PTA LIABILITY WAIVER PROGRAM
Both, Wesley Apartment Homes and the Resident acknowledge that, even if Resident has Renter’s Insurance, there are various types of accidental damage for which the Resident may still be liable to Management. In order to avoid situations where Wesley Apartment Homes seeks recovery directly from Resident, Wesley Apartment Homes has established the Protect the Apartment Liability Waiver Program (“PTA”).
TERMS & CONDITIONS:
AGREEMENT: The Liability Waiver Program | Protect the Apartment (“PTA”) is a private contractual agreement between Management and Resident. It is not insurance and does not cover the personal belongings of the Resident. Management does not waive its right to recover from renter’s insurance or from any 3rd party; instead, only from the resident up-to the Waiver Amount associated with your Tier.
WHAT IS COVERED: In exchange for PTA Liability Waiver Fee, Wesley Apartment Homes waives its right to recover from Resident for accidental damage to the apartment (waiver amounts range from $15,000 up to $100,000 based on the participant’s level of choice) due to fire, smoke, and water overflow or back-up.
Incident fees range from $100 - $500 based on level option chosen. If a PTA participant has a covered incident, the resident will only pay the incident fee based on the enrollment level and all damages up to the waiver amount will we waived.
COST OF THE WAIVER PROGRAM: The PTA Liability Waiver Fees are as follows, $10/month (mandatory Entry Level), $15/month (Silver Level) or $20/month (Gold Level), to be paid along with rent and other monthly apartment charges. This fee will be prorated for fractional months where applicable.
STANDARD BENEFITS: In addition to the liability waiver, the PTA program gives additional valuable benefits.
If the entire building in which resident resides must be evacuated for over ten (10) days for repairs or reconstruction due to an accidental fire or flood, then resident will be entitled to the following benefits:
Same-Month Rent Reimbursement - monetary reimbursement for any rent monies that have been paid by the resident for unused rent amount and in the month in which the incident occurred. This is intended to help with expenses of displacement and inconvenience, however resident may choose to apply this amount to replace personal belongings that were damaged or lost due to the incident. This reimbursement is prorated from the day that the incident occurred.
Lease Termination Protection – PTA resident has the right to terminate the lease as of the date of the incident and move out of the property without liability for termination fees | stipulated damages, waiver of the 60-day notice requirement, and return of their full security deposit (minus any utility reimbursements). If resident exercises this right of early termination, resident is still entitled to receive prorated same month rent reimbursement as set forth above.
Free Rent Vouchers - if PTA resident elects not to terminate the lease and rather to remain a resident at the apartment community then, in addition to the same-month rent reimbursement amount above, resident will receive additional free rent vouchers in the amount of $3,000 that can be applied to rent or to rent differentials on a substitute apartment on site.
Note: Free rent vouchers may be used at any time up to six (6) months from the date of the incident. They are not transferable to any other party or individual.
EXTRA PERKS (Gold Level ONLY): In addition to the Standard Benefits participants receive within the Gold Level, they will also be offered “Extra Perks”.
Hotel Accommodations - PTA participant may elect to take the option to stay at hotel of choice, ($130 per night rate, for up to 3 nights), while repairs are being completed. This will be credited back in form of rent credit on their rental account.
On-site Apartment Transfer – If the PTA participant is not satisfied with staying in their current apartment, they may elect to transfer to a new apartment, similar floorplan type at the current rate until the original lease term has expired. This plan will waive the 30-day notice requirement, the TOS fee, and will transfer the Security Deposit.
RENTERS INSURANCE REQUIREMENT: Participation in the PTA program satisfies the requirement of maintaining Renter’s Insurance under the Residential Lease Contract. It is understood and agreed that, according to the Lease, if the Resident does not provide valid proof of conforming Renter’s insurance at all times as required under the lease, Management has the right to automatically charge Resident a High Liability Renter Fee. The High Liability Renter Fee is not a liability waiver and confers no rights whatsoever upon the Resident.
If Resident desires to participate in the PTA, there is no automatic enrollment. Resident may only become a Resident in the PTA by expressly enrolling and by accepting these Terms and Conditions.
LAPSE OF RENTER’S INSURANCE POLICY: If your insurance policy lapses or expires, you will automatically incur a monthly non-refundable High Liability Fee as described in the Residential Lease Contract, until you provide us proof of coverage from a provider of your choice.
The requirement of Renter’s Insurance is waived when a Resident participates on both the Silver and Gold Level.
PERSONAL CONTENT COVERAGE: PTA is NOT an insurance product. It is a Liability Waiver in which management relinquishes resident’s liability to accidental damages. A separate Renter’s Insurance policy must be purchased from a third party in order for resident to have Personal Content Coverage.
I understand that I MUST have a valid Renter's Insurance, naming Wesley Apartment Homes, LLC - PO BOX 501445, Atlanta, GA 31150 as ADDITIONAL INTEREST / ADDITIONAL INSURED.
Changes to Terms & Conditions:
The Terms and Conditions of the PTA Liability Waiver Program may be terminated or modified by Management at any time with a 30-day written notice.
Re-Enrollment Process:
Residents may sign up at any time during their residency with Wesley Apartment Homes. Additionally, residents may re-enroll at any time.
Payment Default:
Resident's Liability is NOT waived under the PTA Liability Waiver Program if Resident’s account with Management is NOT in good standing and a dispossessory proceeding has been filed for non-payment of Rent and PTA fees at the time of the incident.
Residents Responsibilities in the Event of a Loss:
o Report damage situations and incidents promptly.
o Assist Management in obtaining facts about what happened.
o Assist Management in making sure the damage to the apartment or the community does not become worse once the incident occurs and prevent further damage to it.
o If there is applicable insurance, contact the carrier to report the claim so that Management may more easily pursue recovery if Management chooses to do so.
o If another person is responsible for the damage, assist Management in determining the identity of that person and in contacting them.
o Sign a mutual release waiver of claims with Management up to and including the date of the incident that caused the damage.
o Cooperate with Management by timely moving out of the apartment if required by Management, so that repairs can be done promptly.
o Report the loss in writing prior to moving-out of the apartment home.
o Management has the right to keep damaged property / evidence in order to process claim until ALL investigation has been finalized.
Limitation of this Waiver (Liability is NOT waived):
o Damage that was caused intentionally. i.e. such as vandalism or by a deliberate act with the specific purpose of damaging the apartment or the community.
o Your intentional acts or gross negligence.
o Inclement weather or natural disaster
o Cost of the damage exceeds the participant’s waiver amount within their level of enrollment. Anything over this amount, the Resident is responsible.
o Damage is caused by domestic animals or pets.
o Damage was caused by non-accidental failure to care properly for the apartment.
o Extent of the damage was worsened by a failure to report the situation promptly.
o Resident’s account with Management is not in good standing and a dispossessory proceeding has been filed.
o Any damage that occurs if you are in violation of Residential Lease Contract.
o The Resident fails to fulfill the required Resident Responsibilities