EVICTION SERVICES -
TERMS AND CONDITIONS
AGREEMENT. Subject to the terms and conditions of this Agreement (“Agreement”), Texas Eviction LLC (“CAIN & COMPANY REAL ESTATE LLC”) 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 CAIN & COMPANY REAL ESTATE LLC, incurred or arising prior to such termination.
CREDIT CARD PROCESSING. Landlord declares that credit information provided to CAIN & COMPANY REAL ESTATE LLC is true, accurate, and appears in the name as stated. Authorization is hereby given to CAIN & COMPANY REAL ESTATE LLC to use the card provided to CAIN & COMPANY REAL ESTATE LLC over the phone or online to pay the charges made. Further, Landlord authorizes the credit company to accept and to charge the account for purchases initiated by CAIN & COMPANY REAL ESTATE LLC. This authorization allows CAIN & COMPANY REAL ESTATE LLC to continue to use the credit card information, which shall remain in full force and affect unless Landlord revokes this authorization in writing sent certified mail return receipt requested to Texas Eviction LLC at 12335 Kingsride Lane #141, Houston, TX 77024.
MONEY BACK GUARANTEE. CAIN & COMPANY REAL ESTATE LLC 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 CAIN & COMPANY REAL ESTATE LLC notice to vacate form is used; ii) Landlord timely delivers a copy of all documents necessary to prosecute the eviction; iii) CAIN & COMPANY REAL ESTATE LLC files the petition for eviction; iv) a CAIN & COMPANY REAL ESTATE LLC 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 and out of pocket costs will not be refunded (e.g. filing fees, postage, etc.). If the justice court grants possession to the Landlord, CAIN & COMPANY REAL ESTATE LLC will not refund any money to Landlord. If the Tenant appeals the justice court judgment to the county civil courts at law, CAIN & COMPANY REAL ESTATE LLC will not refund any money to Landlord.
ACCURACY. Landlord represents and warrants that the documents provided to CAIN & COMPANY REAL ESTATE LLC 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. Landlord hereby consents to an additonal $50 charge for any additional court appearance that arises from undisclosed facts, unauthentic documents, or contracts for deeds.
REFUNDS. Landlord understands and acknowledges that any and all fees and third party costs paid in connection with a notice to vacate and/or eviction service are nonrefundable once requested. CAIN & COMPANY REAL ESTATE LLC reserves the right to refund unpaid third party costs, out of pocket costs, and/or its eviction fees on a case by case basis. All requests for cancellations should be in writing and emailed to service@texaseviction.com.
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 CAIN & COMPANY REAL ESTATE LLC.
INDEMNITY. Landlord agrees to defend, indemnify and hold CAIN & COMPANY REAL ESTATE LLC 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 CAIN & COMPANY REAL ESTATE LLC.
APPEALLATE AUTHORITY TO SETTLE. If Landlord engages the additional eviction appeal services of CAIN & COMPANY REAL ESTATE LLC, Landlord hereby consents to an expansion of CAIN & COMPANY REAL ESTATE LLC's agency authority. At or before an eviction appeal hearing, CAIN & COMPANY REAL ESTATE LLC may work with Landlord's attorney (or an attorney hired by CAIN & COMPANY REAL ESTATE LLC for Landlord's benefit) to negotiate and settle claims for possession and damages within CAIN & COMPANY REAL ESTATE LLC's reasonable discretion so long as it obtains possession and a damage award in excess of any money then held in the County Court registry.
ENGAGING AN ATTORNEY. If Landlord elects to continue using CAIN & COMPANY REAL ESTATE LLC though an appeal of a justice court judgment, Landlord must timely pay additional fees as shown on this website or a separate written agreement. CAIN & COMPANY REAL ESTATE LLC may engage any attorney who they reasonably believe will serve Landlord's interest at reasonable and necessary rates, including flat fees or contingency fees. This includes engaging attorneys that may have an ownership interest in Texas Eviction. Upon request, CAIN & COMPANY REAL ESTATE LLC will timely provide a true and correct copy of any fee agreement that CAIN & COMPANY REAL ESTATE LLC entered into for Landlord's benefit.
LIMITATION OF LIABILITY. Given the limited scope of services, CAIN & COMPANY REAL ESTATE LLC 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 CAIN & COMPANY REAL ESTATE LLC, 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 CAIN & COMPANY REAL ESTATE LLC receives from Landlord as payment under this Agreement. Landlord specifically hereby waives and releases CAIN & COMPANY REAL ESTATE LLC all liability arising out of the Texas Deceptive Trade Practices Act.
ADVERTISING. Landlord hereby authorizes CAIN & COMPANY REAL ESTATE LLC and its members, managers, employees, agents, and affiliates, to disseminate Landlord's contact information to services providers who CAIN & COMPANY REAL ESTATE LLC reasonably believes could assist Landlord with their real estate. This authorization does not apply to property management companies.
ATTORNEY'S FEES. CAIN & COMPANY REAL ESTATE LLC 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 CAIN & COMPANY REAL ESTATE LLC 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 CAIN & COMPANY REAL ESTATE LLC 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 CAIN & COMPANY REAL ESTATE LLC 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. CAIN & COMPANY REAL ESTATE LLC 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.