Conditions for Refunding Your Security Deposit Before You Move In
I. Definitions
The terms, “Litavis” and “Management Company” shall mean Litavis, LLC. The terms, “Client” and “Customer” refer to the person or persons that entering into a business relationship with Litavis. The term, “Party” shall refer to either Litavis or Client. The term “Parties” shall refer collectively to Litavis and Client. The term “Affiliate” means any entity directly or indirectly controlling, controlled by or under common control with a party as of the date of this Agreement, e.g., a subsidiary, sister or parent corporation as well as any family member, friend, coworker, acquaintance, colleague, boss, employee, or any third-party individual or entity known directly or indirectly by either Party. The term “Representatives” refers to the directors, officers, employees, agents or other Representatives, including, without limitation, attorneys, contractors, accountants, consultants, investment bankers, financial advisors and lenders of either Party. This Agreement sets forth the terms and conditions that apply to your access and use of Litavismanagement.com, mobile App, and services that may be offered (“Litavis Service(s)” or “Services”) as owned and operated by Litavis, LLC., its subsidiaries, Affiliates, Representatives, any and all third parties used by Litavis, LLC for the purposes of executing this Agreement between you and Litavis, LLC. The term, “Litavis” shall mean Litavis, LLC. Litavismanagement.com, services offered as owned and operated by Litavis, LLC; the subsidiaries, Affiliates, Representatives, any and all third parties used by Litavis, LLC for the purposes of executing this Agreement between you and Litavis, LLC. The terms “Litavis Management,” “Litavis Home Services,” and “Litavis Tenant Alliance” shall also mean “Litavis, LLC”. The term “Litavis Home” shall mean “Litavis Home, LLC”. “Litavis®,” “Litavis Tenant Alliance®,” “Litavis Management®,” “Litavis Home Services®,” and “Litavis Home®” are all registered trademarks of Litavis, LLC. As used in this Agreement, the term "Site" includes all Litavis Services websites, pages that are associated with or within each website and all devices, applications or services that Litavis operates or offers that link to this Agreement. The term “you,” “your,” or “User” refers to a Visitor, Member, Client, Subtenant, Prospective Subtenant, or Customer. The term “we” refers to Litavis. The term “Lessee” refers to the person with whom a landlord, property manager, management company, or real property owner signs a lease agreement. “Lessee Agreement” shall mean the written agreement between Lessee and Litavis. The term, “Owner” shall mean the owner of the building and/or any individual or company contracted by the owner of the building for the purposes of the administration and management of the building. The term, “Premises” shall mean the address of the apartment both including and excluding the unit number of where Client has expressed interest in residing. The term “Security Deposit” shall mean the total amount of all monies owed to Litavis and any other party, including but not limited to, real property owner, property manager, or management company. The term “Security Deposit” shall mean the total amount of all monies owed to Litavis and any other party, including but not limited to, real property owner, property manager, or management company as provided to and agreed to by Client. The term “Move-in Date” shall mean the calendar date that Client may physically move you and your possessions into the Premises. The term, “Move-in Month” shall mean the calendar month of your Move-in Date. The term “Total” shall mean the total amount of all monies owed to Litavis each month as written in the Application. The terms, “electronically”, “electronic”, and “by electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities (such as the Internet, mobile or cellular technologies.
II. Security Deposit Amount.
The amount of the Security Deposit shall be the amount for which both Client and Litavis have already agreed and was provided to Client in either physical or electronic written communication by either Litavis or by Lessee. The amount of Client’s Security Deposit shall include the proportional amount of all security deposits required by Owner as well as the proportional amount of all security deposits required by Litavis and any of Litavis’s subsidiaries, Affiliates, Representatives, and third parties with which Litavis has a business relationship as per the Lessee Agreement. Client understands and agrees that Client’s Total is dependent upon several factors including the Lessee Agreement which may include services and rentals provided to the Premises.
III. Conditions
Please note that the conditions of a
refund to your Security Deposit listed within the section only apply to
refunding your Security Deposit prior to, or within the first week after,
you move into the Premises. You will find the conditions regarding the refund
of your Security Deposit once you move out of the Premises when you sign your
lease or sublease.
If you have not moved into the Premises and change your mind about living at the Premises and have already paid Litavis a Security Deposit then Litavis shall refund your Security Deposit according to the following conditions:
<![if !supportLists]>1 <![endif]>Securing the Room Prior to the First (1st) of the Move-In Month. Unless otherwise agreed to in writing, the full amount of the Security Deposit is required, prior to the first (1st) of the month of the same month that is your Move-in Date of the room for you to move in to the Premises.
<![if !supportLists]>2 <![endif]>If You Send the Security Deposit Before the First (1st) of the Move-In Month.
<![if !supportLists]>2.1.1 <![endif]>you have informed Litavis of your decision not to move into the Premises no less than 30 days of your Move-in Date then you shall receive a full refund.
<![if !supportLists]>2.1.2
<![endif]>you have informed Litavis of your decision
not to move into the Premises no less than 21 days of your Move-in Date then
you shall receive a refund equal to ninety percent (90%) of the amount of your
Security Deposit that you had already paid to Litavis;
<![if !supportLists]>2.2 <![endif]>If you pay / paid at least eighty percent (80%) of the Security Deposit to Litavis twenty-one between (21) days and thirty (30) days prior to the first (1st) of your Move-in Month of the room and
<![if !supportLists]>2.2.1
<![endif]>you have informed Litavis of your decision
not to move into the Premises within forty-eight (48) hours of the time
you paid the deposit and no less than fourteen (14) days prior to the first
(1st) of the month of the same month that is your Move-in Date of the room then
you will receive a full refund of the amount of your Security Deposit that you
had already paid to Litavis;
<![if !supportLists]>2.2.2
<![endif]>you have informed Litavis of your decision
not to move into the Premises after forty-eight (48) hours of the time you
paid the deposit and no less than nineteen (19) days prior to the first (1st)
of the month of the same month that is your Move-in Date of the room then you
will receive a refund equal to ninety percent (90%) of the amount of your
Security Deposit that you had already paid to Litavis;
<![if !supportLists]>2.2.3
<![endif]>you have informed Litavis of your decision
not to move into the Premises no less than fourteen (14) days prior to the
first (1st) of the month of the same month that is your Move-in Date of the
room then you will receive a refund equal to sixty percent (60%) of the amount
of your Security Deposit that you had already paid to Litavis;
<![if !supportLists]>2.2.4 <![endif]>you have informed Litavis of your decision not to move into the Premises no less than ten (10) days prior to the first (1st) of the month of the same month that is your Move-in Date of the room then you will receive a refund equal to fifty percent (50%) of the amount of your Security Deposit that you had already paid to Litavis;
<![if !supportLists]>2.2.5
<![endif]>you have informed Litavis of your decision
not to move into the Premises no less than seven (7) days prior to the first
(1st) of the month of the same month that is your Move-in Date of the room then
you will not be eligible for refund of any amount.
<![if !supportLists]>2.3 <![endif]>If you pay / paid at least eighty percent (80%) of the Security Deposit to Litavis between twenty-one (21) and fourteen (14) days (including the 14th day) prior to the first (1st) of the month of the same month that is your Move-in Date of the room and
<![if !supportLists]>2.3.1 <![endif]>you have informed Litavis of your decision not to move into the Premises within twenty-four (24) hours of the time you paid the deposit and no less than fifteen (15) days prior to the first (1st) of the month of the same month that is your Move-in Date of the room then you will receive a full refund of the amount of your Security Deposit that you had already paid to Litavis;
<![if !supportLists]>2.3.2
<![endif]>you have informed Litavis of your decision
not to move into the Premises after twenty-four (24) hours of the time you
paid the deposit and no less than fifteen (15) days prior to the first (1st) of
the month of the same month that is your Move-in Date of the room, then you
will receive a refund equal to eighty percent (80%) of the amount of your
Security Deposit that you had already paid to Litavis;
<![if !supportLists]>2.3.3 <![endif]>you have informed Litavis of your decision not to move into the Premises between fourteen (14) and twelve (12) days (not including the twelfth [12th] day) prior to the first (1st) of the month of the same month that is your Move-in Date of the room, then you will receive a refund equal to two-thirds (2/3) of the amount of your Security Deposit that you had already paid to Litavis;
<![if !supportLists]>2.3.4 <![endif]>you have informed Litavis of your decision not to move into the Premises between twelve (12) and seven (7) days (not including the seventh [7th] day) prior to the first (1st) of the month of the same month that is your Move-in Date of the room, then Litavis shall be entitled to half (½) of the full amount of the Security Deposit, regardless of how much you have already paid to Litavis and Litavis shall refund you the remaining amount;
<![if !supportLists]>2.3.5 <![endif]>you have informed Litavis of your decision not to move into the Premises seven (7) or fewer days prior to the first (1st) of the month of the same month that is your Move-in Date of the room then you will not receive any refund.
<![if !supportLists]>2.4 <![endif]>If you pay / paid at least eighty percent (80%) of the Security Deposit to Litavis between fourteen (14) days and seven (7) days (not including the seventh [7th] day) prior to the first (1st) of the month of the same month that is your Move-in Date of the room and
<![if !supportLists]>2.4.1 <![endif]>you have informed Litavis within twenty-four (24) hours after sending Litavis your Security Deposit decision not to move into the Premises then you shall receive a full refund;
<![if !supportLists]>2.4.2 <![endif]>you have informed Litavis of your decision not to move into the Premises, after twenty-four (24) hours after sending Litavis your Security Deposit, and less than seven (7) days (not including the seventh [7th] day) prior to the first (1st) of the month of your Move-in Date, then Litavis shall be entitled to half (½) of the full amount of the Security Deposit, regardless of how much you have already paid to Litavis and Litavis shall refund you the remaining amount;
<![if !supportLists]>2.4.3 <![endif]>you have informed Litavis, after sending Litavis your Security Deposit, of your decision not to move into the Premises seven (7) or fewer days prior to the first (1st) of the month of the same month that is your Move-in Date of the room then you will not be eligible for a refund.
<![if !supportLists]>2.5 <![endif]>If you pay / paid at least eighty percent (80%) of the Security Deposit to Litavis seven (7) or fewer days prior to the first (1st) of the month of the same month that is your Move-in Date of the room and
<![if !supportLists]>2.5.1 <![endif]>if you inform Litavis about your decision not to move into the Premises within twenty-four (24) hours of sending Litavis your Security Deposit, then you will receive a refund of one half (½) of the amount of your Security Deposit that you had already paid to Litavis;
<![if !supportLists]>2.5.2 <![endif]>if you inform Litavis about your decision not to move into the Premises after twenty-four (24) hours of sending Litavis your Security Deposit but before four (4) days prior to the first (1st) of the month of the same month that is your Move-in Date, then Litavis shall be entitled to seventy-five percent (75%) of the full amount of the Security Deposit, regardless of how much you have already paid to Litavis and Litavis shall refund you the remaining amount.
<![if !supportLists]>2.5.3 <![endif]>if you inform Litavis about your decision not to move into the Premises after four (4) or fewer days prior to the first (1st) of the month of the same month that is your Move-in Date, then you will not be eligible for a refund.
<![if !supportLists]>2.6 <![endif]>If you pay / paid less than eighty percent (80%) of the Security Deposit to Litavis then you have not secured the room and Litavis may continue to look for an alternative candidate.
<![if !supportLists]>2.6.1 <![endif]>If Litavis finds an alternate candidate before the first (1st) of the Move-in Month then you shall be entitled to a full refund.
<![if !supportLists]>2.6.2 <![endif]>If Litavis does not find an alternate candidate before the first (1st) of the Move-in Month then you will have twenty-four (24) hours to pay the full remaining amount of the Security Deposit, after which time you to move in to the Premises.
<![if !supportLists]>2.6.2.1 <![endif]>Unless otherwise agreed to in writing, if you do not pay the remaining amount due on your Security Deposit within twenty-four (24) hours then you will not be eligible for a refund of any amount and you may not move in to the Premises
<![if !supportLists]>3 <![endif]>Securing the Room After the First (1st) of the Move-In Month. Although it is rare, sometimes people move in after the first of the month.
<![if !supportLists]>3.1 <![endif]>If you have sent Litavis at least fifty percent (50%) of the Security Deposit after the first (1st) of the month of the same month that is your Move-in Date of the room and
<![if !supportLists]>3.1.1 <![endif]>if you inform Litavis about your decision not to move into the Premises within twenty-four (24) hours of sending Litavis your Security Deposit, then Litavis shall be entitled to half (½) of the full amount of the Security Deposit, regardless of how much you have already paid to Litavis;
<![if !supportLists]>3.1.2 <![endif]>if you inform Litavis about your decision not to move into the Premises after twenty-four (24) hours of sending Litavis your Security Deposit, then you shall not be eligible for a refund of any amount.
<![if !supportLists]>3.2 <![endif]>Unless otherwise agreed to in writing, the full amount of the Security Deposit is required, within one week after moving in to the Premises. Failure to pay the full amount of the Security Deposit within one week after moving in to the Premises may result penalties and/or fees, you may lose some or all of the deposit amount for which you already have paid, and you may be required to vacate the Premises by the end of the calendar month. Litavis shall be entitled to half (½) of the full amount of the Security Deposit, regardless of how much you have already paid to Litavis.
<![if !supportLists]>4 <![endif]>Method of Refund. Unless otherwise agreed to between Litavis and Client, any refund to Client shall be via bank check. Client agrees that Client is responsible for providing a valid address to Litavis for receipt of the check.
IV. Agreement
By paying any amount of the Security
Deposit to Litavis or Lessee, (i) you affirm that you have read these conditions
in full and you understand and agree that you will be bound by its terms; (ii) you affirm that the amount of the Security Deposit
is correct and acknowledge that you had ample time to change or cancel the
deposit, as detailed within this Agreement, and chose not to; (iii) you
acknowledge, understand, and accept that the Security Deposit is the cumulative
amount required by several entities which may include, Litavis, Owner, Litavis’s Representatives, Litavis’s
Affiliates and any other third-parties with which Litavis has a business
relationship; (iv) you affirm that you understand that the conditions outlined
and explained within this page only pertains to your Security Deposit before
you sign your agreement (contract) with Litavis and that the terms and
conditions within that agreement regarding your Security Deposit will supersede
the terms put forth here.