APPLICANT TERMS AND CONDITIONS

1. 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.
   1. 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.
   2. Applicant acknowledges that Owner’s acceptance of Applicant as a resident at the property is conditional upon:
      1. Owner’s approval of this Application; and
      2. 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.
   3. Any Deposits paid are not considered a security deposit under this Application or applicable law. The Deposit will either be:
      1. credited to the required security deposit pursuant to an Apartment Lease Agreement executed by Applicant;
      2. refunded to Applicant as provided herein; or 
      3. retained by Owner as liquidated damages as provided herein.
2. 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.
3. 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.
4. 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:
   1. the Application is withdrawn, for any reason, after signing this Application; or
   2. the Application is accepted, but Applicant does not sign an Apartment Lease Agreement as and when required by Owner; or
   3. 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.
5. 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:
   1. 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;
   2. 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
   3. 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.
6. PORTABLE TENANT SCREENING REORT DISCLOSURE
   The prospective tenant has the right to provide to the landlord a Portable Tenant Screening Report, as defined by section 38-12-902 (2.5), Colorado revised statutes; and if the prospective tenant provides the landlord with a Portal Tenant Screening Report, the landlord is prohibited from: 
   1. Charging you a rental application fee; or 
   2. Charging you a fee for the landlord to access or use the PTSR