AGREEMENT
This listing agreement states the terms by which the undersigned engages The Apartment People Group, a team of Compass Inc, a licensed real estate brokerage, in the State of Illinois, to act as broker to advertise and promote your apartment to potential tenants. By requesting us to advertise and promote the apartment, you agree to the following terms. Definitions in this agreement, “we” or “us” or “our” and “The Apartment People Group” or “Apartment People” means The Apartment People/Compass Inc. “You,” “yours,” “landlord” or “owner” means the person requesting our services. “Apartment” means any residential unit (whether a unit in a multi-unit building or a single-family residence) for which you request our services at any time. The date of this agreement is the date on which you first request our services.
Services: You requested the services of The Apartment People Group in finding a tenant to lease the above-described apartment. This is a nonexclusive listing agreement. There is no fee due to The Apartment People Group if you are independent and without the assistance of The Apartment People Group or another licensed Real Estate Professional, procure a tenant providing you give notice to us within 24 hours of offering an apartment to such person. The Apartment People Group is not limited to showing a prospective tenant your apartment and may show any prospective tenant any apartment offered by any landlord.
Commission: If The Apartment People Group presents any applicant/tenant who signs a lease or otherwise leases or occupies the apartment, you shall pay The Apartment People Group, as commission for its services, an amount equal to one month’s rent. Rent for the purpose of calculating the commission shall be one month’s rent plus any monthly parking and pet fees. Any rent allowance, promotion, or incentive such as “first month free” shall not be considered commission.
Fees for other Services: In addition to commission, we may charge for other services, such as but not limited to providing a form lease or other services in connection with having the lease executed, coordinating, obtaining and execution of condominium documents.
Lien on Payments: To secure its commission and fees, The Apartment People Group has a security interest in any payment received by us from the prospective tenant for any purpose. Any rent, earnest money or other monies received by The Apartment People Group from the tenant may at its option be retained by The Apartment People Group toward satisfaction of the amounts due. The fee is earned and due upon the first to occur of the tenant’s occupying the apartment and the tenant’s signing the lease. The fee is non- refundable. If you fail to pay the fee, you shall be responsible for, in addition to any amounts due, interest 12% annum and all costs of collection, including reasonable attorney’s fees incurred by The Apartment People Group in connection with the collection of the amounts due.
Indemnity: Owner shall indemnify and hold The Apartment People Group harmless against all claims, liability damage, or loss, including attorney’s fees, arising from this agreement or our services provided hereunder, except those due to the negligence or misconduct of The Apartment People Group and any incorrect information supplied by Owner, any facts known to Owner relating to adverse conditions, latent defects, and any violation of any applicable law and any ordinance of any municipality having jurisdiction.
Authority to Advertise: You authorize The Apartment People Group to advertise and promote the apartment in the manner and for the duration, which in our sole and absolute judgment we deem advisable. The Apartment People Group may cease advertising or promoting the apartment at any time and makes no representation as to how it will undertake its advertising or promotion or the duration of such efforts. The Apartment People Group is acting as an independent contractor, and nothing contained in this agreement or in the relationship between The Apartment People Group and owner shall be deemed to create a partnership, joint venture, agent/principal relationship, or other relationship between Owner and The Apartment People Group other than as described herein.
Selection of Tenant: The selection of tenants and the decision to offer a lease to or accept a tenant is solely that of the Owner. The Apartment People Group will submit to you all applications for such apartment that we receive, without limitation. The submission by The Apartment People Group of a prospective tenant is not a recommendation or confirmation of prospective tenant’s application, information, creditworthiness, or character. Owner must accept or reject the application of any prospective tenant referred by The Apartment People Group in a timely manner, at its sole discretion, subject to non-discrimination laws.
Term of Agreement: The term of this agreement is for a period of one (1) year from the date of this agreement. Additional submissions: The submission by Owner of additional rental units to The Apartment People Group will renew, extend, or reinstate this agreement for as long as the property is listed. Any listing hereafter submitted to The Apartment People Group by the Owner shall be subject to the terms of this agreement.
Landlord’s Representations: In executing this agreement, Owner acknowledges reviewing the agreement and the information specific to the rental properties above; agrees to accept responsibility for the accuracy of this information; attests that he or she is owner or authorized agent and has full authority to execute this contract and understands The Apartment People Group is not responsible for custody or condition of the property or for its management, maintenance, upkeep, or repair. You are the owner of an apartment or the agent of the owner or are the manager of the apartment. You warrant to us that you have authority to offer a lease of the apartment. Form Lease and Lease Services. At your request, The Apartment People Group may provide you with a form of apartment lease. The lease form is one of the apartment leases that is used in the Chicago area and is published by the Chicago Association of Realtors. You may choose to use this lease form or any other apartment lease. The Apartment People Group cannot recommend one form over another. We cannot answer any questions concerning the terms of leases. We recommend that you obtain legal advice concerning the terms of the apartment lease you use. We furnish the lease form as a convenience. We cannot advise as to its legality, legal effect or whether it conforms to the requirements of the City of Chicago’s Residential Landlord and Tenant Ordinance and regulations or any other legal requirements. If you choose to use this (or any other) form, at our full discretion we may fill in the address, a landlord and tenant names, monthly rent and lease dates. If you request that we fill in all blanks contained in the lease, you do so at your risk. It is the landlord’s responsibility to check for any error or omission or legal requirement(s). Your use of the lease is your acknowledgement that it is correct and legal in all respects. When complete, you can sign the lease and send it to the tenants to execute or request that we send out on your behalf.
FAIR HOUSING: I am fully aware of the agreement between myself and The Apartment People/Compass. I am aware of all federal, state, and local fair housing laws that I am bound to after reviewing this application.
COOK COUNTY COMMISSION ON HUMAN RIGHTS:). Additional information and procedural rules may be obtained from the Cook County Commission on Human Rights: https://www.cookcountyil.gov/agency/commission-human-rights-0. The Commission may also be contacted at their office, located at 69 W. Washington Street, Suite 3040 Chicago IL 60602, or via telephone at 312-603-1100.
As the owner, landlord, property manager, agent for landlord and or representative, I am agreeing to the terms of the listing agreement I signed when I hired The Apartment People Group to show this property to ALL potential prospects in the hopes of procurement of my next tenant. Both parties are aware that by agreeing to this TOA I am in no way obligated to this, these, applicant(s)
INDEMNIFICATION: Landlord agrees to defend, indemnify and hold The Apartment People Group and/or their designated agent harmless from ALL claims, disputes or litigation which include all judgments, loss, damage, cost or expense, including attorney’s fees arising out of this Contract, or the collection of fees or commissions due Broker pursuant to the terms and conditions of this Contract or arising out of any misstatements or misinformation provided by Landlord to Agent, Landlord to Renter/Tenant during, negotiations, post or prior an approval of a lease agreement being executed. The Apartment People Group reserves the right at any time to hire and retain its own council to defend or recoup losses should they feel necessary.
FAILURE TO COMPLY: If the Landlord fails to give proper notice to The Apartment People Group in regard to the availability of the property the landlord agrees to the sum of $195 reimbursement fee for cost incurred to The Apartment People Group. This is not a penalty as The Apartment People/Compass. This is for our unexpected loss and the need to refund in full potential renters that have paid application fees to a third party for presenting a listing that you were knowingly marketing that was no longer available. This amount was determined as a fair and reasonable fee for failure to comply with the terms signed when the listing was taken.
FEE FOR SERVICE: The Apartment People Group will earn their fee on all approved applicants. Our fee can be collected at time of application for convenience purposes and will be considered the first FULL month’s rent of the new applicant’s tenancy. Pro-rated rent in cases when a lease starts in the middle of the month can either be collected at time of lease signing or on the 1st day of the following calendar month. This is at the landlord’s discretion. This fee is equal to a month’s rent and is not based in any way on the length or term of the lease. This is a fee for finding and procuring a tenant. The Apartment People Group does NOT hold, collect, or deposit any type of security deposit on behalf of any landlord. The Apartment People Group does not own or manage any properties that we show to the general public. The Apartment People Group is a screening and Marketing service that assists landlords in filling vacancies.
LEASES: The Apartment People Group does not draft, advise, or execute leases for landlords. Landlords should always seek out legal counsel for any questions in regard to documents and laws when it comes to execution of leases. The Apartment People Group at their discretion can assist in faxing, emailing, or obtaining signatures for lease provided by the landlord however the landlord is responsible in providing The Apartment People Group or their designated agent with the form that they would like to use. Security deposits, pet deposits, parking deposits, etc. must be paid directly to the landlord or owner of the property.
The agreement The Apartment People Group has with its individual agents is private and will not affect in any way the outcome of this application. By submitting this form, I agree that I have not adjusted publicly or privately my rental price of this property. I have hired The Apartment People Group to show and advertise my property, screen potential renters, and assist with administrative services. I am aware that this is unethical practice and may result in termination and any future dealings with The Apartment People Group or affiliates of.
The Apartment People Group complies with ALL State, Federal and local fair housing laws. Your use of this form indicates your understanding of this agreement with these terms.