TERMS AND CONDITIONS

 

  1. 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, Owner 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 includes information as to character, general reputation, personal characteristics, and mode of living, whichever are applicable, of the Application may be made and that any person on which 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 right under The Fair Credit Reporting Act.

 

    1. Applicant hereby authorizes the Owner or the Owner's Agent to obtain and hereby instructs any consumer reporting agency designated by Owner or Owner's Agent to furnish a consumer report under The Fair Credit Reporting Act to Owner or 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.
    2. Applicant acknowledges that Owner's acceptance of Applicant as a resident at the property is conditional upon:
      1. Owner's approval of this Application; and
      2. After the applicant is accepted, but before a rental agreement is executed, (a) the signing of an Agreement to Execute, and (b) the payment of an Execution Deposit to secure the execution of a rental agreement. Further, in the event of acceptance, applicant agrees to (a) pay the balance of the total monies due (as reflected below in the Agreement to Execute) at move-in, and (b) to both complete and execute a Rental Agreement prior to move-in.  Payment of the balance of the total monies due at move-in will be a condition precedent to executing the Rental Agreement.
    3. The deposit to secure the execution of a rental agreement shall be retained or returned pursuant to the following terms and conditions, as further detailed below. The Deposit will either be:
      1. credited to the required security deposit pursuant to an Apartment Lease Agreement executed by Applicant;
      2. refunded to Applicant as provided herein; or 
      3. retained by Owner as provided herein.

 

  1. Deposit Credited to Security Deposit - In the event that this Application is approved by Owner and Applicant meets all other conditions of occupancy, executes an Apartment Lease Agreement with Owner as and when required by Owner, the Deposit shall be credited towards the security deposit identified in the Lease.

 

  1. Deposit Refunded and Fees Returned - If this Application is denied, the Deposit 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.   

 

  1. Deposit and Fees Retained by Owner - Owner shall be entitled to retain the Deposit and, in which case, all further obligations to lease the premises to Applicant shall be terminated, if:
      1. the Application is withdrawn; or
      2. the Application is accepted, but Applicant does not sign an Apartment Lease Agreement as and when required by Owner; or
      3. if the Applicant has provided false or misleading information within this Application. 

 

  1. In the event that the Applicant becomes a resident in Owner's apartment community, Applicant's execution of this Application shall authorize the Owner, in the event of the Applicant's death to:
      1. grant to the person designated in the application as the Emergency Contact access to the Applicant's unit at a reasonable time and in the presence of the Owner or the Owner's agent;
      2. allow this person to remove any of the Applicant's property or any other contents found in the Applicant's unit or any of Applicant's property located in the mailbox, storerooms or common areas; and
      3. refund the Applicant's security deposit, less lawful deductions, to this person.  Applicant also authorizes the Owner to allow this person access to remove all contents of the unit as well as property in the mailbox, storerooms and common areas in the event that Applicant becomes seriously ill.