RentLucky’s General Terms & Conditions
THIS AGREEMENT FORMS A LEGALLY BINDING CONTRACT BETWEEN YOU AND MY WAY REAL ESTATE SERVICES LLC d/b/a RENTLUCKY. IT IS IMPORTANT THAT YOU TAKE THE TIME TO REVIEW THIS AGREEMENT CAREFULLY.
1. Who May Use the Services and Website. The opportunity to partake in the Service and Website, as defined herein, is not available to minors under the age of eighteen (18) or to anybody who has been previously terminated for violating this Agreement (in its present version or former versions). You may not access the Website or Services if You are (i) a competitor; or (ii) for any competitive purpose.
2. Privacy. You are responsible for maintaining the confidentiality of Your account and password and for taking all reasonable steps to do so. You agree to accept responsibility for all activities that occur under Your account or password. You agree to notify RentLucky immediately if You know or suspect any unauthorized use of Your account or password. RentLucky may share the information and data which You input in this Website with RentLucky’s agents and personnel in the normal course of business. RentLucky also share some of Your information with third parties.
3. Intellectual Property. All trademarks, logos, photographs, and service marks displayed on the Website and in any lease or other forms/contracts (IP) are the property of RentLucky and, possibly, other parties. You are prohibited from using any IP for any purpose whatsoever without the express written permission of RentLucky or such vendor or third party which may own the IP. All information, data, and content including any software programs available on or through the Website (Content) is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing creating derivative works or using any Content for commercial or public purposes. If You submit a listing, You grant RentLucky a worldwide, perpetual, unlimited right to use, reproduce, modify, distribute, and display Your listing in any media. Additionally, You grant RentLucky a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information You provide, directly or indirectly to RentLucky, without any further consent, notice and/or compensation to You or to any third parties.
4. Equal Housing Opportunity. RentLucky complies with federal and local laws regarding equal housing opportunity. RentLucky’s agents perform all Services in accordance with the requirements of the Fair Housing Act of 1968, as amended, and shall take action considered appropriate to carry out the purposes of the Act. RentLucky requires that all listings are compliant with the law regarding equal housing opportunity.
5. Indemnification. You agree to defend, indemnify RentLucky and hold RentLucky harmless from and against any and all debts, claims, demands, lawsuits, regulatory proceedings and all damages, losses and costs (including, without limitation, settlement costs) and expenses (including, but not limited to, reasonable attorneys’ fees, expert fees, legal costs and arbitrator fees) related to all third party claims, charges, and investigations, caused by (a) Your failure to comply with this Agreement; (b) any submissions or information You provide, and/or (c) any activity in which You engage on the Website or using the Services.
6. Limitation of Liability. IN NO EVENT WILL RENTLUCKY OR ANY OF ITS AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES OR WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST RENTLUCKY WITH RESPECT TO THIS AGREEMENT OF USE OR THE SERVICES OR WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
7. Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RENTLUCKY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. RENTLUCKY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. RENTLUCKY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, DIFFICULTY WITH ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO TECHNICAL PROBLEMS RELATED TO INTERNET SERVICE PROVIDERS, AND FOR ANY OTHER REASON. NOTHING IN AGREEMENT TERMS, INCLUDING THIS PARAGRAPH 7, AS WELL AS PARAGRAPH 6, SHALL EXCLUDE OR LIMIT RENTLUCKY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BEACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS, ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND RENTLUCKY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ADDITIONAL DISCLAIMERS CONTAINED IN RENTLUCKY’S SERVICES FOR RENTERS, LESSORS OR OWNERS (DEFINED HEREIN) ARE INCORPORATED HEREIN AND ARE FULLY APPLICABLE.
8. Additional Legal Terms.
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE RESIDENTIAL PROPERTIES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RENTLUCKY DOES NOT GUARANTY THAT THE RESIDENTIAL PROPERTIES, SERVICES, OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR DEFECT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENTLUCKY, THROUGH THE WEBSITE OR FROM THE RESIDENTIAL PROPERTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS NOR MAY THEY CHANGE OR ALTER THE TERMS.
b. ANY INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR, OR ANY THIRD PARTY’S, PROPERTY, PERSON, COMPUTER SYSTEM, OTHER DEVICES, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR WEBSITE.
c. ALL PRODUCTS/SERVICES, CONTENT OR ADVICE PROVIDED TO YOU, DISCUSSED WITH YOU, DESCRIBED TO YOU, RECOMMENDED TO YOU OR MENTIONED TO YOU BY RENTLUCKY OR THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED, DISCUSSED, DESCRIBED, RECCOMENDED OR MENTIONED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY OR ACCURACY. ANY PROVIDING, DESCRIPTION, DISCUSSION, RECCOMENDATION OR MENTION IS NOT A GUARANTY, WARRANTY OR ENDORSEMENT OF ANY RESIDENTIAL PROPERTY. ACCORDINGLY, RENTLUCKY IS NOT RESPONSIBLE, DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE HABITABILITY, RELIABILITY OR PERFORMANCE OF ANY RESIDENTIAL PROPERTY.
d. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RENTLUCKY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOST GOODWILL, LOST USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RENTLUCKY HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES) RESULTING FROM THE RENTAL/USE OF THE RESIDENTIAL PROPERTIES, SERVICES OR WEBSITE. FURTHER, RENTLUCKY SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING TO BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY RESIDENTIAL PROPERTY PRODUCED, DELIVERED, DESCRIBED, RECOMMENDED OR MENTIONED BY RENTLUCKY, VENDOR OR THIRD PARTY; ANY CHANGES WHICH RENTLUCKY MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PRODUCT/SERVICES OR WEBSITE; THE DELETION OF , CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED, BY OR THROUGH, YOUR USE OF THE WEBSITE; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
e. RentLucky reserves the right to make changes to the Website, Services, Agreement, and related policies at any time and for any reason.
f. Unless explicitly stated otherwise, RentLucky as used herein shall be deemed to include RentLucky as well as all of RentLucky’s agents, attorneys, employees, shareholders, managers, members, owners, consultants, directors, officers, parent corporations, subsidiary corporations, affiliated corporations, and successors and assigns.
g. The rules of contra proferentem shall not apply to the interpretation or construction of this Agreement and in case of a dispute the terms of the Agreement should be construed neutrally and not against the drafter.
h. In the event of any dispute over, relating or referring to this Agreement, including but not limited to collections actions, breach of Agreement actions, declaratory judgment actions or equitable injunction actions the prevailing party will be entitled to its reasonable legal costs, expert fees, and attorneys’ fees. The construction, validity and performance of this Agreement will be governed by, and construed in accordance with, the laws of the state of Washington. All parties hereby submit to the jurisdiction of Washington state courts. The venue for all disputes shall exclusively reside in the Superior Court of King County, Washington.
i. If any term, clause or provision of Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision will be deemed to be severed from the Agreement.
j. The provisions of this Agreement will be binding upon and inure to the benefit of the Parties hereto and their respective successors, assigns, heirs and administrators.
k. In the event of any dispute over, relating or referring to this Agreement, including but not limited to collections actions, breach of Agreement actions, declaratory judgment actions or equitable injunction actions the prevailing party will be entitled to its reasonable legal costs, expert fees, and attorneys’ fees.
l. The failure of non-breaching Party to seek relief for the breaching Party’s breach of any duty under this Agreement, will not waive any right of the non-breaching Party to seek relief for any subsequent breach.
m. This Agreement constitutes the entire understanding of the Parties, and supersedes all prior Agreements between the Parties, and will not be modified or amended except in writing signed by both Parties.
RentLucky’s Specific Terms of Service for Renters
If You are a current or prospective renter, You, referred to as “Renter” in Paragraphs 9-28, as Renter agree to the following provisions prior to using any of RentLucky’s Services, now or in the future, including, but not limited to signing any lease contract (Lease) for a residential property (Residential Property). Paragraphs 9-28, are in addition to RentLucky’s General Terms & Conditions which are restated herein.
9. Rental Report. In compliance with state and federal consumer reporting law, Renter is hereby advised that a screening will be conducted regarding the information contained in Renter’s application (Application). The report may contain information regarding Renter’s credit-worthiness, character, general reputation, personal characteristics and mode of living. By agreeing to this Agreement, Renter authorizes RentLucky to conduct the screening and to release information obtained to third parties including, landlords and landlords’ agents of Residential Properties. If any Application is denied or approved conditionally based upon information contained in any report, Renter may request and obtain a copy of the report. Renter has the right to dispute the accuracy of information contained in the report. Renter may have additional rights under both state and federal law. Renter certifies that to the best of Renter’s knowledge all statements/information Renter has provided are, or will provide will be, true, accurate and complete. False, fraudulent or misleading information may be grounds for denial of tenancy, or subsequent eviction, for a Residential Property.
11. RENTLUCKY SPECIFICALLY AND EXPLICITLY DISCLAIMS AND ALL LIABILITY FOR ANY RESIDENTIAL PROPERTY. RENTLUCKY HEREBY DISCLAIMS ANY LIABILITY FOR ANY CAUSE OF ACTION, OR POTENTIAL CAUSE OF ACTION, THAT RENTER MAY HAVE AS A RESULT OF, RELATED TO, OR CAUSED BY, RENTER’S RENTAL OF, OCCUPATION OF, DWELLING IN, PRESENCE ON OR USE OF (COLLECTIVELY “RENTAL/OCCUPATION”) A RESIDENTIAL PROPERTY. RENTER AGREES THAT RENTER WILL NOT SEEK COMPENSATION FROM RENTLUCKY, OR FILE ANY CLAIM OR LAWSUIT AGAINST RENTLUCKY, FOR ANY CAUSE OF ACTION ARISING FROM, OR RELATED TO, RENTER’S RENTAL/OCCUPATION OF RESIDENTIAL PROPERTY. RENTER HEREBY AGREES THAT RENTER CONDUCTS THE RENTAL/OCCUPATION OF THE RESIDENTIAL PROPERTY AT RENTER’S OWN RISK.
12. Disqualifications. PLEASE NOTE THAT NEITHER RENTER, NOR RENTER’S COAPPLICANTS (IF ANY), WILL BE APPROVED FOR RENTING ANY RESIDENTIAL PROPERTY IF ANY OF THE FOLLOWING ARE TRUE REGARDING RENTER, OR ANY OF RENTER’S COAPPLICANTS:
a. A verified unpaid eviction appearing on a credit report, or one that is confirmed with a previous landlord
b. An unpaid rental collection verified on a credit report
c. Any money balance owing to any landlord
d. Four (4) or more late payments within the most recent twelve (12) months.
e. Three (3) “Not Sufficient Funds”/NSF checks within the most recent twelve (12) months
f. Three (3) noise complaints within the most recent twelve (12) months
g. An unverifiable social security number(s)
h. A falsification of any rental application
i. A breach of previous lease agreement that has, or will, result in collection filing
j. An open or non-discharged bankruptcy
k. Certain types of criminal convictions set forth in Paragraph 25
13. The RentLucky Basics:
a. RentLucky Procedure
i. Renter is free to browse RentLucky’s website. Once Renter finds a Residential Property Renter would like to rent, Renter may apply to rent it by filling out an Application and paying the Application fee. Please note that every resident over the age of eighteen (18) must fill out an Application. RentLucky will keep all Applications for thirty (30) days. After thirty (30) days, if Renter still wishes to be considered, Renter, and every resident over the age of eighteen (18), must fill out another Application and pay another Application fee.
ii. Please note that RentLucky will NOT remove a Residential Property from the market (and cease to list/advertise it) simply because Renter, or any coapplicant/coresident fills out an Application. The only way to take a Residential Property off the market (and to cause RentLucky to cease to list/advertise it) is to pay one (1) month’s rent as a retainer (Retainer). This Retainer may be forfeited depending on certain conditions set forth in this Agreement. Renter may apply for a Residential Property and not have it taken off the market, if Renter so chooses. However, please be aware, if there is no Retainer, the Residential Property may be rented to other person(s) regardless of the status/date/merits of Renter’s Application.
iii. After Renter, and coresidents (as necessary) submit their Applications, proof of income (which may include but not be limited to pay stubs, tax returns, bank statements, and letters from employers) and proof of identity (which may include but not be limited to driver’s license or passport) RentLucky will begin the review process and will let Renter (and co-residents as applicable) know whether Renter has been approved for this Residential Property.
iv. If Renter is approved, then, before anyone can move in to the Residential Property, the following must be provided to RentLucky:
1. First month’s rent and security deposit(s) for the Residential Property in certified funds (However, the Retainer may be applied as set forth in this Agreement)
2. Proof of renter’s insurance
3. A visit to the Residential Property and walk through
4. Signing of the Lease for the Residential Property. Please note, that a Lease under one year can be done online. However, Leases over one year must be acknowledged by a notary.
b. Renter’s Rental History. RentLucky will require twelve (12) months of a valid, verifiable rental history. A valid rental history is a written lease or month-to-month agreement. If Renter’s rental history is less than twelve (12) months then an increased deposit and/or cosigner may be requested. Two (2) late payments within most recent twelve (12) months may result in an increased deposit. Two (2) “Not Sufficient Funds”/NSF checks within most recent twelve (12) months may result in an increased deposit.
c. Renter’s Credit History. At least two (2) accounts established for one (1) year in good standing. If derogatory credit history (excluding medical, student loan and past due/foreclosed mortgage debt) is in excess of three thousand dollars ($3,000) an increased deposit and/or cosigner may be requested.
d. Renter’s Employment & Income.
i. Renter will need to be employed to qualify for an unconditional approval.
ii. Renter’s monthly verifiable income must be equal to at least three times the rental amount. If Renter’s income is less than three (3) times the rental amount but more than two and a half (2 ½) times then an increased deposit may be requested. Income that is less than two and a half (2 ½) times the rental amount may require a qualified cosigner. Please see Paragraphs 25 & 26 regarding Section 8 and international students/new US residents and applicants.
e. Renter’s Criminal History. A criminal records search will be performed for felony and misdemeanor offenses. All felony and misdemeanor offenses must be disclosed on the rental application. Certain types of criminal convictions set forth in Paragraph 25 will cause Renter to be automatically denied.
f. Deposits. Renter and/or Renter’s coapplicants may be required to place an additional deposit based on certain factors set forth herein. If there will be pets on the Residential Property, Renter is required to have a fully refundable pet deposit which at a minimum will be five hundred dollars ($500) for one to two pets and up to five hundred dollars ($500) more for each additional pet after the first two (2) pets.
g. Approval to Rent the Residential Property. The ultimate decision as to whether to allow Renter, or anyone else, to rent the Residential Property is based on a composite of factors. It is also, solely and exclusively, in the discretion of the owner of the Residential Property.
14. Lease. The Lease will be the current Lease as provided by the Residential Housing Association of Washington or as supplied by RentLucky. Special information and conditions must be (i) explicitly written on Lease or in the contemplated Lease and (ii) signed by all parties.
15. Administrative Fee. Renter must pay an application administrative fee (Fee). The Fee is in the amount of forty dollars ($40) and is completely nonrefundable.
16. Retainer. The Retainer is not a security deposit and may be refundable or may be nonrefundable pursuant to the provisions of this Agreement. The Retainer is in the amount generally equal to one month’s rent. The Retainer will either be (i) credited toward the required first month’s rent of a Residential Property when the Lease is fully executed (or, in certain circumstances, if an “Intent to Enter Lease Contract” is fully executed prior to executing a Lease Contract) pursuant to Paragraph 20(a) or 20(b); (ii) will be retained as liquidated damages pursuant to Paragraph 20(c) and/or Paragraph 20(d) and not refunded to Renter; or (iii) refunded pursuant to Paragraph 20(e) if Renter are Declined.
17. THE FEE, RETAINER, AND/OR FIRST MONTHS RENT AND ALL SECURITY AND PET DEPOSITS MUST BE MADE WITH CERTIFIED FUNDS.
18. Applications. An Application will not be considered “completed” and will not be processed until all of the following items have been provided to RentLucky: (i) a separate Application has been fully filled out and executed by Renter and each of Renter’s coapplicant(s) (ii) Renter has paid the Fee and (iii) Renter has provided proof of income and identity.
19. Notices. RENTER CONSENTS TO RECEIVE ANY AND ALL COMMUNICATIONS FROM RENTLUCKY VIA EMAIL. Renter agrees that all agreements, notices, disclosures, or anything else, may be provided to Renter by email and that email is considered a “writing” and satisfies any and all legal requirements that any communication must be in writing. RentLucky will notify Renter whether Renter has been approved (Approval) or declined (Declined) for a residential tenancy for a Residential Property for which Renter has submitted an Application within ten (10) days after the submission of a completed Application. Renter’s Application will be considered Declined if RentLucky does not notify Renter of Approval within ten (10) days after RentLucky receives Renter’s completed Application. Approval notification shall be exclusively by email. Renter must not assume Renter has received Approval until Renter receives actual notice of Approval.
20. Retainer Application or Forfeiture (applicable for those placing a Retainer).
a. If Renter, and all Renter’s co-applicants, have signed the Lease prior to Approval, RentLucky will notify Renter and/or any of Renter’s coapplicant(s), upon Approval. RentLucky will execute the Lease Contract and apply the Retainer (and any of Renter’s coapplicant’s Retainer(s)) towards first month’s rent for the Residence.
b. If, upon Approval, Renter, and all Renter’s coapplicant(s) have not yet signed the Lease, RentLucky will notify Renter and/or any of Renter’s coapplicant(s) regarding the Approval. Once Renter and all Renter’s coapplicants have executed the Lease Contract, RentLucky will execute the Lease Contract and apply the Retainer (and any co-applicant’s Retainer(s)) towards first month’s rent for the Residence.
c. After submitting an Application, but before the Application has been approved, if Renter, or any of Renter’s coapplicants, withdraw Renter’s/their Application or refuse to execute a Lease for the Residence Approved (Withdrawal) Renter will forfeit Renter’s Retainer as well as all Renter’s coapplicants Retainer(s). If a Withdrawal occurs, all Retainers will be forfeited to RentLucky as liquidated damages and this Agreement shall be terminated. Renter agree that the forfeiture of the Retainer under Paragraph 20(c) is a not a penalty, but is an agreed reasonable estimation of the damages that would be incurred as a result of a Withdrawal without which RentLucky would not allow Renter to utilize the Services.
d. If Renter or any of Renter’s coapplicants, fail to fully execute a Lease within two business days (2) days after RentLucky emails Renter that Approval has occurred the Retainer will be forfeited to RentLucky as liquidated damages and this Agreement shall be terminated. Renter agree that the forfeiture of the Retainer under Paragraph 20(d) is a not a penalty, but is an agreed reasonable estimation of the damages that would be incurred as a result of a failure to fully execute a Lease Contract without which RentLucky would not allow Renter to utilize the Services.
e. If Renter or any of Renter’s coapplicants are Declined for renting a Residence after submitting an Application for that Residence then Renter and Renter’s coapplicants will receive a refund of the Retainer only within thirty (30) days after Renter received notification that Renter or any of Renter’s coapplicants were Declined. RentLucky, at RentLucky’s sole discretion, may refund the Retainer by a single check payable to all coapplicants and mailed to Renter or any other applicant. In the event an Renter or any of Renter’s co-applicants is Declined, or any other form of adverse action is taken against Renter or any of Renter’s coapplicants including but not limited to requiring an additional Retainer, a qualified guarantor, last month’s rent, or increased monthly rent, RentLucky shall provide an “Adverse Action Notice.” This Adverse Action Notice shall inform Renter and Renter’s coapplicants the basis for Denial, as well as providing contact information for Renter and Renter’s coapplicant(s) to obtain a copy of their background check. Renter explicitly agree that any information regarding any Denial may be shared with each and every one of Renter’s coapplicants.
21. Deadlines. If any deadline for signing, approving, or refunding under this Agreement occurs on a Saturday, Sunday, or a state or federal holiday, the deadline will be extended to the end of the next day that is not a Saturday, Sunday, or a state or federal holiday.
22. Effective Notification. Any notification RentLucky provides to Renter or any of Renter’s coapplicants is deemed to be a notice to Renter and all of Renter’s coapplicants. Any notice from Renter or any of Renter’s coapplicants is considered notice from Renter and all Renter’s coapplicants.
23. Keys. RentLucky will furnish keys and/or access devices to the Residence only after: (1) all Parties have executed Lease Contract (and other documents referenced in the Lease Contract) and (2) all applicable rents, security deposits, and other deposits have been paid in full and (3) other terms of this Agreement have been satisfied.
24. Reservation of Rights. RentLucky’s receipt of an Application does not bind RentLucky (i) to approve Renter or any of Renter’s coapplicants or (ii) execute any Lease. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, RENTER MAY BE DECLINED REGARDLESS OF WHETHER RENTER SIGNED A LEASE OR INTENT TO ENTER LEASE.
25. Disqualifying Convictions. We do not automatically exclude rental applicants based on criminal history. Any criminal history will be evaluated in consideration of when the crime occurred, what the underlying conduct entailed, and/or what the rental applicant has done since the conviction. However, certain types of criminal convictions may prevent Renter, or Renter’s co-applicants, from renting a Residential Property. IF RENTER OR RENTER’S COAPPLICANTS HAVE ANY CONVICTIONS ON RENTER’S/THEIR RECORD, PLEASE NOTE THAT YOUR APPLICATION MIGHT BE DENIED, DEPENDING ON THE CIRCUMSTANCES. ADDITIONALLY, DEPENDING ON THE CIRCUMSTANCES, AN OUTSTANDING CRIMINAL WARRANT OR TERROR RELATED ACTIVITY MAY RESULT IN DENIAL. FELONS WITH DRUG CONVICTIONS THAT ARE LESS THAN 7 YEARS OLD WILL BE DISQUALIFIED.
26. Section 8 Applicants. All Section 8 applicants are required to meet the same criteria as stated above, with the exception that the applicant only needs to meet income requirements for their portion of the rent.
27. International Students. International students will be required to pay an increased deposit. Proof of current college or university enrollment or current student visa will be required for valid verification. In addition, applicants that are new to the country will be required to pay a First and Increased deposit. Proof of income source or new job will be required.
28. Cosigners. Renter’s cosigner will be approved only if all the qualifications below are met, if the cosigner does not meet every one (1) of the following criteria then the cosigner will not qualify:
a. Rental History: One (1) year of valid and verifiable rental or mortgage history with no late payments
b. Credit History: At least four (4) accounts in good standing for one (1) year with less than five hundred dollars ($500) in derogatory credit
c. Employment: twelve (12) months with current employer or previous employment in same field of work
d. Income: three (3) times the rental amount of the unit in verifiable, garnishable income