AGREEMENT. Subject to the terms and conditions of this Agreement (“Agreement”), Texas Eviction LLC (“TELLC”) agrees to perform tenant eviction services, from time to time, during the term of this Agreement as set forth herein and as requested by Landlord.
TERM. This Agreement shall be effective beginning the date of order and shall terminate following the justice court trial, unless Landlord has paid for additional post-judgment services, in which case, it shall terminate upon completion of such services. Termination of this Agreement shall in no way release Landlord from any sum, debt or other obligation, including any duty to defend and/or indemnify TELLC, incurred or arising prior to such termination.
MONEY BACK GUARANTEE. TELLC will refund all fees collected from Landlord in connection with a non-payment of rent or a holdover eviction matter that results in judgment granting possession to the tenant so long as: i) the TELLC notice to vacate form is used; ii) Landlord timely delivers a copy of all documents necessary to prosecute the eviction; iii) TELLC files the petition for eviction; iv) a TELLC representative exclusively communicates at the justice court trial; and v) Landlord has not entered into a contract for deed with the tenant or similar agreements that puts title in issue. Third party costs will not be refunded. If the justice court grants possession to the Landlord, TELLC will not refund any money to Landlord. If the Tenant appeals the justice court judgment to the county civil courts at law, TELLC will not refund any money to Landlord.
ACCURACY. Landlord represents and warrants that the documents provided to TELLC are true, correct, accurate and authentic to the best of Landlord’s knowledge and that the person’s signatures are who they purport to be. Landlord is not aware of any physical condition on the premise that poses a health or safety risk to the occupant(s) of the Property that is the subject of eviction services.
FEES. Landlord understands and acknowledges that any and all fees and third party costs paid in connection with a notice to vacate are nonrefundable. TELLC will refund unpaid third party costs and its eviction fees, less a $40 cancellation fee, if TELLC receives a written cancellation via email to firstname.lastname@example.org within seventy-two (72) hours of Landlord’s order for eviction services. Otherwise, Landlord and TELLC understand and agree that all fees and costs paid by Landlord are nonrefundable.
CREDIT CARD PROCESSING. Landlord warrants that the credit information submitted is true, accurate, and appears in the name as stated. Landlord warrants that they have authority to use the credit card provided and authorize the charges processed by TELLC.
INDEMNITY. Landlord agrees to defend, indemnify and hold TELLC harmless from and against any and all claims, actions, suits, costs, expenses (including attorney’s fees), damages and liabilities for injury or death to persons or loss or damage to property, arising out of or related to the Property or eviction services performed pursuant to this Agreement, including costs, expenses, and attorney’s fees incurred by TELLC.
EVICTION APPEALS. If Landlord engages the additional eviction appeal services of TELLC, Landlord hereby consents to an expansion of TELLC’s agency authority. At or before an eviction appeal hearing, TELLC may work with Landlord’s attorney to negotiate and settle claims for possession and damages within TELLC’s reasonable discretion so long as it obtains possession and a damage award in excess of any money held in the County Court registry.
LIMITATION OF LIABILITY. Given the limited scope of services, TELLC shall not be liable for damage to the Property, personal injury, or consequential damages arising out of eviction services performed under this Agreement. In no event shall TELLC, its members, managers, employees, agents, attorneys, insurers, affiliates, successors, or assigns be liable for: i) incidental, indirect, special or consequential damages (including loss of profits or production), whether suffered by Landlord or any third party, no matter the cause; or, iii) any amount in excess of the amount TELLC receives from Landlord as payment under this Agreement.
ADVERTISING. Landlord hereby authorizes TELLC and its members, managers, employees, agents, and affiliates, to disseminate Landlord’s contact information to services providers who TELLC reasonably believes could assist Landlord with their real estate. This authorization does not apply to property management companies.
ATTORNEY’S FEES. TELLC shall recover from Landlord any and all reasonable and necessary attorney’s fees incurred in connection with enforcing this Agreement or redressing a breach thereof.
CHOICE OF LAW; CONSTRUCTION. This Agreement shall be governed by the laws of the State of Texas. There shall be no presumption or inference against the party drafting this Agreement in construing or interpreting its provisions. Any provision of this Agreement, or portion thereof, held to be void or unenforceable under applicable law, shall be deemed stricken and all other provisions, as well as the other portions of the provision at issue shall continue to be valid and binding on the parties. This Agreement constitutes the entire agreement between the parties with regard to its subject matter, superseding all prior negotiations and agreements, and shall not be amended, altered or changed except in writing signed by both parties.
Arbitration. Any dispute(s) arising under this Agreement and/or in any way relating to the provision of EVICTION services by TELLC or any of its employees, officers, agents, assigns, corporate parents, subsidiaries, affiliates, or successors, including any disputes or claims arising from or relating to the services provided and/or representations made by entities or individuals in connection therewith, or any action taken by TELLC to recover attorney’s fees or expenses associated with this Matter, shall, after the timely filing of a notice of demand, be resolved by binding arbitration in Houston, Harris County, Texas, under the Commercial Rules of the American Arbitration Association in effect as such time, before a three member panel, costs split evenly by TELLC and LANDLORD. The parties hereto expressly agree to evenly divide the costs in connection with the three member arbitration panel, and each party shall bear its own attorney’s fees and costs in connection with such Matter. TELLC and LANDLORD also expressly agree that the Federal Arbitration Act (FAA) shall supersede and override the Texas Arbitration Act (TAA), and that any ruling by the Arbitration panel may be submitted to any Texas state court of competent jurisdiction for enforcement thereof, if the losing party fails to satisfy an adverse award within ten (10) business days. LANDLORD acknowledges and agrees that submitting arbitration waives the right to a jury trial.