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APPLICANT
TERMS AND CONDITIONS
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.
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.
Applicant
acknowledges that Owner's acceptance of Applicant as a resident at
the property is conditional upon:
Owner's
approval of this Application; and
receipt of
an executed Apartment Lease Agreement from Applicant. In the
event any of these conditions have not been met, Owner shall have
no obligation to lease to Applicant.
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
Owner as liquidated damages as provided herein.
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.
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 Owner - Owner 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 Owner; or
if 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
Owner to retain the originally paid Deposit, even if the
Application is subsequently rejected by the Applicant's failure to
pay the required additional Deposit.
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:
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;
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
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.