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 above-named person; (4) to my bank, savings and loan, or credit union to provide a verification of funds that I have on deposit to the above-named person; and (5) to the above-named person 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 (aka deposit, deposit hold, application deposit) in the amount outlined and receipted or partial thereof. If application for deposit has been applied to applicants account in marketable funds, Landlord will provide Applicant’s priority position for the property from the market 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 until Landlord decides such. 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. 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”. 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 2 to 3 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 .
Compete paperwork and financial obligations: Applicant 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, 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, there are NO ORAL or implied leases or agreements. 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? (1) Approval can be provided by Landlord by (a.) verbally informing you of approval, (2) email, text, or other form of communication of your 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.
REJECTION OF APPLICANT. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh business day after the:(1) date the applicant submits a completed rental application and background 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; or (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form, and client expressly agrees that the application form has been supplied to him/her by website availability. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants.
Notice of Eligibility Requirements: Sec. 92.3515.
NOTICE OF ELIGIBILITY REQUIREMENTS. (a) At the time an applicant is provided with a rental application, the landlord herein makes available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, this printed notice must be requested in writing by legal applicant prior to occupancy, or by law. 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. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may 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.
Resident Qualifications and Occupancy Standards
Income Requirements: Combined total monthly income of all applicant(s) must be a minimum of three (3) times the rental amount. This income must be verified. 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. Derogatory information obtained from credit reporting agencies may cause the application to be denied.
Criminal History Requirements: A criminal history is obtained for every applicant. 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: Occupancy standards for leasing a property from us is also controlled by the number of occupants per room which is (1) one. This is the maximum number of occupants allowed with the exception that children under the age of two (2) years are not counted. If applicant(s) has a child under the age of two (2) years at the time of move-in and has the maximum number of people per bedroom, they will be required to upgrade to meet the occupancy standards after the original lease expires. Exceptions are possible for unusually large apartment homes with a den, study or loft.
Guarantors: Persons who do not meet the above criteria might qualify if they have a qualified guarantor. The guarantor must meet all criteria with the exception of income, which must be four (4) times the amount of the rental rate of the desired apartment home. If there is more than one guarantor, 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. 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.
Utilities note: Should you be approved, it is important for you to research and review your obligations by utility providers and their body of requirements, rules, and regulations. Unless we provide initial access to utilities, you will need to contact and sign up for utility services on your own in enough time to be sufficient for the provider(s) to complete your request. Any questions you might have concerning utilities, please contact your landlord's agent far in advance of your intended occupancy. Landlord is not responsible for utility provider's requirements in behalf of a tenant.
Simple View llc 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, should have driven by and viewed the property in order for us to process the application. 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, a Lease Guarantor may submit their application. The Lease Guarantor must sign the Texas Association of Realtors Lease Guaranty form and accept full financial responsibility along with Applicant. 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. Only 1 occupant is allowed per bedroom.
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 income; (your rent should not be more than 35% of your gross monthly income(s) (for a single or joint applicants). Unemployment or Workers Compensation 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: 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 should 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” this might be cause for an increase in security deposit, denial, and/or additional prepaid months’ rent or prepayment of entire rental term with large 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.
SECURITY DEPOSIT: Application for Deposit, then the Security Deposit must be paid by certified funds (money order, cashier’s check or certified check, or thru our online system using your checking account). The security deposit is not refunded unless tenant completes the term of the lease and meets all other conditions of the lease.
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 broker. 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.
If you have roommates 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.
Approved by the Texas Real Estate Commission Information about all Real Estate Brokerage Services in Texas:
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 subagent 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 subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent 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.
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.
Once you sign below, you will be taken to part #2 of the application.