• Landlord Services Service Agreement

    The undersigned, (herein referred to as End User) petitions Landlord Services, LLC for the use of its services upon the basis outlined in this contract. If accepted by Landlord Services as a member, End User agrees that the following shall constitute a service contract between the End User and Landlord Services. In order to obtain confidential consumer information, the undersigned (End User) and Landlord Services, LLC (Reseller) enter into the following agreement:
  • General Provisions

    1. End user is either a Rental Property Owner or Rental Property Manager and has a permissible purpose for obtaining consumer reports in accordance with the Federal Fair Credit Reporting Act (15 USC 168lb et seq.) including without limitation, all amendments thereto (“FCRA”). The end user certifies their permissible purpose is for a legitimate business need in connection with a business transaction that is initiated by the consumer, including but not limited to tenant screening.

    2. End User certifies that End User shall use the consumer reports: (a) solely for the End Users certified use and solely for the End User’s exclusive one-time use. End User shall not request, obtain or use consumer reports for any other purpose including, but not limited to, for the purpose of selling, leasing, renting or otherwise providing information obtained under this Agreement to any other party, whether alone, in conjunction with End User’s own data, or otherwise in any service which is derived from the consumer reports. The consumer reports shall be requested by, and disclosed by End user only to End User’s designated and authorized employees having a need to know and only to the extent necessary to enable End User to use the Consumer Reports in accordance with this Agreement. End User shall ensure that such designated and authorized employees shall not attempt to  obtain any Consumer Reports on themselves, associates, or any other person except in the exercise of their official duties.

    3. THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.

    4. End User will use the Consumer Report only for a 1-time use, hold the report in strict confidence and not disclose it to any third parties, provided that End User may, but is not required to; disclose the report to the subject of the report only in connection with an adverse action based on the report. Moreover, unless otherwise explicitly authorized in an agreement between Reseller and its End User for scores obtained from Trans Union or Equifax, or as explicitly otherwise authorized in advance and in writing by Trans Union or Equifax through Reseller, End User shall not disclose to consumers or any third party, any or all such scores provided under such agreement, unless clearly required by law.

    5. With just cause, such as violation of the terms of the End user’s contract or a legal requirement, delinquency in payment, or a material change in existing legal requirements that adversely affects the End User’s agreement, Reseller may, upon its election, discontinue serving the End User and cancel the agreement immediately.

    6. End User will request Scores only for End User’s exclusive use. End User may store Scores solely for End User’s own use in furtherance of End User’s original purpose for obtaining the Scores. End User shall not use the Scores for model development or model calibration and shall not reverse engineer the Score. All Scores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except (I) to those employees of End User with a need to know and in the course of their employment; (II) to those third party processing agents and other contractors of End User who have executed an agreement that limits the use of the Scores by  the third party to the use permitted to End User and contains the prohibitions set forth herein regarding model development, model calibration and reverse engineering and confidentiality; (III) when accompanied by the corresponding reason codes, to the consumer who is the subject of the Score;  (IV) to government regulatory agencies: or (v) as required by law.

    7. End User agrees to obtain written permission from the prospective applicant prior to obtaining a consumer report on that person and agrees to maintain copies of all written authorizations for a minimum of 5 years from the date of inquiry. Authorizations will be kept whether the applicant is accepted or denied.

    8. End User agrees to comply with all the provisions of the Fair Credit Reporting Act and all other applicable statutes (Local, State and Federal). End User acknowledges receipt of the form “Notice to Users of Consumer Reports: Obligations under the FCRA” and End User agrees to abide by said End User agrees that it shall defend, indemnify and hold Landlord Services, LLC, and its directors and all third party providers used, harmless from any and all claims, liability, costs or damages whatsoever arising out of or related to End User’s failure to comply with the requirements of the FCRA or related to the accuracy or use of the services or data provided under this agreement.

    9. End User agrees to provide an adverse action notice to consumer when adverse action is taken based in whole or in part on information contained in a consumer report.

    10. End User will maintain adequate security with reference to computer access and use of access codes, security passwords, consumer data and remote computer access capabilities to prevent unauthorized use and ensure confidentiality. End User will maintain anti-virus and firewall protection on the device being used to request credit reports. End user agrees to never release their access codes to any other person, pre-install electronically “remembered” account identifications or passwords and will  store all credit reports obtained in a locked area when not being used. End User will properly dispose of confidential data and credit reports obtained by shredding.

    11. End User will not disclose consumer information to any other person. In case the disclosure of such information leads to any claim or litigation, End User agrees to defend and hold Landlord Services, LLC, it’s consumer information suppliers and/or any of its affiliates, their employees and agents, harmless on account of any expense or damages arising out of end users or end user’s employees or agent’s breach of any of the terms herein or violation of any law applicable hereto. In no event will Landlord Services, LLC or its suppliers be held liable for any incidental or consequential damages, however arising. End user shall indemnify, defend and hold Landlord Services, LLC and its suppliers harmless from and against any and all costs and liabilities, including reasonable attorney’s fees, which may be asserted against Landlord Services, LLC based upon the improper use by end user of information furnished to end user. End User waives any and all claim or claims against Landlord Services, LLC or its suppliers out of or related to the accuracy of the Consumer Report, databases and records.

    12. Landlord Services, LLC shall not be liable in any manner whatsoever for any loss or injury to End User resulting from the obtaining or furnishing of consumer information supplied by its providers, third party services or any other source. Landlord Services does not guarantee the accuracy of such information, information being based upon reports obtained from sources considered by the Credit Bureaus, and all other sources, to be reliable. Under no circumstances whatsoever will Landlord Services, LLC be liable to End User for any damages, including but not limited to, any direct, indirect, incidental, exemplary or consequential damages, lost profits, or any other claims of End User or any third-parties, even if Landlord Services, LLC is expressly advised of such damages. End User assumes all risks associated with the use of the supplied information.

  • General Conditions

    1. End User certifies that it will request consumer reports pursuant to procedures prescribed by Landlord Services, LLC for the permissible purpose certified in this service application, and will use the reports obtained for no other reason. Landlord Services, LLC agrees to provide the named End User with a current Credit Report, Criminal Report or Eviction Report furnished by a third party, on specified subjects, for a fee upon request. End User agrees to pay upon receipt of billing for any processing fee and all reports or information requested by the End User, according to the schedule of charges now or subsequently established by Landlord Services.

    2. End User agrees to pay within 30 days of billing for all services rendered (including no record responses) by Landlord Services, LLC. Landlord Services, LLC reserves the right to have the End User pre-pay. If collection efforts are required, End User shall pay all costs of collection including reasonable attorney’s fees and costs. Statements unpaid after 30 Days may be assessed a late fee of $15.00. Continued non-payment may result in the accrual of interest to the account at a rate of 12% per year.

    3. Prior to releasing a consumer credit report, Landlord Services, LLC, is required by the credit bureaus to perform an inspection of commercial or home based offices, by a third party inspection company. Failure to pass this inspection will be grounds to terminate service. If End User’s physical location changes, End User agrees to notify Landlord Services, LLC within 30 days and to pay for an additional inspection.

    4. Landlord Services, LLC agrees to supply the End User with a basic criminal or eviction search provided by private databases provided by a third party. These databases may not represent 100% coverage of all criminal and eviction records in all jurisdictions and/or sources. Coverage details available upon request. Landlord Services, LLC cannot vouch for the accuracy of the findings or records of the search as it has no control over the records. End user understands and agrees that Landlord Services, LLC may only provide criminal and eviction search results and records dating back up to 10 years from the date of the inquiry. End User also understands that any records found under the same name that do not also have a matching date of birth and/or middle initial may not be returned to the End User. Landlord Services, LLC is not responsible for any action taken by the End User or consumer based on the information from the criminal or eviction background check. End User should use extreme caution when interpreting the results of a criminal and/or eviction background search for any type of personal verification.

    5. Landlord Services, LLC agrees to provide the End User with a current Credit Report, Criminal Report and/or Eviction report furnished by a third party, on specified subjects, for a fee upon request. End User agrees to pay upon receipt of billing for any processing fee and all reports or information requested by the End User, according to the schedule of charges now or subsequently established by Landlord Services, LLC.

    6. Landlord Services, LLC cannot offer legal advice on how to use the information returned from the credit, criminal and/or eviction background check. Landlord Services, LLC is not responsible for any action taken by the End User based on the information from the credit, criminal and/or eviction background check.  End User should use extreme caution when interpreting the results of a background search for any type of personal verification.

    7. End User agrees to pay Landlord Services, LLC a $70.00 processing fee for service prior to account being activated.

    8. I, the undersigned (End User) confirm that all information stated above and in the attached documents, is true and correct to the best of my knowledge. In addition, I accept and agree to the terms and conditions of the Service agreement, which I have completed and included  with this application form. I understand that Landlord Services, LLC may deny providing service until such time as this Application for Service, Service Agreement and Bank &Vendor Authorization form have been fully completed and approved by Landlord Services, LLC. The End User specifically authorizes Landlord Services, LLC to obtain a personal credit report on the End User.

  • Fair Credit Reporting Act

    The Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681y, requires that this notice be provided to inform users of consumer reports of their legal obligations. State law may impose additional requirements. The text of the FCRA is set forth in full at the Consumer Financial Protection Bureau's Website at www.consumerfinance.gov/learnmore. At the end of this document is a list of United States Code citations for the FCRA. Other information about user duties is also available at the Bureau's Web site. Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA.

    The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports. The subsequent sections discuss the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the legal consequences of violations. If you are a furnisher of information to a consumer reporting agency (CRA), you have additional obligations and will receive a separate notice from the CRA describing your duties as a furnisher.

    I. OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS

    A. Users Must Have a Permissible Purpose

    Congress has limited the use of consumer reports to protect consumers' privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 contains a list of the permissible purposes under the law. These are:

    • As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
    • As instructed by the consumer in writing. Section 604(a)(2)
    • For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer's account. Section 604(a)(3)(A)
    • For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Sections 604(a)(3)(B) and 604(b)
    • For the underwriting of insurance as a result of an application from a consumer. Section 604(a)(3)(C)
    • When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section 604(a)(3)(F)(i)
    • To review a consumer's account to determine whether the consumer continues to meet the terms of the account. Section 604(a)(3)(F)(ii)
    • To determine a consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status. Section 604(a)(3)(D)
    • For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or prepayment risks associated with an existing credit obligation. Section 604(a)(3)(E)
    • For use by state and local officials in connection with the determination of child support payments, or modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5)

    In addition, creditors and insurers may obtain certain consumer report information for the purpose of making "prescreened" unsolicited offers of credit or insurance. Section 604(c). The particular obligations of users of "prescreened" information are described in Section VII below.

    B. Users Must Provide Certifications

    Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA) unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose.

    C. Users Must Notify Consumers When Adverse Actions Are Taken

    The term "adverse action" is defined very broadly by Section 603. "Adverse actions" include all business, credit, and employment actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA – such as denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer.

    1. Adverse Actions Based on Information Obtained From a CRA

    If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following:

    • The name, address, and telephone number of the CRA (including a toll-free telephone number, if it is a nationwide CRA) that provided the report.
    • A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made.
    • A statement setting forth the consumer's right to obtain a free disclosure of the consumer's file from the CRA if the consumer makes a request within 60 days.


    A statement setting forth the consumer's right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA.

    2. Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting Agencies

    If a person denies (or increases the charge for) credit for personal, family, or household purposes based either wholly or partly upon information from a person other than a CRA, and the information is the type of consumer information covered by the FCRA, Section 615(b)(1) requires that the user clearly and accurately disclose to the consumer his or her right to be told the nature of the information that was relied upon if the consumer makes a written request within 60 days of notification. The user must provide the disclosure within a reasonable period of time following the consumer's written request.

    3. Adverse Actions Based on Information Obtained From Affiliates

    If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse action. The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon by making a written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the user must disclose the nature of the information not later than 30 days after receiving the request. If consumer report information is shared among affiliates and then used for an adverse action, the user must make an adverse action disclosure as set forth in I.C.1 above.

    D. Users Have Obligations When Fraud and Active Duty Military Alerts are in Files

    When a consumer has placed a fraud alert, including one relating to identity theft, or an active duty military alert with a nationwide consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes limitations on users of reports obtained from the consumer reporting agency in certain circumstances, including the establishment of a new credit plan and the issuance of additional credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable policies and procedures in place to form a belief that the user knows the identity of the applicant or contact the consumer at a telephone number specified by the consumer; in the case of extended fraud alerts, the user must contact the consumer in accordance with the contact information provided in the consumer's alert.

    E. Users Have Obligations When Notified of an Address Discrepancy

    Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify users that request reports when the address for a consumer provided by the user in requesting the report is substantially different from the addresses in the consumer's file. When this occurs, users must comply with regulations specifying the procedures to be followed, which will be issued by the Consumer Financial Protection Bureau and the banking and credit union regulators. The Consumer Financial Protection Bureau's regulations will be available at www.consumerfinance.gov/learnmore.

    F. Users Have Obligations When Disposing of Records

    Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing this information. The Consumer Financial Protection Bureau, the Securities and Exchange Commission, and the banking and credit union regulators have issued regulations covering disposal. The Consumer Financial Protection Bureau's regulations may be found at www.consumerfinance.gov/learnmore.

    LIABILITY FOR VIOLATIONS OF THE FCRA

    Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619.

  • The person signing below has direct knowledge of the facts certified.

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