APPLICATION

Definitions

“Age of Majority” means eighteen (18) years old, or the age of majority in the state where the apartment is located, whichever is greater.

“Applicant”, “You”, “I”, “me”, or “my” means the person submitting the information requested in an Application.

Application” means the form, and its terms and conditions, on the Site that requests information from a party intending to lease an apartment that allows Owner to evaluate that party’s qualification to lease an apartment. 

Lease Contract” means the agreement between a landlord and tenant memorializing the terms and conditions of a tenancy.

Owner”, “us”, “we”, and “our” means the owner of the apartment community, or its agent(s), as applicable.

Site” means the apartment community’s website you are using to complete this Application.

 

By submitting this Application, I have reviewed the terms and conditions of this Application carefully, and I acknowledge, accept, and consent to the (1) Application Agreement; (2) Disclosures; and (3) Authorization and Representation sections below. 

 

APPLICATION AGREEMENT

While some of the information below may not yet apply to your situation, there are some provisions that may become applicable prior to signing a Lease Contract.  Review the following carefully. 

  1. Required Applications.  By submitting this Application, Applicant (a) represents and warrants that all co-applicants and occupants over the Age of Majority have completed an Application, and (b) shall cause all current or future co-applicants and occupants over the Age of Majority to complete an Application.
  2. Lease Contract Information. The Lease Contract contemplated by the parties will be the current Lease Contract. Special information and conditions must be explicitly noted on the Lease Contract.
  3. Approval When Lease Contract Is Signed in Advance. If you and all co-applicants have already signed the Lease Contract when we approve the Application, our representative will notify you (or one of you if there are co-applicants) of our approval, sign the Lease Contract, and then credit the application deposit of all applicants (if applicable) toward the required security deposit.
  4. Approval When Lease Contract Isn’t Yet Signed. If you and all co-applicants have not signed the Lease Contract when we approve the Application, our representative will notify you (or one of you if there are co-applicants) of the approval, sign the Lease Contract when you and all co-applicants have signed, and then credit the application deposit of all applicants (if applicable) toward the required security deposit.
  5. If you Fail to Sign Lease Contract After Approval. Unless we authorize otherwise in writing, you and all co-applicants must sign the Lease Contract 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, we may keep the application deposit (if applicable) as liquidated damages and terminate all further obligations under this Agreement.
  6. 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 (if applicable) as liquidated damages, and the parties will then have no further obligation to each other.
  7. Approval/Non-Approval. We will notify you whether you’ve been approved within 10 days after the date we receive a completed Application. Your Application will be considered “disapproved” if we fail to notify you of your approval within 10 days after we have received a completed Application.  Notification may be in person or by mail or telephone unless you have requested in writing that notification be by mail. You must not assume approval until you receive actual notice of approval. The 10-day time period may be changed only by separate written agreement.
  8. Refund after Non-Approval. If you or any co-applicant is disapproved or deemed disapproved under Paragraph 7, 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.
  9. Extension of Deadlines. If the deadline for signing, approving, or refunding under paragraphs 5, 7, or 8 falls on a Saturday, Sunday, or a state or federal holiday, the deadline will be extended to the end of the next business day.
  10. Keys or Access Devices. We’ll furnish keys and/or access devices only after: (1) all parties have signed the Lease Contract and other rental documents; and (2) all applicable rents and security deposits have been paid in full.
  11. Application Submission. Submission of a rental application does not guarantee approval or acceptance. It does not bind us to accept the applicant or to sign a Lease Contract.
  12. Non-sufficient Funds and Dishonored Payments.  By submitting this Application, you acknowledge, if a check from 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: (i) Applicant shall pay to us the NSF Charge; and (ii) We reserve the right to refer this matter for criminal prosecution.

DISCLOSURES

  1. Application and Administrative Fees (Non-Refundable). You agree to pay to our representative a non-refundable application fee and a non-refundable administrative fee in the amount indicated on the payment details screen of the Site. Payment of the fees does not guarantee that your Application will be accepted. The fees partially defray the cost of administrative paperwork, and by paying these fees, you agree they are reasonable. The application and administrative fees are non-refundable.
  2. Application Deposit (may or may not be refundable). In addition to any application or administrative fee(s), you agree to pay to our representative an application deposit in the amount indicated on the payment details screen of the Site (if required). The application deposit is not a security deposit. The application deposit will be credited toward the required security deposit when the Lease Contract has been signed by all parties; OR, it will be refunded under paragraph 8 of the Application Agreement if your application is not approved; OR, it will be retained by us as liquidated damages if you fail to sign or attempt to withdraw under paragraphs 5 or 6 of the Application Agreement.
  3. 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 fees due on the payment details screen of the Site.
  4. Completed Application. Your Application will not be considered “completed” and will not be processed until we receive the following documentation and fees: 1. Your completed Application; 2. Completed Applications for each co-applicant and any occupants over the Age of Majority (if applicable); and 3. All fees and deposits due on the payment details screen of the Site.
  5. 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-applicant is considered notice from all co-applicants.

AUTHORIZATION AND REPRESENTATION

  1. I authorize Owner to obtain reports from any consumer or criminal record reporting agencies before, during, and after tenancy on matters relating to a lease by 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.  Work history information may be used only for this Application.  Authority to obtain work history information expires 365 from the date of this Application.
  2. I authorize Owner, or its agent, to collect payment of the fees and deposits in the amounts specified on the payment details screen of the Site.
  3. I represent that all my statements in this Application are true and complete.  I authorize Owner to verify the same through any means.  If I fail to answer any question(s) or give false information, Owner may reject the application, retain all fees and deposits as liquidated damages for its time and expense, and terminate my right of occupancy.  Giving false information is a serious criminal offense.  In lawsuits relating to the Application or Lease Contract, the prevailing party may recover all attorney’s fees and litigation costs from the losing party.  Owner may at any time furnish information to consumer reporting agencies and other rental housing owners regarding my performance of my legal obligations, including both favorable and unfavorable information about my compliance with the Lease Contract, the rules, and financial obligations.