Property Management Agreement

Updated April 14th, 2026

Table of Contents

1. INTRODUCTION

BY SIGNING UP FOR EMBER REALTY’S SERVICES, YOU (“OWNER“) ARE ENTERING INTO A BINDING PROPERTY MANAGEMENT AGREEMENT (“PMA”) WITH EMBER REALTY GROUP LLC (“EMBER REALTY“). THE PMA CONSISTS OF THE TERMS OUTLINED BELOW, THE SERVICE ORDER FORM, AND ANY ADDITIONAL ADDENDA, ATTACHMENTS, OR EXHIBITS REFERENCED HEREIN. FOR CLARITY, “AGREEMENT” COLLECTIVELY REFERS TO THE PMA, THE SERVICE ORDER FORM, AND ALL ASSOCIATED DOCUMENTS THAT GOVERN THE SERVICES PROVIDED BY EMBER REALTY. YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT IS DEMONSTRATED BY ANY OF THE FOLLOWING ACTIONS: (1) ELECTRONICALLY ACCEPTING THE TERMS AND CONDITIONS DURING THE SIGNUP OR ON-BOARDING PROCESS, (2) SUBMITTING A SIGNED SERVICE ORDER FORM OR OTHER WRITTEN CONFIRMATION, (3) UTILIZING ANY SERVICES PROVIDED BY EMBER REALTY UNDER THIS AGREEMENT, OR (4) EXECUTING ANY RELATED AGREEMENTS, ADDENDA, OR AMENDMENTS. BY TAKING ANY OF THESE ACTIONS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE PMA AND ALL TERMS INCORPORATED BY REFERENCE WITHIN THIS AGREEMENT.

2. ENTIRETY OF AGREEMENT

Ember Realty’s Property Management Agreement (“PMA”), the Service Order Form, any applicable Service-Specific Terms, operating rules, policies, price schedules, and other supplemental documents entered between you and Ember Realty or expressly incorporated by reference herein (collectively referred to as the “Agreement”), constitute the entire agreement between Ember Realty and the Owner regarding the services provided by Ember Realty. This Agreement supersedes all prior agreements, discussions, and writings between the parties related to its subject matter. For purposes of this Agreement, “the Parties” collectively refers to the Owner and Ember Realty. The terms “you” and “your” refer to all Owners, including any successors or assigns listed or not listed in the Service Order Form. The terms “we,” “us,” and “our” refer to Ember Realty, including its employees, representatives, contractors, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and any other service providers involved in furnishing services under this Agreement.

3. MODIFICATION OF TERMS

Ember Realty may revise the terms of this Agreement, including fees, service terms, policies, or addenda incorporated by reference, at any time by providing written notice to the Owner, which notice may be delivered directly or posted on Ember Realty’s website. Upon notice, the revised terms shall become effective as stated therein. Because this Agreement is month-to-month, the Owner shall have thirty (30) days from the date of notice to review the changes and either accept them or terminate this Agreement in accordance with Section 6 (Termination of Service), without penalty beyond amounts already accrued. The Owner’s continued use of Ember Realty’s services after the expiration of the thirty (30)-day response period constitutes acceptance of the revised terms. No revision shall alter the fundamental nature of the property management services provided under this Agreement.

4. OWNER REPRESENTATIONS

The Owner represents and warrants that they are at least eighteen (18) years of age or, as applicable, the age of majority in the jurisdiction where they reside and possess the legal authority to enter into this Agreement. If entering into this Agreement on behalf of a company or another entity, the Owner affirms they are authorized to act on behalf of that company or entity. The Owner also states that all information provided to Ember Realty, including their name, contact details, and registered location, is accurate and current. Unless otherwise specified in writing, the Owner represents that they are unaware of any recorded Notice of Default affecting the Property, delinquent amounts owed under loans or obligations secured by the Property, bankruptcy or insolvency proceedings involving the Property, litigation, or administrative actions that could affect the Property, or any pending or proposed special assessments. The Owner agrees to promptly notify Ember Realty if any such issues arise during the term of this Agreement. The Owner further states that no written or oral agreements affect the Property other than disclosed tenant leases, copies of which have been provided to Ember Realty. The Owner affirms that there are no recorded easements, restrictions, reservations, or rights of way that would adversely affect the intended use of the Property under this Agreement. The Property is appropriately zoned for its intended use, and all required permits for its operation have been obtained and remain current. The Owner warrants that the construction and operation of the Property comply with all applicable laws, statutes, ordinances, and regulations. Additionally, the Owner confirms that all loans, mortgages, dues, or trust deeds associated with the Property are fully paid and current, with no defaults.

 

5. TERM OF SERVICE

5.1. Service Term

This Agreement shall be for a term of one month commencing on the date specified as the Commencement Date in the Service Order Form.

5.2. Automatic Renewal

The Agreement will automatically renew monthly unless either Party provides written notice of termination as specified in the termination provisions. The renewal will be subject to the same terms and conditions unless both Parties agree to written amendments before the renewal takes effect.

5.3. Termination by Owner

The Owner may terminate this Agreement at any time by providing Ember Realty with at least thirty (30) days’ written notice. Termination will only become effective after the Owner has paid all outstanding fees, expenses, and obligations owed to Ember Realty, including management fees, vendor payments, marketing costs, advances, and interest.

5.4. Termination by Ember Realty

Ember Realty may terminate this Agreement by giving the Owner at least thirty (30) days written notice. Ember Realty also reserves the right to terminate the Agreement immediately in the event of a breach of contract by the Owner. Grounds for immediate termination include the Owner’s failure to comply with payment obligations or refusal to authorize necessary repairs required to fulfill tenant lease terms, comply with legal codes, ensure the safety and habitability of the Property, address issues on a vacant property, or prepare the Property for sale. Additionally, termination will be immediate if the Owner fails to comply with applicable laws or Ember Realty is prevented from adhering to them.

5.5. Transfer of Obligations Upon Termination

Upon termination, all management responsibilities for the Property will immediately be transferred to the Owner or their designated representative. Ember Realty will provide the Owner with all relevant property records, including tenant leases, maintenance records, financial statements, and security deposit details, within thirty (30) business days of termination. The Owner agrees to assume responsibility for all ongoing or unresolved matters, including tenant communications, maintenance requests, security deposit disputes, and legal actions. Ember Realty will not conduct tenant move-out inspections, coordinate repairs, or handle pending issues after the Agreement’s termination.

5.6. Final Disbursement of Funds

Ember Realty will disburse any remaining funds held in its trust accounts to the Owner within thirty (30) days of termination after deducting outstanding fees or expenses due under this Agreement. If the Owner requests the transfer of files and documents to a succeeding management company, Ember Realty will charge a transfer fee of $45.

5.7. Early Termination Fee

If the Owner terminates this Agreement before Ember Realty procures a tenant for the Property, the Owner will be responsible for reimbursing Ember Realty for all marketing, maintenance, and administrative expenses incurred up to the termination date.

5.8. Survival of Terms

The provisions of this Agreement intended to survive termination—including but not limited to indemnity, payment obligations, confidentiality clauses, and representations and warranties of the Parties—will remain enforceable and in full effect after termination. Any provisions requiring the Owner to maintain insurance, defend, reimburse, or indemnify Ember Realty will also survive termination. If Ember Realty becomes involved in any proceeding or litigation due to its role as the Owner’s agent, these provisions shall apply as though this Agreement were still in effect.

 

6. EXCLUSIVE AGENCY AND SCOPE OF SERVICES

6.1. Appointment & Grant of Authority

The Owner hereby appoints Ember Realty as the exclusive property manager and agent for the Property identified in the Service Order Form, which identifies the Owner, Ember Realty, and the specific Property or Properties governed by this Agreement. Owner grants Ember Realty full authority to rent, lease, operate, manage, and supervise the Property and to take any action reasonably necessary, proper, or incidental to the performance of its duties under this Agreement, subject to applicable law. Any additional properties added during the term of this Agreement shall be incorporated by written amendment or updated Service Order Form and shall thereafter be subject to the terms of this Agreement.

6.2. Rental Marketing

Ember Realty is authorized to market the Property for rent using methods it deems appropriate in its professional discretion, including but not limited to online rental platforms, social media, Ember Realty’s website, digital and print media, professional photography, descriptive marketing materials, and installation of signage when appropriate. Ember Realty shall determine pricing strategy and marketing approach in order to maintain market competitiveness and maximize rental income potential unless otherwise directed in writing by the Owner.

6.3. Leasing & Rent Collection

Ember Realty is authorized to solicit applicants, conduct tenant screenings consistent with applicable law, negotiate lease terms, prepare, execute, renew, modify, or terminate rental agreements on Owner’s behalf, and collect all rents, fees, charges, and security deposits due under such agreements. Ember Realty may execute leases and related documents as Owner’s agent, and unless Owner provides express written instructions to the contrary, all leases shall reflect market rent as determined by Ember Realty in its reasonable professional judgment.

6.4. Tenancy Enforcement & Evictions

Ember Realty is authorized to prepare, execute, and serve notices relating to tenancy enforcement and to coordinate eviction or possession proceedings as permitted by law. Any eviction requiring court filing or legal representation shall be prosecuted through a licensed Florida attorney, and Ember Realty shall not engage in the unauthorized practice of law. Owner shall be solely responsible for all court costs, attorney’s fees, and related legal expenses associated with eviction or other legal proceedings concerning the Property.

6.5. Repairs & Maintenance

Ember Realty is authorized to arrange for and supervise repairs, maintenance, cleaning, lawn care, and replacements necessary to maintain the Property in a habitable, safe, and legally compliant condition, including compliance with lease obligations, applicable laws, HOA or condominium requirements, and insurance conditions. Ember Realty shall notify Owner of any single non-emergency expenditure exceeding $500, except for previously approved recurring charges, emergency repairs necessary to preserve the Property or protect occupant safety, or repairs required to prevent service interruption or ensure legal compliance.

6.6. Contracts & Third-Party Services

At Owner’s expense, Ember Realty is authorized to contract, hire, supervise, and discharge vendors, contractors, utility providers, attorneys, and other service providers necessary for the operation and maintenance of the Property, and may perform such duties through employees, affiliated entities, or independent contractors. Ember Realty shall not be liable for the acts, omissions, or negligence of independent contractors or third parties hired on Owner’s behalf, except for those directly employed by Ember Realty. Upon termination of this Agreement, Owner shall assume responsibility for all contractual obligations properly entered into on Owner’s behalf during the term of this Agreement.

6.7. Security Deposits

Ember Realty is authorized to receive and hold tenant security deposits in a trust account in compliance with Florida Statute § 83.49. If deposits are held in Ember Realty’s trust account, Owner agrees to reimburse any interest required by law; if Owner elects to hold deposits directly, Owner assumes full responsibility for statutory compliance, including proper notice, accounting, and timely return of deposits and any required interest.

6.8. Accounting & Owner Reporting

Ember Realty shall provide Owner with access to an online portal containing financial records related to the Property, including receipts, expenses, and charges, which may be accessed at any time. Such reporting satisfies Ember Realty’s obligation to provide periodic financial statements unless otherwise agreed in writing.

6.9. Excluded & Additional Services

Unless expressly included in this Agreement or the Service Order Form, Ember Realty’s services do not include preparing the Property for sale or refinance, major modernization or rehabilitation, fire or substantial damage restoration, financial accounting or legal advice, representation before public agencies, advising on new construction, debt collection, attendance at HOA or condominium meetings, or any service not specifically described herein. Services requested by Owner that are outside the scope of this Agreement may be performed at Ember Realty’s discretion and shall be billed at a minimum rate of $75 per hour or as otherwise agreed in writing.

 

7. FEES, TRUST FUNDS, RESERVES, AND DISBURSEMENTS

7.1. Compensation To Ember Realty

The Owner agrees to pay Ember Realty the fees described in this Agreement and itemized in the Service Order Form. Management fees include: (a) Monthly Fee for ongoing property management services; (b) a one-time Tenant Placement Fee charged when a new tenant is secured; (c) a Lease Renewal Fee charged for processing lease extensions; and (d) an On-boarding Fee, assessed when property management services begin, for any property that is already occupied by a tenant. All fees are separate and are assessed as outlined in the Service Order Form.

7.2. Extraordinary postage/telephone/fax

Regular postage and business calls for notifications and statements are not extraordinary. Ember Realty considers overseas postage/telephone, and faxes extraordinary.

7.3. Fee Distribution

Ember Realty may divide or distribute compensation, fees, and any additional charges due under this Agreement or the Lease in any manner acceptable to Ember Realty.

7.4. Tenant Fees

Ember Realty may receive and keep fees from tenants for (a) requesting an assignment of the lease or sublease of the Property, (b) processing credit applications, (c) any returned checks and late payments, and (d) any other services that are not in conflict with this Agreement.

7.5. Affiliations

Ember Realty may perform any of its duties and obtain necessary products and services through affiliated companies or organizations in which it may own an interest. Ember Realty may receive fees, commissions, and profits from these affiliated companies or organizations.

7.6. Payment of Late Fees

The Owner is responsible for paying any late charges, penalties, or interest imposed by lenders or other parties due to a failure to make payments when required, provided the delay is due to insufficient funds in Ember Realty’s trust account

7.7. Trust Funds

All receipts collected by Ember Realty for the Owner, minus any appropriate deductions or disbursements, will be deposited into a trust account at a financial institution insured by a U.S. government agency. This trust account will be separate from Ember Realty’s operational accounts. Ember Realty is not liable for any losses resulting from the failure or bankruptcy of the financial institution.

7.8. Reserve Requirements

Owner shall maintain sufficient funds to cover property-related expenses, including maintenance, repairs, utilities, management fees, cleaning, and turnover costs. Unless Ember Realty approves otherwise in writing, the default reserve structure below shall apply.

7.8.1. Default Reserve

Ember Realty shall retain one (1) full month of gross rent as a rolling operating reserve. Net rental proceeds collected during the preceding month, after deduction of management fees and authorized expenses, shall be disbursed to Owner on or before the 10th day of each month. The reserve remains Owner’s property, is not a fee, and shall be maintained continuously for authorized property expenses. Upon termination of this Agreement, Ember Realty may apply the reserve to any outstanding charges, expenses, or obligations, and shall disburse any remaining balance to Owner in accordance with this Agreement.

7.8.2. Fixed Reserve Exception

At Owner’s written request and with Ember Realty’s written approval, Owner may maintain a fixed Property Reserve of Five Hundred Dollars ($500.00) in place of the default reserve. Under this option, net rental proceeds, after deduction of management fees and authorized expenses, shall be disbursed to Owner on or before the 10th day of each month. If the reserve falls below the required amount, Owner shall promptly replenish it upon request.

7.8.3. Owner-Managed Maintenance Exception

At Owner’s written request and with Ember Realty’s written approval, Owner may elect not to maintain a reserve for maintenance and repair purposes. If this option is approved, Section 12.6 shall govern, and Ember Realty shall not be responsible for funding or managing maintenance, repairs, or related work orders, except that Ember Realty may take reasonable emergency mitigation action as otherwise permitted under this Agreement if necessary to protect life, safety, habitability, security, or the Property from significant damage, and all resulting costs shall be chargeable to Owner.

7.8.4. Vacancy and Move-Out Reserve

Notwithstanding the foregoing, when a tenant has given notice of non-renewal, termination, or intent to vacate, or Ember Realty otherwise reasonably anticipates that a tenancy will end, Ember Realty may retain from Owner’s funds an amount up to one (1) full month of gross rent, including the final month’s rent collected, as a temporary vacancy and move-out reserve. This reserve may be used for inspections, cleaning, repairs, maintenance, utility charges, lawn or exterior services, re-keying, vendor coordination, turnover expenses, make-ready work, leasing preparation, and other costs reasonably incurred in connection with the tenant’s move-out, restoration of the Property, or preparation for re-letting. Any unused balance shall be disbursed to Owner after payment of authorized charges, expenses, and obligations.

7.8.5. Tenant Cleaning Reserve

Owner authorizes Ember Realty to collect a non-refundable move-in cleaning fee from each tenant. Ember Realty may deposit such cleaning fee into the Property Management Operating Trust Account and designate it as part of Owner’s reserve funds. These funds may be held until tenant move-out and applied toward the cost of professional cleaning services or other turnover-related cleaning expenses. Any remaining balance after such cleaning costs are paid shall remain part of Owner’s reserve funds. Cleaning fees shall not be deposited into the security deposit escrow account.

7.9. Disbursements

All funds held by Ember Realty for Owner shall be applied and disbursed in the following order of priority: (a) compensation, fees, and other amounts due to Ember Realty under this Agreement and the Service Order Form; (b) authorized operating expenses and other amounts payable from Owner’s funds, including vendor charges, utilities, repairs, maintenance, and turnover-related costs; (c) required reserves under this Agreement, including any rolling reserve, fixed reserve, vacancy and move-out reserve, and tenant cleaning reserve; and (d) any remaining balance to Owner.

 

8. TENANT SCREENING AND FAIR HOUSING

8.1. Fair Housing Compliance

Ember Realty complies with all federal, state, and local Fair Housing laws and regulations, prohibiting discrimination based on race, color, national origin, religion, sex, familial status, disability, or any other protected characteristic. We ensure that our tenant screening process aligns with these laws, promoting equal opportunity for all applicants.

8.2. Screening Limitations

Our comprehensive tenant screening process includes evaluating applicants based on their credit history, rental history, and employment verification to ensure they can afford the rent and are qualified to lease the property. This process provides a snapshot of the tenant’s current financial situation and overall rental viability at the time of application. However, it is essential to note that this screening process reflects the tenant’s financial status at the time of evaluation and does not constitute an ongoing assessment of their financial health throughout the tenancy. Ember Realty will evaluate the current tenant’s eligibility for lease renewals based on their rental history with us. We do not continuously monitor tenants’ financial status during their lease term, nor do we guarantee their ability to meet their financial obligations beyond the initial screening.

 

9. SERVICE AND SUPPORT ANIMALS

9.1. Support Animals

Ember Realty complies with all applicable federal, state, and local Fair Housing laws regarding service animals and emotional support animals (“ESAs”) and shall process accommodation requests in accordance with guidance issued by the U.S. Department of Housing and Urban Development (HUD). Ember Realty may utilize a third-party service to assist with the administrative review of documentation submitted by tenants; however, all determinations shall be made in compliance with applicable law, and no tenant shall be required to provide certifications or documentation beyond what is legally permitted. No additional rent, deposits, or fees shall be charged for approved service animals or ESAs, and tenants shall remain responsible for any damage caused by such animals in accordance with law.

9.2. Qualifying Animals

If the tenant and the support animal or ESA meet HUD’s qualifications and are verified by the third-party vendor, the Owner agrees that no additional fees, deposits, or insurance requirements shall be imposed on the tenant concerning the animal.

9.3. Re-verification

Ember Realty reserves the right to request updated documentation and re-verification of any service animal or ESA on a reasonable basis to ensure continued compliance with legal requirements. This may be requested upon the lease renewal or in the event of material changes to the tenant’s circumstances or animal-related policies as dictated by HUD or other regulatory bodies.

9.4. Tenant Default

The tenant is responsible for ensuring that their service animal or ESA complies with all local laws, including but not limited to leash laws, vaccination requirements, and any behavior-related expectations. The tenant will also be held liable for any damage caused by the service animal or ESA to the property or common areas in accordance with applicable laws.

9.5. Owner’s Authorization

For Owners who choose to allow pets not classified as support animals to occupy the property, Ember Realty will charge additional pet rent and a higher security deposit to account for the increased wear and tear on the property.

9.6. Additional Protections

For Owners seeking additional protection, the Ultimate plan (Landlord Protection Plus) covers up to $1,000 for service or companion animal-related damage.

 

10. PROPERTY ACCESS AND SHOWINGS

10.1 Property Showings

The Owner agrees to cooperate with Ember Realty in facilitating property showings, inspections, and appraisals as needed. This includes ensuring the Property is accessible and in presentable condition for prospective tenants or buyers.

10.2. Lock boxes and Access Devices

The Owner authorizes Ember Realty to install and use a digital lock or smart lock box on the Property to allow access to vendors, tenants, or real estate agents.

10.3. Self-Showings and Tours

Ember Realty utilizes a secure self-showing service to facilitate rental tours, allowing prospective tenants to tour rental properties independently without needing in-person interactions. This service offers numerous benefits, such as reducing travel and administrative tasks for property managers, thus lowering owner’s costs, providing convenience for tenants, and issuing secure, one-time-use codes for showings. This self-showing service prescreens all tenants to ensure safety and security, requiring them to meet minimum qualifications and upload verified government-issued IDs. Tenant information, including email, phone number, and IP address, is checked against fraud detection tools, and device location is verified before granting lock box access. One-time use codes are only valid for two hours on the day of the showing. Additionally, this service has safeguards to detect and address fraudulent activity, notifying Ember Realty and Owners if a rental becomes a target for scammers.

 

11. TENANT BENEFIT PACKAGES AND PROGRAMS

11.1. Security Deposit Alternatives (SDA)

Ember Realty may offer qualified tenants the option to participate in a Security Deposit Alternative (“SDA”) program in lieu of paying a traditional cash security deposit. The Owner acknowledges that an SDA is not a security deposit under Florida Statute §83.49, is not held in escrow, and is not refundable, and that any tenant payments under an SDA are governed solely by the terms of the SDA program provider. Tenant participation is voluntary, and tenants who do not qualify for or elect not to participate in the SDA program shall be required to provide a standard security deposit in compliance with Florida law. The Owner authorizes Ember Realty to administer the SDA program and assist with submitting post-tenancy claims, if applicable; however, Ember Realty makes no representation or guarantee regarding claim approval, payment, or coverage limits. If the Owner terminates this Agreement or elects to discontinue participation in the SDA program, the Owner assumes full responsibility for ensuring a lawful transition, required disclosures, and compliance with all applicable landlord-tenant laws, and Ember Realty shall have no liability arising from such transition.

11.2. Resident Benefit Package (RBP)

Ember Realty provides all tenants with a comprehensive Resident Benefit Package (RBP) as part of its property management services. The RBP enhances tenant satisfaction and convenience while promoting property care. The package includes benefits such as HVAC filter delivery, credit reporting, identity protection, resident rewards, utility concierge services, home-buying assistance, online portal access, 24-hour maintenance coordination, and vetted vendor services. The RBP is mandatory for tenants and carries a monthly fee that tenants must pay in addition to their rent. Owners acknowledge and agree that tenants’ participation in the RBP is a condition of tenancy, and no discounts or exemptions will be provided for elements of the RBP that may be unavailable due to property-specific limitations or service availability. Ember Realty reserves the right to modify the terms or features of the RBP as necessary to improve service quality or address operational needs, with any changes communicated in advance to tenants and owners. The Owner authorizes Ember Realty to administer and manage the RBP, including fee collection and addressing tenant inquiries related to the program.

 

12. PROPERTY MAINTENANCE AND REPAIRS

12.1. Property Condition

The Owner is responsible for maintaining the Property in a condition suitable for occupancy, complying with all health and safety standards as required by local, state, and federal laws. The Owner agrees to promptly address any repairs, safety concerns, or maintenance issues that may affect the Property’s habitability and inform Ember Realty of any deferred maintenance concerns that could affect future occupancy or value.

12.2. Repair Notices

The Owner must respond to maintenance requests over $500 within three (3) business days. If the Owner fails to respond within this timeframe, Ember Realty is authorized to proceed with repairs or maintenance at the Owner’s expense, using its best judgment, as long as the cost of the repairs does not exceed the monthly rent.

12.3. Maintenance Coordination and Fees

Ember Realty will coordinate all maintenance, repair, and renovation services for the Property using affiliated companies and independent contractors, which includes obtaining multiple bids from qualified contractors for projects exceeding $1,000, coordinating scheduling with tenants and contractors to minimize disruption, facilitating required permits with all permit fees paid by the Owner, conducting site visits for projects exceeding $2,500 to verify scope, quality, and progress, and deploying Ember Realty’s in-house maintenance team, when appropriate, to assess, perform, or oversee repair needs. The Owner agrees to pay a 10% coordination fee for projects costing $2,500 or less, except for Owners enrolled in the Ultimate Plan, who are exempt from this fee and are responsible only for direct material and labor costs; for projects exceeding $2,500, a flat coordination fee of $249 applies to all Owners, including those on the Ultimate Plan. If the Property is vacant, the Owner must pay all required coordination fees and any estimated repair or maintenance costs upfront before any work is scheduled, and no maintenance or repair services will be performed on a vacant Property until all required fees and funds have been paid in full.

12.4. Property Inspections

As part of our commitment to preserving the value of your investment, Ember Realty will conduct bi-annual property inspections every six (6) months for $85 per inspection. These inspections ensure the property is in good condition, that tenants adhere to lease agreements, and that potential issues are addressed before they escalate into costly repairs. Additionally, we recommend scheduling annual HVAC inspections for $139. These inspections only cover check-ups and do not include parts or labor for required repairs. Upon termination of this Agreement, the Owner or the Owner’s designated representatives will assume full responsibility for conducting all tenant move-out inspections and handling any related repairs or maintenance. Ember Realty will not be obliged to perform or assist with move-out inspections after termination. The Owner agrees to manage tenant communications, security deposit assessments, and any repair work needed due to tenant damage post-termination. Any move-out inspections not completed by Ember Realty before the termination of the Agreement will be the sole responsibility of the Owner or their new property manager or representative. Ember Realty will not be liable for any claims or disputes arising from tenant move-outs or the Property’s condition after the Agreement’s termination.

12.5. Fire Prevention

The Owner is responsible for ensuring that smoke detectors are installed and in working condition on the Property in compliance with applicable laws before a tenant moves in. Once the tenant occupies the Property, they are responsible for maintaining the smoke detectors, including testing and replacing batteries to ensure ongoing safety. For fire extinguishers, Owners of single-family homes are encouraged to purchase and provide fire extinguishers on the Property in accordance with safety regulations, and Owners of apartments, condos, and townhomes are required to do so. If the Owner fails to provide fire extinguishers as needed, Ember Realty may supply them at the Owner’s expense to ensure compliance with safety standards and tenant protection.

12.6. Owner Managing Maintenance

If Owner elects Ember Realty’s approved Owner-Managed Maintenance / No Reserve option under Section 7.8.3., Owner shall assume full responsibility for maintenance, repairs, renovations, and all related project administration. Owner shall be solely responsible for receiving and acting upon maintenance requests forwarded by Ember Realty, communicating with tenants, scheduling and supervising contractors, obtaining permits, ensuring compliance with all applicable laws, codes, and association requirements, maintaining complete records of all work performed, and paying all related costs. Ember Realty shall not be responsible for coordinating or overseeing such work, maintaining project files or receipts, verifying contractor licensing or insurance, inspecting completed work, or resolving disputes arising from Owner’s handling of maintenance matters. Owner is strongly encouraged to use properly licensed and insured contractors. Ember Realty shall not be liable for any delay, deficiency, damage, claim, fine, habitability issue, lease dispute, or loss of rental income arising out of Owner’s handling of maintenance, repairs, or renovations. If Owner later requests Ember Realty to resume maintenance coordination, Ember Realty may do so in its sole discretion upon written agreement, restoration of an approved reserve, and payment of any applicable fees under this Agreement.

 

13. TENANT TURNOVERS AND RENT-READY CONDITION

13.1. Rent-Ready Preparation (Tenant Turn/Make Ready

Before a new tenant moves in, the Owner is responsible for ensuring the Property is fully prepared and in rent-ready condition. This includes but is not limited to addressing any necessary repairs, ensuring all appliances are in working order, verifying that essential services such as utilities are operational, and completing any cosmetic touch-ups (e.g., paint, carpet cleaning) that may be needed to make the Property presentable. If the Owner does not arrange these preparations promptly, Ember Realty may coordinate the necessary services and the associated costs will be charged to the Owner. Ensuring the Property is rent-ready helps attract quality tenants, avoid delays in occupancy, and minimize potential disputes regarding the Property’s condition at the start of the lease.

13.2. Property Cleaning

The Property must be cleaned before a new tenant moves in to ensure a high standard of cleanliness and maintain the Property’s condition. If the Owner does not arrange this cleaning, Ember Realty will contract professional cleaning services, and the cost will be charged to the Owner. This ensures the Property is in a suitable state for the new tenant and helps prevent disputes regarding the Property’s condition at the start of the lease.

13.3. Vacancies

While the property is vacant and not occupied by tenants, the owner is responsible for maintaining the property. This includes ensuring that essential services such as lawn care, pool maintenance, and utilities are provided at the owner’s sole expense. Additionally, the owner must reactivate power and water services during any vacancy period to keep the property functional and support any necessary maintenance work. Should the owner request that Ember Realty handle any of these services, the costs will be deducted up to the available amount from the property reserve account. No funds for these services will be advanced or forwarded from Ember Realty’s accounts. If the costs exceed the reserve amount, the owner must replenish the reserve before providing additional services.

13.4. Move-out Repairs

Upon a tenant vacating the Property, Owner shall be responsible for all repairs and make-ready work necessary to restore the Property to rent-ready condition. Owner may be reimbursed from the tenant’s security deposit for damage beyond ordinary wear and tear, strictly in accordance with Florida Statute § 83.49. Tenant security deposits shall be handled and disbursed only as permitted by applicable law.

13.5. Re-Keying

For the safety and security of both the Property and future tenants, all exterior locks must be replaced or re-keyed at the Owner’s expense before a new tenant moves in or between tenancies. This is important to prevent unauthorized access by former tenants, contractors, or anyone else who may have had a key during the previous tenancy. Re-keying or replacing locks protects the Owner from liability for security breaches and ensures compliance with many state and local laws while providing tenants with peace of mind regarding their safety.

 

14. EVICTION AND LEGAL PROCEEDINGS

14.1. Eviction Handling

Ember Realty is authorized to handle all matters related to the termination of tenancy and enforcement of lease terms, including signing and serving notices in the Owner’s name as required or appropriate. This authority includes initiating and prosecuting eviction actions, recovering possession of the property, collecting unpaid rent or other sums due, and, where applicable, settling, compromising, releasing claims, or reinstating tenancies.

14.2. Owner Notification

Ember Realty will notify the Owner before initiating any eviction or legal proceedings and keep the Owner informed throughout the process. The Owner will be responsible for legal services, court fees, and other related expenses incurred during such proceedings.

14.3. Additional Protection

Owners enrolled in the Ultimate Plan, which includes Landlord Protection Plus, may have additional coverage for eviction-related expenses. This coverage provides financial protection up to $5000 for evictions, as outlined in the Landlord Protection Plus terms. See section 16 for more information.

14.4. Eviction Outcomes

Ember Realty may charge the Owner a separate service fee for eviction coordination and related activities, which will be billed separately. Ember Realty shall not be held liable for the outcome of any legal proceedings, including evictions, and the Owner agrees to indemnify and hold Ember Realty harmless against any claims, damages, or costs arising from such actions, except in cases of gross negligence or willful misconduct by Ember Realty.

 

15. PROPERTY INSURANCE REQUIREMENTS

15.1. Required Insurance

Owner shall, at Owner’s sole cost and expense, procure and maintain throughout the term of this Agreement: (a) A landlord or dwelling property insurance policy written on a replacement cost basis covering the full insurable value of the structure and improvements, including fire and extended coverage (special form coverage recommended); and (b) Commercial General Liability or Landlord Liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate, covering bodily injury, property damage, and personal injury arising out of the ownership, maintenance, or operation of the Property. Ember Realty shall be named as an Additional Insured on the liability policy. Owner shall provide a certificate of insurance evidencing required coverage within fifteen (15) days of execution of this Agreement and upon renewal of any policy.

15.2. Compliance

If Owner fails to provide satisfactory proof of required insurance within fifteen (15) days of execution of this Agreement, Owner authorizes Ember Realty to enroll the Property in Ember Realty’s master general liability insurance program, if available, at a cost of $25 per unit per month, which shall be billed to Owner. Owner may opt out of such program at any time by providing acceptable proof of liability insurance meeting the requirements set forth herein and naming Ember Realty as an Additional Insured. Enrollment in Ember Realty’s master policy does not relieve Owner of the obligation to maintain required property hazard coverage.

15.3. Duration of Policy

Owner shall maintain all required insurance continuously during the term of this Agreement. Any lapse, cancellation, or material reduction in coverage shall constitute a material breach of this Agreement. Owner acknowledges that vacant properties may not be adequately covered under standard landlord policies. If the Property becomes vacant, Owner shall consult with Owner’s insurance carrier to determine whether vacancy or special risk coverage is required. Owner shall be solely responsible for any uninsured or under-insured loss, claim, liability, damage, or litigation arising during any period in which required insurance is not in effect or is insufficient.

15.4. Insurance Offers

Ember Realty offers optional protection programs, including the Landlord Protection Plus Plan (Ultimate Plan), which may include benefits such as loss of rent protection, eviction coverage, and malicious tenant damage coverage, subject to program terms and limitations. Participation in such programs is voluntary and does not replace Owner’s obligation to maintain the insurance coverage required under this Section.

15.5. Indemnification; Cancellation Notice

Owner shall indemnify, defend, and hold Ember Realty harmless from and against any claim, loss, liability, damage, or expense arising out of Owner’s failure to maintain required insurance or any lapse, insufficiency, or denial of coverage under Owner’s policies. All liability policies shall provide that Ember Realty receives at least thirty (30) days’ written notice of cancellation or non-renewal (where permitted by the insurer) and shall name Ember Realty as Additional Insured on the liability portion.

 

16. OPTIONAL PROTECTIONS: LANDLORD PROTECTION PLUS

16.1. Rent Confidently

As an additional service for owners who choose the Ultimate Plan, Ember Realty offers the Landlord Protection Plus (Ultimate Plan), provided through SureVestor Insurance, to shield property owners from various financial risks associated with owning rental properties. This exclusive insurance coverage is available only to properties managed by Ember Realty and includes the following benefits:

      • Loss of Rent Guarantee: Up to 25 weeks of rent loss, subject to a maximum loss limit of $3,000 per month for properties with higher rents.
      • Eviction Guarantee: $5,000 in eviction coverage, including $600 for sheriff fees.
      • Tenant Malicious Damage Guarantee: $35,000 in coverage for tenant-caused malicious damage (with a $1,500 deductible).
      • Third-Party Liability Coverage: $1,000,000 in liability coverage for third-party claims occurring on the Property.
      • Theft Coverage: $15,000 for theft or damages resulting from theft (with a $1,500 deductible).
      • Lock Replacement: $400 for re-keying locks if a tenant skips or is evicted.
      • Pet Coverage: $1000 for service or companion animal damage
      • Lock-box Coverage: Provides $5,000 in coverage for lock box-related incidents.

16.2. Eligibility Conditions

Properties with rents between $1,000 and $3,000 qualify for the entire rent loss guarantee. Tenant-occupied properties where tenants are not current on rent and have not paid on time for the previous two months will not be eligible for Loss of Rent, Eviction, or Tenant Malicious Damage Guarantees until payment conditions are met.

16.3. Insurance Fees and Policy Start

The cost of this policy is included in Ember Realty’s Ultimate Plan, which is a fraction of the potential costs of tenant damages, legal fees, or rent loss. Insurance rates are subject to change, and Owners will receive at least 30 days’ notice of any changes. The policy will commence upon the commencement date of the tenant’s lease agreement.

16.4. Owner’s Selection

Accepting or choosing Ember Realty’s Ultimate Plan will automatically enroll the Owner into SureVestor Landlord Protection Plus Coverage (The Basic or lease-only plans do not qualify for the Landlord Protection Plus Coverage). The Ultimate Plan and Landlord Protection Plus acceptance will be acknowledged in the Service Order Form and/or an attached addendum.

16.5 Termination of Coverage

If this Agreement is terminated for any reason, or if the Owner downgrades to a plan that does not include the Landlord Protection Plus (Ultimate Plan), any benefits or insurance coverage provided through Ember Realty, including the Landlord Protection Plus plan offered through SureVestor Insurance, will terminate immediately. This includes, but is not limited to, Loss of Rent Guarantee, Eviction Guarantee, Tenant Malicious Damage Guarantee, Third-Party Liability Coverage, Theft Coverage, Lock Replacement Coverage, Pet Coverage, and Lockbox Coverage. The Owner acknowledges that all claims under these benefits must be submitted before the effective date of termination or plan downgrade. No claims will be processed or honored after the coverage has been terminated due to the termination of this Agreement or the transition to a lower-tier plan. Terminating this Agreement or a downgrade to a non-qualifying plan will render all associated insurance benefits null and void, regardless of the reason for termination or downgrade.

 

17. OWNER RESPONSIBILITIES & OBLIGATIONS

17.1. Financial Obligations

The Owner agrees to be financially responsible for all obligations under this Agreement, including service fees, maintenance costs, and any use of services or accounts associated with this Agreement.

17.2. Third-Party Fees

The Owner shall be solely responsible for any additional fees or charges required by third-party entities, including but not limited to homeowners’ associations (HOAs), condominium associations (COAs), local, state, or federal government agencies, or any other organizations that may impose fees or charges related to the management or operation of the property. These fees include, but are not limited to, registration costs, permit fees, access passes, gate passes or codes, or compliance-related charges. Ember Realty shall not be held liable for these costs and may pass them directly to the Owner for payment.

17.3. Property Expenses

The Owner authorizes Ember Realty to deduct all management fees and property-related expenses from available funds prior to disbursement. If available funds are insufficient, the Owner shall promptly remit payment upon notice. If payment is not received within thirty (30) days of notice, Ember Realty may assess a one-time late administrative fee equal to fifteen percent (15%) of the outstanding balance, which the Parties agree represents a reasonable estimate of the additional administrative, accounting, follow-up, and coordination costs incurred due to delayed payment and is not intended as interest, a finance charge, or a penalty. If Ember Realty is required to manage unpaid balances prior to receipt of Owner funds, a separate 10% administrative service fee may be assessed as disclosed herein. Ember Realty shall not advance its own funds for any expense, and unpaid balances, including applicable administrative fees, may be deducted from future rental proceeds or referred for collection as permitted by law.

17.4. Property Liabilities

The Owner acknowledges and accepts full responsibility for any outstanding debts, liens, or other financial obligations related to the Property, including property taxes, HOA fees, and assessments. Ember Realty will not be liable for any debts or liabilities associated with the Property or for any penalties arising from the Owner’s failure to meet financial obligations.

17.5. Tax Withholding

The Owner authorizes Ember Realty to comply with local and state tax withholding laws If the Owner is a nonresident alien individual, a foreign entity, or other non-U.S. person (Foreign Investor). If applicable, the Owner authorizes Ember Realty to withhold and transmit to the Internal Revenue Service (IRS) 30% of the GROSS rental receipts unless the Owner elects to treat rental income as “effectively connected income” by submitting to Ember Realty a fully completed IRS form W-8ECI, Certificate of Foreign Person’s Claim for Exemption Form. Withholding on income is effectively connected with the conduct of a trade or business in the United States. A foreign investor owner must obtain a U.S. Taxpayer Identification Number (TIN) and file a declaration with the IRS regarding effectively connected income to complete the form given to Ember Realty. Further, the foreign investor owner will be responsible for making any necessary estimated tax payments.

17.6. Documentation & Disclosures

The Owner agrees to provide all required documentation, records, and disclosures as mandated by law or requested by Ember Realty for the management and operation of the Property. The Owner must promptly notify Ember Realty of any changes to these documents or any issues affecting the Property’s habitability. This includes but is not limited to completing and submitting an Internal Revenue Service (IRS) Form W-9 for tax reporting purposes and Ember Realty’s “Owner Information Sheet” to ensure accurate records. All requested documentation must be provided promptly to facilitate compliance with applicable laws and efficient property management.

17.7. Owner’s Duty to Report Violations

The Owner must immediately inform Ember Realty of any code violations, environmental hazards, or other regulatory concerns affecting the Property. The Owner is responsible for addressing and remedying any violations to maintain compliance with local, state, and federal regulations.

17.8. Owner’s Obligation for Timely Response

The Owner agrees to respond promptly to all communications and requests from Ember Realty. Delays in responding may hinder Ember Realty’s ability to manage the Property effectively, and the Owner accepts responsibility for any adverse consequences resulting from non-responsiveness.

17.9. Lead-Based Paint

The Owner is responsible for providing information about the Property’s lead-based paint. According to 42 U.S. Code § 4852d, all occupants of residential property must be informed about the presence of lead-based paint in dwellings built before January 1, 1978.

17.10. Insurance-Related Requests and Limitations

Ember Realty is not responsible for coordinating or performing any tasks requested by the Owner’s insurance company, including but not limited to inspections, maintenance, repairs, documentation requests, or claim filings, unless such tasks are directly related to immediate health and safety concerns or are expressly required by law. The Owner is solely responsible for managing all communications and compliance matters with their insurance provider, including scheduling inspections, responding to underwriting requests, and addressing policy-related deficiencies. Ember Realty will not assist in filing or processing insurance claims of any kind, nor will it act as a liaison between the Owner and the insurance company. Ember Realty also will not provide documentation or facilitate access for insurance adjusters, inspectors, or contractors unless directly authorized in writing and compensated appropriately. Any attempt to assign responsibility to Ember Realty for insurance-related matters outside its management duties shall be deemed null and void. Owner is advised to ensure that their insurance policies and providers do not require third-party property managers to fulfill any obligations beyond the scope of this Agreement.

 

18. COMMUNICATIONS AND NOTICES

18.1. General Communications

For all non-emergency communications, including maintenance requests, document submissions, and other inquiries, Owners must submit their requests through the Owner Portal. This ensures that all requests are properly documented and can be processed promptly. Any requests made via text message or phone call may not be followed up on or could be subject to delays, as these forms of communication are not considered official or in writing. To ensure efficient handling of all matters related to the Property, Owners are strongly encouraged to use the designated communication channels outlined above.

18.2. Email Communication

The Owner agrees to allow Ember Realty to send notifications and communications via email and must provide Ember Realty with a valid email address.

18.3. Vacation & Emergency Information

The Owner must notify Ember Realty if they will be on an extended vacation or otherwise unavailable and provide alternative emergency contact information during this period.

18.4. Reports, Notices, and Signs

Ember Realty will comply with all applicable federal, state, and local laws requiring the delivery of reports, notices, or the posting of signs related to the Property. Written notices required under this Agreement shall be sent via certified mail with return receipt requested or by email to the addresses listed in the Service Order Form unless otherwise agreed by the Parties. Notices sent by certified mail will be considered received three (3) calendar days after being deposited with the United States Postal Service (USPS). Notices emailed will be deemed received upon successful transmission unless a delivery failure is reported.

 

19. DISPUTE RESOLUTION, JURY WAIVER, AND ATTORNEY FEES

19.1 Good-Faith Resolution

The Parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through good-faith discussions. Either Party may initiate this process by providing written notice describing the nature of the dispute. The Parties shall have fourteen (14) calendar days from receipt of such notice to attempt resolution, unless immediate legal action is necessary to enforce payment obligations or prevent irreparable harm.

19.2 Mediation

If the dispute is not resolved through good-faith discussions, the Parties agree to submit the matter to non-binding mediation before a neutral mediator mutually selected by the Parties. Mediation shall occur in the county where the Property is located unless otherwise agreed in writing. Mediation shall be completed within thirty (30) days of initiation unless extended by mutual agreement. Each Party shall bear its own costs, and mediation fees shall be shared equally.

19.3 Binding Arbitration

If mediation does not resolve the dispute, the matter shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules, or by another arbitrator mutually agreed upon by the Parties. Arbitration shall be conducted in the county where the Property is located unless otherwise required by law. The arbitrator shall have authority to award all remedies available under applicable law, and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. If the AAA is unavailable or unwilling to administer the arbitration, the Parties shall mutually select a comparable arbitration forum, and the arbitration requirement shall otherwise remain enforceable.

19.4 Excluded Claims and Immediate Legal Action

Notwithstanding the foregoing, Ember Realty may pursue immediate legal action in a court of competent jurisdiction without mediation or arbitration for: (a) unpaid fees or amounts owed under this Agreement; (b) enforcement of indemnification obligations; (c) injunctive or equitable relief necessary to protect legal rights or prevent harm; or (d) claims that applicable law expressly exempts from arbitration.

19.5 WAIVER OF JURY TRIAL

TO THE FULLEST EXTENT PERMITTED BY LAW, THE OWNER AND EMBER REALTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. IF A CLAIM PROCEEDS IN COURT AS PERMITTED HEREIN, IT SHALL BE DECIDED BY A JUDGE.

19.6 Waiver of Class and Representative Actions

All disputes shall be resolved on an individual basis only. The Parties waive any right to bring or participate in any class, collective, representative, or consolidated action. Relief may be awarded only to the individual Party seeking relief. If this waiver is found unenforceable as to a particular claim, that claim shall proceed in court on an individual basis only, and the remaining provisions of this Section shall remain in full force and effect.

19.7 Attorney Fees and Costs

In any action, arbitration, or proceeding arising out of or relating to this Agreement, the prevailing Party shall be entitled to recover reasonable attorney fees, court costs, arbitration costs, and expenses, including fees incurred in enforcement or on appeal.

19.8 Time to Bring Claims

Any claim arising out of or relating to this Agreement shall be brought within the time period permitted by applicable law. To the extent a contractual limitation period is enforceable, the Parties agree that claims should be asserted promptly to allow for efficient resolution. This provision shall be enforced only to the extent permitted by law.

19.9 Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any court proceeding permitted under this Section shall be brought in the state and county where the Property is located.

 

20.  GENERAL TERMS AND DISCLOSURES

20.1. Agency Relationships

Ember Realty agrees to act as the Owner’s Agent in any resulting lease or rental transaction involving any property covered by this Agreement. It may be necessary or appropriate for Ember Realty to act as Agent of both Owner and tenants or one or more additional parties in any resulting lease transaction, in which case Ember Realty will seek the Owner’s consent to Ember Realty’s representation of additional parties as soon as practicable: However, if Ember Realty is the listing Agent and Agent for a different property in which a tenant is interested, Owner understands that Ember Realty may act as Agent of that Tenant and another property owner concerning a transaction involving that other Property: For one-to-four-unit residential Property, Ember Realty shall provide agency relationships disclosure as required by law.

20.2. LIMITATION OF LIABILITY

EMBER REALTY ASSUMES NO LIABILITY FOR ANY DAMAGES, LOSSES, OR OMISSIONS CAUSED BY THE TENANT, NOR FOR ANY ACTS OR OMISSIONS OF THE OWNER, PREVIOUS OWNERS, PRIOR PROPERTY MANAGEMENT COMPANIES, OR THEIR AGENTS. EMBER REALTY IS NOT RESPONSIBLE FOR LOSS OF RENTAL INCOME, PROPERTY DAMAGE, OR LIABILITY RESULTING FROM TENANT ACTIONS, NATURAL DISASTERS, VANDALISM, THEFT, OR OTHER EVENTS BEYOND ITS CONTROL. ADDITIONALLY, EMBER REALTY SHALL NOT BE HELD LIABLE FOR LEGAL OR REGULATORY NON-COMPLIANCE CAUSED BY THE OWNER’S FAILURE TO DISCLOSE REQUIRED INFORMATION, MAINTAIN ADEQUATE INSURANCE, OR ADHERE TO APPLICABLE LAWS. VIOLATIONS OF ENVIRONMENTAL OR OTHER REGULATIONS DISCOVERED DURING THE TERM OF THIS AGREEMENT WILL BE REPORTED TO THE OWNER, WHO SHALL BEAR FULL RESPONSIBILITY FOR RECTIFYING THEM. EMBER REALTY SHALL NOT BE HELD LIABLE FOR DAMAGES, LOSSES, OR LIABILITIES INCURRED BY THE OWNER, TENANTS, OR THIRD PARTIES, EXCEPT IN CASES OF GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT BY EMBER REALTY.

20.3. HOLD HARMLESS

THE OWNER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EMBER REALTY, ITS AGENTS, EMPLOYEES, AND ALL PERSONS ASSOCIATED WITH EMBER REALTY’S FIRM FROM ALL COSTS, EXPENSES, SUITS, LIABILITIES, DAMAGES, ATTORNEY FEES, AND CLAIMS OF ANY KIND. THIS INCLUDES BUT IS NOT LIMITED TO, CLAIMS ARISING FROM INJURY OR DEATH OF ANY PERSON OR DAMAGE TO REAL OR PERSONAL PROPERTY, INCLUDING THE OWNER’S PROPERTY, RESULTING FROM REPAIRS PERFORMED BY THE OWNER OR CONTRACTORS HIRED DIRECTLY BY THE OWNER, PROPERTY MANAGEMENT ACTIVITIES CONDUCTED BY EMBER REALTY OR ITS ASSOCIATES, OR THE CONDITION AND MAINTENANCE OF THE PROPERTY, INCLUDING STRUCTURAL DEFECTS, SAFETY ISSUES, OR NON-COMPLIANCE WITH REGULATIONS. THE OWNER ALSO ACCEPTS FULL LIABILITY FOR ANY NEGLIGENCE, OMISSIONS, OR FAILURE TO MAINTAIN REQUIRED INSURANCE, PROVIDE ADEQUATE REPAIR FUNDING, OR COMPLY WITH APPLICABLE LAWS. ADDITIONALLY, THE OWNER IS RESPONSIBLE FOR ANY CLAIMS RELATED TO TENANT ACTIONS OR BEHAVIOR, INCLUDING PROPERTY DAMAGE, THIRD-PARTY INJURIES, OR RENT NONPAYMENT, EXCEPT WHERE SUCH CLAIMS ARISE SOLELY FROM EMBER REALTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. EMBER REALTY SHALL NOT BE HELD LIABLE FOR LOSSES, DAMAGES, OR LIABILITIES CAUSED BY FACTORS BEYOND ITS CONTROL, INCLUDING TENANT BEHAVIOR, NATURAL DISASTERS, OR MARKET CONDITIONS.

20.4. Force Majeure

Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, pandemics, government orders, or other unforeseeable events. The affected Party shall promptly notify the other Party and take reasonable steps to mitigate the impact. If such an event continues for over thirty (30) days, either Party may terminate this Agreement immediately by written notice.

20.5. Confidentiality

Ember Realty agrees to maintain the confidentiality of all sensitive and proprietary information provided by the Owner or obtained while managing the property. This includes but is not limited to financial information, tenant details, and property-related documentation. Ember Realty will not disclose such information to any third party without the Owner’s prior written consent, except as required by law or necessary to perform the duties outlined in this agreement. Similarly, the Owner agrees to maintain the confidentiality of any proprietary methods, processes, or tools Ember Realty uses to perform its services. Both parties acknowledge that any breach of confidentiality may result in legal or financial consequences and agree to take reasonable steps to prevent unauthorized access or disclosure of confidential information.

20.6. Waiver of Rights

Either Party’s failure to exercise any right, power, or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege or the exercise of any other right, power, or privilege.

20.7. Severability

If any provision of this Agreement is deemed ineffective or invalid, the remaining provisions will be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified,’ altered, or changed except in writing. This Agreement and any supplement, appendix, or modification, including any copy, may be signed in two or more counterparts, all of which shall constitute the same writing.

20.8. Time of Essence

The parties hereby agree that time is of the essence with respect to the performance of each of the parties’ obligations under this Agreement. The parties agree that if any date on which performance is to occur falls on a Saturday, Sunday, or State or Federal holiday, then the time for such performance shall be extended until the next business day thereafter occurring.

20.9. Electronic Signatures

By electronically signing this Agreement, the Owner agrees that their electronic signature is the legal equivalent of their manual signature. The Owner consents to using electronic communications, records, and signatures instead of paper documents and physical signatures.

 

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