Terms of Service

Deposit Agreement

1. I, the Tenant, am hereby placing a $500 deposit on the apartment at the address, and with the terms and details listed on this website, on the “Application” page
2. I understand and acknowledge that this deposit constitutes a commitment to this apartment, and unless the Owner, Landlord or Management Company (herein referred to as Management) denies my application, the deposit is non-refundable, with the following exceptions:
3. If I place a deposit before viewing an apartment, I have 48 hours to view the apartment in person if desired, and can request and receive a refund of my deposit within the 12 hours following the in person viewing. The timing of your in person viewing must be documented in writing, either email or SMS, to exercise this option.
4. Due to the nature of New York City real estate, several deposits may be placed on the same apartment in quick succession, in which case priority will be given based on the timestamp of each deposit, and if the application associated with an earlier deposit is approved, all subsequent deposits will be refunded.
5. I understand that if my application is denied, I will receive a full refund on the deposit.
6. I understand that if at any point of the process I choose not to move into the apartment, or if I fail to submit the documents stated on the rental application, it will constitute a waiver of my deposit.
7. I also understand that failure to submit a full application within 3 business days will constitute a waiver of my deposit.
8. I acknowledge that I understand that unless otherwise stated, no utilities are included in the rent.
9. I understand that Pear NYC does not keep my deposit, or any money I have paid.
10. I understand that my deposit is paid forward to the Management, and becomes part of my security/damage deposit on the apartment, which I may request back from the Management upon vacating the apartment.
11. I agree that, after I move in, I will not seek a refund of my deposit from Pear NYC, I will make any financial inquiries with my new Management.
12. I understand that the 15.24 credit card processing fee will not be refunded no matter the circumstance.

Privacy and Data Integrity

Content is protected using 256-bit AES encryption. I understand that Pear NYC will only share information I submit with the Management of the apartment to which I apply. Pear NYC never shares personal information with anyone other than the Management. Pear NYC will delete all personal documents upon request, except those we are required by law to retain as part of the credit check process.

Relationship between the Tenant, Pear NYC and the Management

I understand and acknowledge that Pear NYC LLC is not my Management, is not a signatory on my lease, and has no responsibility for, or involvement with, the collection of my rent, the maintenance of my apartment, disputes between Tenants and Management, or anything not explicitly promised by Pear NYC. Disclaimers and Release of Liability I understand and acknowledge that, to the fullest extent permitted by applicable law and, except as expressly provided in these Terms, the Site and all content, products and services provided through it are provided on an "as is" basis. Pear NYC does not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise), in relation to the Site or any content, products and services provided through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to the quality, completeness, accuracy or reliability of the Site and all content, products and services provided through it. Without limiting the generality of the foregoing, I acknowledge and agree that any rooms, apartments, houses, properties or tenancy arrangements are provided by our members and not by us. Pear NYC has no control over, nor accept any responsibility or liability for, any such arrangements or issues I may encounter with them. Pear NYC does not inspect any of the properties or rooms that feature in adverts on our Site, and I understand that Pear NYC strongly advises all potential Tenants to inspect properties thoroughly before making any binding commitments in respect of any properties or rooms listed on the Site. The information made available on the Site, whether posted by us or by any other users, is provided for information purposes only. Pear NYC cannot guarantee that any adverts or other information provided on the Site will be correct, accurate, up to date or meet my needs or requirements. The information provided on the Site is not intended to be professional or legal advice of any kind and should not be relied on as such. I take full responsibility, and understand the risk, for any reliance I place on any materials or information made available on the Site. I understand and acknowledge that, though Pear NYC does the utmost to ensure a reliable service, it does not guarantee that the Site will always be available or error free, that defects will be corrected, or that the Site or the server that makes it available are or will be always free of viruses or other harmful components. I understand that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to me. It is my responsibility to check the local laws of the jurisdiction in which I am a resident to determine the extent to which any implied warranties may be relevant to our legal relationship with you. Nothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law. I agree that Pear NYC shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (b) any direct or indirect loss of profit, anticipated savings, opportunity or business and loss, corruption or damage to data, in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of this Site or the services provided through it; (ii) any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site or the services provided through it irrespective of the duration of any period of unavailability; (iii) any use of or reliance upon any adverts, information, material, or other products or services offered through the Site, in all cases even if Pear NYC has been forewarned of the possibility of such loss or damage; and (iv) any tenancy or lodging arrangements of any kind that you enter into as a result of using our Site. Pear NYC total aggregate liability to you under these Terms whether based in contract, tort (including negligence), strict liability, or otherwise shall be limited to direct losses not to exceed the total payments you have made to us for services offered to you through the Site in the 12 months preceding my claim.