Despite our best efforts to screen and approve quality tenants, legal action sometimes becomes the only choice available to enforce the terms of the lease agreement. Evictions are most often the result of nonpayment of rent, though they are also initiated for other violations of the lease or Landlord Tenant Act – unauthorized occupants or pets, criminal acts, use, manufacture or sale of illegal drugs, nuisance violations and other material breach of lease. When legal eviction becomes necessary, state law requires an attorney (or the owner) to appear in court.
Under the Eviction Protection Plan (EPP), Broker will pay the cost of all copy charges, filing fees, process server fees, attorney fees, court costs, the costs of Broker or Broker’s representative to appear in court if requested in connection with any “Special Detainer Action” or “Forcible Entry and Detainer” case filed to enforce tenant compliance with their obligations under the lease agreement. If a Writ of Restitution is required to enforce the legal order for possession; the court and attorney fees for such are also covered under this agreement.
Owner understands that this agreement does not cover the cost of a jury trial or appeal (an extremely rare occurrence), lost rent, damages to property, owner time or expense reimbursement or costs associated with a Writ “lock out” and to move or store belongings if necessary. Tenants not placed by Broker are excluded from coverage. If Owner enters into a lease agreement with a Tenant and Broker advised against such, that tenancy is excluded from coverage. Any monies recovered from tenant shall first be applied to amounts due Broker, after which any remaining shall be applied to expenses of Owner under this agreement.
This plan is billed annually based on lease start date. The plan will automatically renew at tenant renewal or new lease start, unless 30 days prior written notice is provided by Owner.