Authorization & Representation & Qualifications:
Applicant authorizes Landlord and Landlord’s agent, at any time before, during, or after any tenancy, to: (1) obtain a copy of Applicant’s credit report; (2) obtain a criminal background check related to Applicant and any occupant; and (3) verify any rental or employment history or verify any other information related to this application with persons knowledgeable of such information. Applicant represents that the statements in this application are true and complete. Applicant understands that providing false or inaccurate information is grounds for rejection and a breach of any lease.
Unless agreed otherwise in writing, the Property remains on the market until a lease is signed, all financial obligations are fulfilled, all paperwork is complete; and Landlord may continue to show the Property to other prospective tenants and accept another offer. Landlord’s agent or property manager maintains a privacy policy that is available upon request. NOTE: If the Property you are applying for is or becomes unavailable for any reason during this application process, and we are unable to proceed or provide you with possible tenancy, you will be informed of such, and your application for deposit, if provided, can be refunded by your request on our website under the tab called "refunds" (and/or Landlord may send refund to any address used by any applicant at any time); and all parties shall have no further obligation one to another. There is no liability that has been incurred by Landlord, management, and or assigned personnel, nor will will remain for any concerned party herein. I (applicant) give my permission: (1) to my current and former employers to release any information about my employment history and income history to the above-named person; (2) to my current and former landlords to release any information about my rental history to the above-named person; (3) to my current and former mortgage lenders on property that I own or have owned to release any information about my mortgage payment history to the application assisting person, entity, manager, and/or assignee; (4) to my bank, savings and loan, or credit union to provide a verification of funds that I have on deposit to the application assisting person, entity, manager, and/or assignee; and (5) to application assisting person, entity, manager, and/or assignee to obtain a copy of my consumer report (credit report) from any consumer reporting agency and to obtain background information about me.
APPLICATION AND APPLICATION FOR DEPOSIT: In addition to the non-refundable application fee if any, Applicant may have delivered to Landlord an “Application for Deposit” in the amount requested or partial thereof. If application for deposit has been applied to applicants account in marketable funds, Landlord will provide Applicant’s a temporary priority position for the property during the application process until the Landlord accepts or rejects applicant either by (1) not approving client in the seven day period, or (2) Approving client by notification. When applicant is not approved Landlord will institute the refund policy as per outline and based on Landlords bylaws and the State of Texas property laws. Landlord is not obligated to remove the Property from the market or discontinue marketing property during any application process. Approval of applicant may be to any/all of applicant(s) and may be by phone, email, text, messenger, note, message (electronic or otherwise), etc., at the Landlord’s discretion. If you, as applicant, have/has a partial or non-complete application or application for deposit, and another party completes a full application and or a full application deposit prior to your completion of same, said other party may take priority for occupancy, at managements discretion, and the refund process shall be invoked.
Should Landlord provide you with the results of your application that is to the contrary and will not be able to provide you with tenancy, such Landlord’s non-approval shall cause your Application For Deposit (and no other funds) to be considered for refund and shall be handled as per Texas Real Estate law. If no other information has been provided to Landlord in written form, any/all approved application for deposit shall be refunded to the address and the person provided by applicant in the initial “Tenant’s Application Form” or any other information provided by applicant.
Due to banking, credit card, ACH, online systems (pay-pal, Venmo, Cozy, and others) delays and non-immediate credit to Landlord, as well as other electronic and physical delays or required hold periods, can cause return of funds to take up to 30 days (unless cash was used in Landlord’s office, with cash receipt signed by Landlord, as such, this type of refund can be as early as 3 to 5 business days to be processed, subject to the above delays when applicable).
OBLIGATIONS UPON APPROVAL OR NON-APPROVAL: You are asking us to "hold" a property for your occupancy when you provide funds to us after your application fees are paid. Any of these funds you provide us, beyond the payment for your application, are called "Application for Deposit". During the application period, Applicant(s) shall have Application for Deposit held as outlined in the Texas Property Code Sec.92.351.If applicant or applicants back out or decline to continue at any time during this process and they have supplied an "application for deposit", such application for deposit shall be non-refundable and shall be considered Liquidated Damages, and parties shall have no further obligation to each other. This holds true with or without lease or other paperwork. Application for Deposit puts a home/property in reserve for you during the application process and as such is held in such a way as to not be leasable to other parties until you are accepted or rejected. That reserve period and provision is provided to you realizing that you are putting at risk your funds provided to us beyond your application fee. TIME IS OF THE ESSENCE Compete paperwork from applicant(s) and Co Signer(s). Compete paperwork and financial obligations: Applicant and Co-Signers where applicable, shall/must execute any/all paperwork yet uncompleted, including lease, within 4 business days, or Landlord may terminate this agreement, retain all fees, application deposits, and monies paid as liquidated damages, save and except Application for Deposit; and the parties shall have no further obligation to each other, or if applicant occupies property without completion of all paperwork, you will be under the same obligations as if you did complete the lease, yet you will be an illegal occupant, there are NO ORAL or implied leases or agreements at any time for any reason. Management omissions or oversight IS NOT an indication of acceptance or approval of any occupant. Applicant must have a fully executed written lease and an approved application, with fully paid required fees and deposits to be considered complete. Once Applicant is approved, and all paperwork executed, Applicant’s application for deposit fee shall then become the tenant deposit as outlined in the lease. If Applicant withdraws application, breeches any agreement, or provides any misrepresentation(s) or false information, Landlord may terminate this agreement, at any time before, during, or after lease term, and retain all fees, deposits, and monies paid as liquidated damages, and the parties shall have no further obligation to each other.