit
In the event that this Application is approved by the Owner or the Owner's Agent and Applicant meets all other conditions of occupancy and executes an Apartment Lease Agreement with the Owner or the Owner's Agent as and when required by the Owner or the Owner's Agent, the Deposit shall be credited towards the security deposit identified in the Lease.
Deposit Refunded and Fees Returned
If this Application is denied, the Deposit and any Administrative Fee will be refunded to Applicant within local and state guidelines. This does not include any required Application Fees that were paid to process any Applicant or Guarantor screening. Application Fees are non-refundable.
Deposit and Fees Retained by the Owner or the Owner's Agent
The Owner or the Owner's Agent shall be entitled to retain the Deposit and any other Fees as liquidated damages, in which case all further obligations to lease the premises to Applicant shall be terminated, if:
- the Application is withdrawn, for any reason, after signing this Application; or
- the Application is accepted, but Applicant does not sign an Apartment Lease Agreement as and when required by the Owner or the Owner's Agent; or
- the Applicant has provided false or misleading information within this Application. For the purposes of this provision, if the Applicant is required to pay an additional Deposit in order to qualify for occupancy, the Application shall be deemed conditionally accepted prior to the payment of such additional Deposit, and the failure to pay the additional Deposit will entitle the Owner or the Owner's Agent to retain the originally paid Deposit, even if the Application is subsequently rejected by the Applicant's failure to pay the required additional Deposit.
Access in the Event of Death or Serious Illness
In the event that the Applicant becomes a resident in the apartment community of the Owner or the Owner's Agent, Applicant's execution of this Application shall authorize the Owner or the Owner's Agent, in the event of the Applicant's death, to:
- grant to the person designated in the application as the Emergency Contact access to the Applicant's home at a reasonable time and in the presence of the Owner or the Owner's Agent;
- allow this person to remove any of the Applicant's property or any other contents found in the Applicant's home, or any of Applicant's property located in the mailbox, storerooms or common areas; and
- refund the Applicant's security deposit, less lawful deductions, to this person.
Applicant also authorizes the Owner or the Owner's Agent to allow this person access to remove all contents of the home, as well as property in the mailbox, storerooms and common areas, in the event that Applicant becomes seriously ill.