It is understood that the Premises is to be used as a residence to be occupied by not more than ___ persons, and that occupancy is subject to possession being delivered by present occupant. An application fee in the sum of $_______, received on _________________, is being held by __________________________with the clear understanding that the acceptance of said fee in no way obligates the Landlord to offer a lease to Applicant, and that this Application, including each prospective Applicant, is subject to approval and acceptance by Landlord. Applicant hereby authorizes Landlord to obtain information it deems desirable in the processing of this application including: contacting references and prior landlords, credit reports, civil or criminal records, rental history, employment/salary details, police and vehicle records, and any other relevant information, and Applicant hereby releases the Landlord, its agents and/or employees from all liability for any damage whatsoever incurred in furnishing or obtaining such information. In accordance with the Fair Credit Reporting Act (15 U>S.C. §1681d(b) and Maryland Code § 14-1204, Applicant is hereby advised that he or she has the right within a reasonable time following application to make a written request for a complete and accurate disclosure of the nature and scope of the investigation conducted in connection with this Application. In compliance with Federal and State laws, if this Application is denied in whole or in part based upon information received in an investigative consumer report. Landlord will so notify Applicant and provide all information required by applicable laws. Upon approval of this Application, the Applicant agrees to execute a lease before possession is given, and to pay any balance due for the security deposit and the first month’s rent, within five (5) days after being notified of acceptance. In the event Applicant fails to execute a lease agreement and pay said fees within five (5) calendar days after notification of Landlord’s acceptance and approval of this Application, the Application shall automatically be deemed withdrawn and the Landlord shall be free to rent the Premises to another party without any liability whatsoever to Applicant.
Pursuant to Section 8-213, entitled “Applications for lease; deposits,” of the Real Property Article, Annotated Code of Maryland, 1996, as amended, if the Landlord requires from a prospective tenant any fee other than a security deposit and the fee exceeds $25.00, then the Landlord must return the fee, subject to the exceptions below, or be liable to the prospective tenant for twice the amount of the fee in damages. The fee must be returned not later than 15 days following the date of occupancy or the written communication, by either party to the other, of a decision that no tenancy will occur.
The Landlord may retain only that portion of the fee expended for a credit check or other expenses arising out of the application, and must return that portion of the fee not expended on behalf of the tenant making application. If a tenant decides to terminate the tenancy within 15 days of occupancy or the signing of a lease, whichever occurs first, the Landlord may retain also that portion of the fee which represents the loss of rent, if any, resulting from the tenant’s action.
Nothing contained herein shall be deemed to create any liability on the part of the Landlord for failure to deliver the Premises on the beginning date specified herein above. In the event of a delay in the delivery of possession, the monthly rent stipulated herein shall be abated on a pro-rata daily basis until such time as the Applicant/lessee could have taken possession of the Premises. If however, Landlord is unable to deliver possession of the Premise to Applicant/lessee on the beginning date specified, either party may terminate this Application and/or the lease upon written notice given to the other party prior to the delivery of possession.
Applicant agrees and affirms that all of the information and all of the questions on this Application have been fully and honestly answered; (b) that the answers set forth herein are complete, true, and correct; and (c) that Applicant has not failed to disclose any information which, if disclosed, might tend to cause Landlord to consider this application less favorably. Applicant agrees that in the event any information or representation contained herein is found to be inaccurate, Landlord has the right to deny the Application or to terminate any lease agreement entered into with Applicant based upon the information contained in this Application.
