Landlord's are required to adhere all Local, State and Federal laws concerning real estate leasing and housing. If anything herein is needing further explination, please let us know. Your rights as a tenant are paramount and we hope to be able to serve you. Also see links on the front page of the website for Texas Real Estate Comission consumer notices.
Included here are state required disclosures and reminders:
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 by credit card that has successfully cleared, will show as "paid". If application for deposit has been applied to applicants account using any form of payment other than a credit card, the form of payment will be delayed by many factors including but not limited to banking delays, online delays, etc. For this reason other forms of payment are not credited to your account until the sumbission comes to Landlord as cleared marketable funds. Therefore we ask you to use a credit card for immediate credit to your account. Any possible refund, if required, is also delayed due to the same wait time listed above. Refunds can take up to 30 business days, Landlord will provide Applicant’s a temporary priority position (standard 2 to 3 business days when waiting for client(s) to provide requested items) for the property during the application process until the Landlord accepts or rejects applicant -- after having received all required items from applicants--either by (1) not approving client in the seven day period (measured from the time all required applicant items have been submitted), 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. NOTE: if client(s) delay submission of requested items by Landlord, and the delay is beyond 3 business days, Landlord may assume the applicants have changed their mind and are no longer interested. Landlord may lease property to others and applicants will default application for deposit as liquidated damages.
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/non-refund process shall be invoked as outlined.
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, 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 business days.
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.
How do you know if you have been rejected of approved?
After applicant completes all required paperwork to management:
(1) Approval can be provided by Landlord by (a.) verbally informing you of approval, (2) email, text, or other form of communication of mutual approval, (3). and or an associate employed by Landlord employing any of the same. Notice: If, after being approved you have three days to sign lease documents or it is automatically assumed you have changed your mind and no longer want the property. Your application for deposit is defaulted as liquidated damages to Landlord, and all parties have no further obligation one to another.
Sec. 92.352.
REJECTION OF APPLICANT. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance (as outlined above) of the applicant on or before the seventh business day after the: date the applicant submits a completed rental application and has submitted all required paperwork.
The requirement stands for background/credit check to the landlord on an application form furnished by the landlord, or electronic link, and completed the online application for tenant, with the accompanying TransUnion or Equifax report received by Landlord; A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. The above applies to Co-Signers also.
Due to the possibility of applicants delaying completing required documents promptly as outlined, you and all co-applicants and co-signers agree to submit all required documents within a 4 day period of Landlord receiving any initial required documents from any party to the lease, applicant(s), Co-signer(s), etc. If not, required documents are considered incomplete and the applicants are automatically rejected with no further notice.
There is one parking pass provided per bedroom, unless otherwise informed in writing by management.
NOTICE OF ELIGIBILITY REQUIREMENTS.
(a) At the time an applicant is provided with a rental application, the landlord herein makes available to the applicant, online notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, this notice must be requested in writing by legal applicant prior to occupancy, or by law, or is available to applicant on the website of management, and/or part of the application worksheet online.
(b) Items used to make tenancy decisions include the applicant's:(1) criminal history;(2) previous rental history;(3) current income;(4) credit history; or(5) failure to provide accurate or complete information on the application form; (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available by signing this application. Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria listed above. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application will be rejected, and your application fee will not be refunded. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print.
RENTAL HISTORY: Applicants must have good landlord references for 2 years or more unless Applicants have just sold their home. Relatives are NOT acceptable as rental references. Application may be denied for evictions, damages beyond normal wear and tear, illegal activity on premises, refusal to re-rent by previous landlord or if a balance is still owed to pervious landlord. If applicant has been residing in a home they own, they should provide a mortgage payment history of the last 12 months or a statement from their lender reflecting the status of their loan.
INCOME: You must have verifiable minimum income exceeding 3 times rent & utils;. Unemployment or Workers Compensation, bank accounts, and asset holdings will NOT be considered "income". If applicant is self-employed, then the bank statements for the last 6 months and the previous two (2) year’s tax returns will be used to verify income.
CREDIT: TransUnion 700 is baseline for applicant, withou a cosigner; 750 for co-signers; All information showing up on the credit report is subject to verification, including previous address and place of employment. Entries reflected on your credit report must show favorable activity within the last 24-month period. Collections or judgments for related past rental history may be grounds for non-approval. Applicants must have a good credit history. All credit worthiness decisions are made by a third-party agency. If an Applicant’s credit report comes back as an “at risk tenant”for any reason, this might be cause for an increase in security deposit, denial, and/or additional prepaid months’ rent or prepayment of entire rental term with deposit.
AGREEMENT FOR APPLICATION DEPOSIT: Property can be held for up to 3 days after tenant approval has been provided by Landlord, if Applicant signs the Agreement for Application Deposit Form and provides management with the full application for deposit amounts. Applicants receiving housing assistance must sign the Agreement for Application Deposit Form before the request for inspection form will be completed. The Application For Deposit will be forfeited if the terms of the Application for Deposit Agreement is not completed as agreed.
FALSE INFORMATION: If Applicant provides any false information in an application or in this agreement, and or breeches contract, and or occupies premises prior to fulfilling all requirements herein at any time before, during, or after tenancy, Landlord may reject the application, retain the application fee and the Application Deposit as liquidated damages for Landlord’s time and expense, and terminate any right of occupancy. In any legal proceeding between the parties, the prevailing party may recover attorney’s fees from the non-prevailing party. Subchapter I, Chapter 92, Property Code governs Application Deposit procedures. The terms of this agreement are negotiable between the parties. Copies of lease forms and addenda are available from your Landlord. This is a binding agreement. READ IT CAREFULLY before signing and or occupying the property. Again: THERE ARE NO VERBAL AGREEMENTS between lessor and lessee.
Income Requirements: Combined total monthly income of all applicant(s) must be a minimum of three (3) times the rental amount, special consideration may be reviewed in special cases such as those receiving assistance form other sources. This income must be verified by applicant providing the information requested to verify such. Applicant(s) who are self-employed will need to provide the previous years’ personal tax return. Additionally, the applicant must have verifiable employment history.
Credit History Requirements: A credit report is obtained for every applicant. To qualify for occupancy, an applicant must have a history of positive credit and exceed the level of "Good", 700. Derogatory information obtained from credit reporting agencies and or limited income and credit history may cause the application to be denied (or potentially be approved with cosigner) as well as other factors that may limit an applicants ability to fulfil the lease.
Criminal History Requirements: A criminal history is obtained for applicant at Landlord’s discretion. Derogatory information obtained from criminal history reporting agencies may cause your application to be denied. Any felony charges automatically disqualify an individual’s application.
Residential History Requirements: To qualify for occupancy an applicant must have a verifiable positive record of prior residency.
Occupancy Standards: Family friendly. Any confusion please ask us prior to applying. Also, your rights are protected by law. We make every effort to assit all applicants with their rights under the law. Occupancy standards for families leasing a property from us that we allow 2 people per bedroom. This is the maximum number of occupants allowed with the exception that children under the age of 6 months are not counted. If applicant(s) has a child under the age of six (6) months at the time of move-in and has the maximum number of people per bedroom, they will may be required to upgrade to meet the occupancy standards prior to leasing or after the original lease expires. This section may be controlled by State and Federal Statutes. For applicants that are not a family, we allow one person per bedroom, subject to current Texas real estate law.
Guarantors: Persons who do not meet the above criteria might request the application of a guarantor (aka Co-Signer)to help qualify if they have a qualified guarantor. The guarantor must meet all standard outlined criteria with the exceptions of income, which must be four (4) times the amount of the rental rate of the desired apartment home; and credit history must exceed 750, and the other application approval criteria must be met . If there is more than one guarantor, as when multiple tenants request a guarantor each, all guarantors must meet these criteria.
Application for Deposit, Deposit, and Fees: An application fee is not required by us. But utilizing 3rd party reporting companies to assist you in your application (i.e. credit reports etc.) may require a fee for their services. No fees are collected by us, so no application fees can be refunded. Any fees charged by a 3rd party that you use to assist in the qualification process are not refunded by these 3rd parties since they will have provided the service you requested.
Pet deposit is adjusted and specific per animal. Some properties do not allow pets at all. You will also be required to pay a onetime nonrefundable pet fee per apartment. You will see a box checked in your lease that may also include pet rent on a monthly basis. All pest control will be reimbursed by tenant to Landlord if you have any pets. You will also be required to complete a flee treatment by a licensed pest control operator when your move out date arrives. A signed and approved pet agreement must be on file. There are specific pet requirements that may require a pet not reside at this property. Call before you do anything with an application if you have pet(s). Certain breeds and mix of those breeds are not allowed including but not limited to Doberman, Rottweiler, Pit-bull, German Shepherd, Boxer and Chow Chow. You may be required to provide a letter from your Veterinarian verifying the breed of your dog if requested by staff.
Privacy Policy for Personal Information of Rental Applicants and Residents
We are dedicated to protecting the privacy of your personal information, including your Social Security or other governmental identification numbers. We have adopted a privacy policy to help ensure that your information is kept secure. We follow all federal and state laws regarding the protection of your personal information. How information is collected. You may be furnishing some of your personal information (such as your Social Security or other governmental identification numbers) at the time you apply to rent from us or cosign. This information will be on the rental application form or other document that you provide to us or to an apartment locator service, either on paper or electronically. How and when information is used. We may use this information in the process of verifying statements made on your rental application, such as your rental, credit, and employment history. We may use the information when reviewing any lease renewal. We may also use it to assist us in obtaining payment from you for any money you may owe us in the future. How the information is protected and who has access: In our company, only authorized persons have access to your private info or other governmental identification numbers. We keep all documents containing this information in a secure area accessible only by authorized persons. We limit access to electronic versions of the information to authorized persons only. How information is disposed of. After we no longer need your Social Security or other government identification numbers, and or in full compliance with local, state, and federal law, we will store or destroy the information in a manner that ensures that no unauthorized persons will have access to it as well as comply with time retention restrictions. Our disposal method may include physical destruction or obliteration of paper documents or electronic files containing such information. Locator services or other management or brokers: If you found us through a service, please be aware that services are independent contractors and are not our employees-even though they may initially process rental applications and fill out lease forms. You should review their privacy policies as well.
Management and its assignees are exclusive agent and representative of the Property Owner and does not, in any respect, have any judiciary or agency responsibility to Applicant (See also “Brokers Disclosure”). All Federal, State and Local laws are followed, and each application is processed without regard to race, color, religion, sex, handicap, familial status or nations origin of the Applicant.
Applicants must meet the requirements of this Guideline Statement and if possible, and verify and state the applicant is satisfied with the information collected about the property and now completes an application of their own free will.
Each Prospective Tenant (Applicant) 18 yr. of age and older must complete a separate application and pay a non-refundable application fee to the 3rd party credit reporting institution.
If application is denied, and applicant would like to request the possibility of utilizing an approved cosigner, a potential guarantor may request to us about the possibility, and then submit their application. The Lease Guarantor must sign the Guaranty form and accept full financial responsibility of the lease along with Applicant(s).
Applications are processed in the order received. Backup applications will continue to be accepted until an approved applicant has signed the lease and paid the application for deposit. Once approved, each Applicant must sign the lease and be fully responsible for the lease, rent or any fees due within 3 days or Landlord may cancel the lease as outlined above.
Except for families, only 1 occupant is allowed per bedroom. Time limit for all applicants and cosigners to submit required paperwork is outlined above. If deadline is passed, without completing all the paperwork, Landlord may terminate your application and lease property to a different client, refunds discussed above.
If you are involving potential roommates and/or if there are multiple parties as Lessor(s), applicants, or co-habitators etc., ALL parties/applicants/tenants are JOINT TENANTS not Tenants in common. One lease is used for all parties. Should applicant occupy property for any reason, applicant is held responsible for all lease obligations and covenants, as well as becoming responsible for all paperwork, fees, approvals, and obligations herein.
Note: Any broker gathering information about an applicant acts under specific instructions to verify some or all of the information described in this authorization. The broker maintains a privacy policy which is outlined above.
Texas Real Estate Commission Information about all Real Estate Brokerage Services in Texas: See updates and new versions where needed on "front page" of our website or trec.texas.gov
Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner’s agent. A broker who acts as a sub-agent represents the owner in cooperation with the listing broker. A broker who acts as a buyer’s agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract for lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly.
The broker becomes the owner’s agent by entering into an agreement with the owner, usually through a written listing agreement, or by agreeing to act as a sub agent by accepting an offer of sub agency from the listing broker. A sub agent may work in a different real estate office. A listing broker or sub agent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner’s agent anything the buyer would not want the owner to know because an owner’s agent must disclose to the owner any material information known to the agent. Landlord's representitives are "Owner Agents", they represent the owner or landlord. This leasing and management company's broker represents the Landlord or owner(s).
The broker becomes the buyer’s agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer’s agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer’s agent anything the owner would not want the buyer to know because the buyer’s agent must disclose to the buyer any material information known to the agent.
A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker’s obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction:
(1) shall treat all parties honestly;
(2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner;
(3) may not disclose that the buyer will pay price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and
(4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property.
With the parties’ consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party.
If you chose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker’s obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding.