AGREEMENT. Subject to the terms and conditions of this Agreement (“Agreement”), Eviction Legally Inc. (“ELI”) 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. We are a Legal Document Preparation company not a Law firm and this website is for informational purposes only. This website is not intended to create, and does not create, an attorney-client relationship. Sending a question or comment via e-mail, voice mail, fax, SMS, MMS or any other means does not create an attorney-client relationship. Use of this website is not intended to create in any party any rights whatsoever. You should not rely on this website alone for making decisions regarding your legal matters, as that requires an analysis of your specific facts in the context of existing law. It is recommended that you seek legal counsel for such matters.

 

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 ELI, incurred or arising prior to such termination.

 

CREDIT CARD PROCESSING. Landlord declares that credit information provided to ELI is true, accurate, and appears in the name as stated.  Authorization is hereby given to ELI to use the card provided to ELI 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 ELI.  This authorization allows ELI 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 Eviction Legally Inc at 147 Prince Street, Brooklyn NY 11201.

 

MONEY BACK GUARANTEE. ELI 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 ELI notice to vacate form is used; ii) Landlord timely delivers a copy of all documents necessary to prosecute the eviction; iii) ELI files the petition for eviction; iv) a ELI representative exclusively communicates at the Civil 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 Civil court grants possession to the Landlord, ELI will not refund any money to Landlord.  If the Tenant appeals the justice court judgment to the county civil courts at law, ELI will not refund any money to Landlord.

 

ACCURACY. Landlord represents and warrants that the documents provided to ELI 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.  ELI 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 support@evictionlegally.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 ELI.  

 

INDEMNITY. Landlord agrees to defend, indemnify and hold ELI 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 ELI.

 

APPEALLATE AUTHORITY TO SETTLE. If Landlord engages the additional eviction appeal services of ELI, Landlord hereby consents to an expansion of ELI’s agency authority.  At or before an eviction appeal hearing, ELI may work with Landlord’s attorney (or an attorney hired by ELI for Landlord’s benefit) to negotiate and settle claims for possession and damages within ELI’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.  

 

LIMITATION OF LIABILITY. Given the limited scope of services, ELI 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 ELI, 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 ELI receives from Landlord as payment under this Agreement.  Landlord specifically hereby waives and releases ELI all liability arising out of the New York Deceptive Trade Practices Act.

 

ADVERTISING. Landlord hereby authorizes ELI and its members, managers, employees, agents, and affiliates, to disseminate Landlord’s contact information to services providers who ELI reasonably believes could assist Landlord with their real estate.  This authorization does not apply to property management companies. 

 

ATTORNEY’S FEES. ELI 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 New York.  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 ELI 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 ELI 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 New York, Kings County, New York, under the Commercial Rules of the American Arbitration Association in effect as such time, before a three member panel, costs split evenly by ELI 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.  ELI and LANDLORD also expressly agree that the Federal Arbitration Act (FAA) shall supersede and override the New York Arbitration Act (NYAA), and that any ruling by the Arbitration panel may be submitted to any New York 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.