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Jefferson County Owner’s Broker Indemnification

OWNER’S INDEMNIFICATION AND HOLD HARMLESS FOR TENANT EVICTIONS

Owner understands and acknowledges that the legal eviction process, known as “unlawful detainer” in Jefferson County, Alabama, is a civil court action that can be lengthy, unpredictable, and costly, even for legitimate causes. Eviction timelines and court schedules can take an estimated 30–60 days, and potentially longer if contested by the tenant.

Due to this prolonged legal timeline, tenants facing eviction may become uncooperative or cause intentional damage to the Property out of spite, anger, or frustration. To avoid these extended legal disputes, significant legal costs, and potential property damage, Broker may, at his sole discretion and with Owner’s best interests in mind, determine that offering the tenant a financial incentive to voluntarily vacate (“cash for keys”) is the most prudent course of action.

Owner agrees to indemnify, defend, and hold Broker completely harmless from any and all costs, expenses, claims, and liability arising from or related to the eviction process, including but not limited to:

  • Legal fees and court costs.
  • Fees for process servers and sheriff services.
  • Any settlement payments or “cash for keys” payments made to tenants to incentivize their voluntary vacation of the property.
  • Costs for cleaning, repairs, and restoration of the property to address damages, whether intentional or unintentional, caused by the tenant during or after the eviction process.
  • Loss of rental income and costs associated with re-leasing the property following a tenant’s departure.

This indemnification and hold harmless obligation shall not apply to any claims or losses caused by the Broker’s gross negligence or willful misconduct, as determined by a court of competent jurisdiction.