TCS Property Management Terms and Conditions

General Company Overview

1. Company Role and Relationship

TCS Management Services (“TCS,” “we,” “our,” or “us”) operates as a third-party, scattered-site property management services provider. We serve strictly as a licensed management agent acting on behalf of individual property owners (“Landlords”) who have engaged TCS under a written Property Management Agreement.

• TCS is not a landlord, owner, or lessor of any property it manages.
• Tcsmgt.com functions under applicable state real estate commission laws in the jurisdictions where services are offered and rendered.

2. Role and Limitations

TCS Management Services acts solely as an agent for Landlords to facilitate communication, administration, and operational support for rental properties.

• TCS does not own, lease, or sublease any property under its management.
• TCS does not authorize, approve, or fund any maintenance, repair, or improvement work unless specifically directed in writing by the Landlord.
• Tenants understand that all property-related decisions—including repairs, rent adjustments, renewals, or refunds—are made at the discretion of the Landlord.

SMS Terms & Conditions

By providing your phone number and opting in, you agree to the following terms provided by TCS Management Services:

• Message Types: You will receive SMS messages related to scheduling meetings, property updates, portfolio and investment communications, and follow-ups regarding property management requirements.
• You can cancel the SMS service at any time by texting “STOP”. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
• If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at info@tcsmgt.com.
• Carriers are not liable for delayed or undelivered messages.
• As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive weekly messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
• If you have any questions regarding privacy, please read our privacy policy: https://www.tcsmgt.com/privacy-policy/

Legal Responsibility and Indemnification

3. Basis of Relationship

TCS Management Services / TCS MGT LLC (“TCS”) operates solely as a third-party property management companyacting in an agency capacity for individual property owners (“Landlords”). TCS does not own, lease, or sublease any of the properties it manages and does not act as a landlord or principal in any lease, rental, or sale transaction.

4. Agency Relationship

By engaging TCS, the Landlord expressly acknowledges and agrees that TCS serves only as the agent of the Landlord, authorized to perform certain management, administrative, and communication functions on the Landlord’s behalf. All decisions related to tenant selection, lease approval, maintenance authorization, and financial obligations remain the sole responsibility of the Landlord.

5. Landlord Indemnification

The Landlord agrees to defend, indemnify, and hold harmless TCS Property Management, TCS MGT LLC, their officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, demands, or expenses (including reasonable attorney’s fees) arising out of or related to:

• The ownership, condition, or use of the property;
• Any acts, errors, or omissions of the Landlord;
• Any lease disputes, habitability claims, or tenant complaints; or
• Any failure by the Landlord to comply with applicable laws, ordinances, or regulations.

6. No Assumption of Liability and No Warranty

TCS assumes no liability for losses, claims, or damages resulting from the Landlord’s acts or omissions, nor for any delays or failures caused by circumstances beyond its reasonable control.

• TCS provides its services “as is” and makes no warranties, express or implied, regarding the condition, safety, or suitability of any managed property.
• Under no circumstances shall TCS be held liable for property damages, loss of income, or personal injury occurring at managed properties.

7. Compliance with Laws (General)

TCS operates in compliance with all applicable state real estate commission laws. Landlords are responsible for ensuring their own compliance with federal, state, and local landlord-tenant laws, including licensing, habitability, and fair housing requirements.

Security Deposit Terms and Conditions

8. Deposit Custody and Control

TCS Property Management / TCS MGT LLC (“TCS”) does not hold, manage, or control tenant security deposits on behalf of any landlord or tenant.

• All security deposits are held directly by the property owner (Landlord) in accordance with applicable state and local landlord-tenant laws.

9. Custody of Funds

In compliance with state real estate regulations, all required security deposits must be maintained in a separate escrow or trust account established by the Landlord at a licensed financial institution. TCS does not have access to, nor any fiduciary control over, these accounts.

10. Landlord Responsibility and Disputes

The Landlord remains solely responsible for the receipt, safekeeping, accounting, and lawful return or forfeiture of any security deposit funds.

• Any disputes, deductions, or claims regarding a tenant’s security deposit are strictly between the Landlord and Tenant.

11. TCS Role and Compliance

TCS may assist with communication and documentation for administrative purposes; however, such assistance does notimply or establish possession, control, or liability for the funds. Landlords are expected to comply with all regulations governing the collection, holding, and return of security deposits.

Rental Application Terms & Conditions

12. Role in Application and Leasing

TCS acts solely as a licensed management agent. TCS does not select or approve tenants; we only collect, process, and present applications to the Landlord for independent review and decision-making.

• The final decision to approve, deny, or conditionally accept any applicant rests exclusively with the Landlord.
• TCS complies fully with the Fair Housing Act and other consumer protection laws, ensuring applications are processed in a fair and non-discriminatory manner.

13. Applicant Responsibility and Screening Fees

Applicants should review all criteria before submitting. Once submitted, application fees and credit screening fees are non-refundable, as they cover third-party screening costs.

• Application screening may include credit history, background checks, employment verification, and rental history.

Credit Card & Electronic Payment Policy

Applies To: All Tenants, Residents, and Authorized Rent Payers

14. Purpose and Accepted Payment Methods

This policy outlines accepted payment methods for rent and related fees. TCS accepts: Online Credit/Debit Card Payments, ACH / Electronic Bank Transfers (E-Check), Certified Funds, and pre-approved Rent Assistance Programs.

• Personal checks and cash payments are not accepted at TCS offices unless specifically authorized.

15. Credit Card Payment Terms

• A convenience fee (typically between $2.95\%$ – $3.5\%$) will be automatically applied to all credit and debit card transactions. This fee is charged by the payment processor and is non-refundable.
• TCS does not absorb or waive credit card convenience fees.

16. ACH / E-Check and Late Payments

• Returned ACH payments due to insufficient funds or incorrect account information will result in a $50 returned payment fee, plus any applicable late fees.
• Rent is considered late after 5:00 PM on the 4th day of the month.

17. No Chargebacks Policy and Refunds

Rent payments made via credit or debit card are final and non-reversible. Residents expressly agree not to initiate chargebacks or payment disputes.

• Rent and associated payments are non-refundable once processed.

18. Security and Privacy

All payment data is processed through a PCI-DSS compliant payment processor. TCS does not store or retain tenant credit card or banking details internally.

Electronic Communications Terms & Conditions

19. Consent and Platforms

By engaging TCS services, you consent to receive and send communications electronically (e.g., rent reminders, maintenance updates, policy announcements). This includes communications via AppFolio, email, text messaging (SMS), and telephone calls.

• You acknowledge that electronic communications from TCS satisfy any legal requirement that such communications be in writing.

20. Responsibilities and Limitations

Users must ensure contact information in the AppFolio portal is accurate and current.

• TCS is not responsible for communication failures due to incorrect contact information, system outages, spam filtering, or user inaccessibility.
• For maintenance, all requests should be submitted through the AppFolio portal.

General Website Use and Legal Provisions

21. Website Use and Indemnification

Use of tcsmgt.com and related platforms signifies agreement to these Terms.

• By using TCS services or the website, you agree to indemnify and hold harmless TCS Property Management, its affiliates, officers, and agents from any claims, damages, or losses arising from breach of contract, misuse of the website, or any action of the Landlord or Tenant.

22. Governing Law and Amendments

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, unless services are rendered in another state, in which case that state’s real estate regulatory laws shall apply.

• TCS reserves the right to modify or update these Terms and Conditions at any time.