Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "Owner," or "You") and HomeNest Rental Management Services, Inc. ("HomeNest," "Company," "We," or "Us"). These Terms apply to all services, software platforms, portals, and communications provided by HomeNest.

By signing a Property Management Agreement or creating an account on our platform, you confirm that you are at least 18 years of age and legally authorized to enter into binding agreements. If you are representing a business or entity, you warrant that you have the authority to bind such entity to these Terms.

2. Definitions

• "Managed Property" refers to any residential real estate, building, or unit entrusted to HomeNest for management under a signed agreement.
• "Tenant" refers to any individual or household occupying a Managed Property under a lease agreement facilitated by HomeNest.
• "Management Fee" refers to the percentage or fixed amount charged for ongoing property management services.
• "Portal" refers to HomeNest’s secure online platform used for financial reporting, maintenance requests, and communication.

3. Property Management Services

HomeNest provides comprehensive residential rental management services, which may include but are not limited to:

• Marketing and leasing assistance
• Tenant screening, placement, and lease execution
• Rent collection and financial reporting
• Routine property inspections and maintenance coordination
• 24/7 emergency response management
• Legal compliance and eviction support (where applicable)

Specific services provided will be detailed in your individual Property Management Agreement. HomeNest acts as an agent of the Client and does not assume ownership or title of any Managed Property.

4. Fees & Payment Terms

Fees are outlined in your signed Management Agreement and may include:

• Monthly Management Fee: Charged as a percentage of collected rent or a fixed rate.
• Leasing Fee: Charged upon successful tenant placement.
• Maintenance Markups: Where applicable, a reasonable administrative fee may be added to maintenance invoices over a specified threshold.
• Late Fees & Bouncing Checks: Assessed per local regulations and passed through to the Client, where permitted.

Invoices are generated monthly and payable within 15 days. HomeNest reserves the right to suspend services or pursue collection actions for unpaid fees. All fees are non-refundable unless otherwise specified in writing.

5. Client Obligations

As a Client, you agree to:

1. Provide accurate property information, insurance documentation, and financial access as required.
2. Ensure the Managed Property meets all local habitability and safety codes prior to leasing.
3. Authorize maintenance expenses up to agreed limits; HomeNest will seek approval for costs exceeding these thresholds.
4. Respond promptly to urgent communications, maintenance approvals, and legal notices.
5. Maintain valid landlord insurance and liability coverage throughout the management term.

6. Tenant Screening & Placement

HomeNest will conduct thorough tenant screening, including credit checks, criminal background verification, employment/income validation, and rental history references. Screening criteria comply with Fair Housing Laws and local regulations. HomeNest provides screening recommendations but final tenant approval rests with the Client, unless delegated in the Management Agreement.

7. Maintenance & Inspections

HomeNest coordinates and oversees routine and emergency maintenance. We utilize a network of licensed, insured, and vetted contractors. While we strive for timely and cost-effective repairs, HomeNest does not guarantee the quality, pricing, or performance of third-party vendors. Routine inspections (quarterly/semi-annual) will be conducted with proper notice to tenants, and reports will be uploaded to the Portal.

8. Limitation of Liability & Indemnification

HomeNest’s services are advisory and administrative in nature. We do not guarantee rental income, occupancy rates, or property appreciation. To the fullest extent permitted by law, HomeNest shall not be liable for indirect, incidental, or consequential damages arising from property management services, tenant behavior, or force majeure events.

Client agrees to indemnify, defend, and hold harmless HomeNest, its officers, employees, and contractors from any claims, losses, or damages arising from the Client’s failure to maintain the property, provide required insurance, or comply with applicable laws.

9. Termination

Either party may terminate the Management Agreement with 30 days written notice, unless otherwise stipulated in the contract. Upon termination, HomeNest will transition all property records, tenant files, and security deposits to the Client within 14 days. Outstanding fees, unpaid rent, and authorized maintenance costs must be settled before account closure. HomeNest reserves the right to terminate services immediately for illegal activity, fraud, or repeated non-payment.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to conflict of law principles. Any disputes arising under these Terms shall first be submitted to good-faith mediation. If unresolved, disputes shall be settled in state or federal courts located within the jurisdiction. Both parties waive the right to a jury trial where permitted by law.

11. Changes to Terms

HomeNest reserves the right to modify these Terms at any time. Material changes will be communicated via the Portal, email, or posted notice. Continued use of services following updates constitutes acceptance of the revised Terms. The date of the most recent update will be indicated at the top of this page.

12. Contact Information

For questions regarding these Terms of Service, property management inquiries, or legal notices, please contact us at:

HomeNest Rental Management Services
📍 123 Property Lane, Suite 100, City, State, ZIP
📞 (555) 123-4567
✉️ legal@homenest.com
🕐 Monday – Friday: 9:00 AM – 6:00 PM (EST)

By using our services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service.