Terms & Conditions for Landlord Protection Systems

For the purposes of this agreement, APG is defined as Assurance Protection Group, LLC , its contractors, consultants and subsidiaries. A Landlord is defined as any authorized agent of a property or companies which are submitting applications for APG Services and Protection Plans. The Property is defined as the facilities and or companies providing rental housing for the Tenants of the Landlord which are submitting applications for APG services and Protection Plans. Tenants are defined as the Leasee’s who have executed a lease agreement with a Property and or Landlord which have applied for APG Services and Protection Plans.

The Landlord agrees to provide immediate information to APG regarding changes in ownership, address, contact persons names, contact telephone numbers, email addresses, or any other pertinent information about themselves, their Company, and/or the Property. In the event that the ownership to a Property changes, the APG Service and Protection Plans which are active within that property may pass to the new Landlord free of charge. APG requires 30 days written notice (via the Contact Us tab on the website) of a Landlords intent to change the ownership of a property. APG shall confirm receipt of this notice in writing via email.

The Landlord agrees to obtain and maintain in its records copies of the following information on each guaranteed Tenant and provide this information to APG in the event of a breach or default of the lease agreement:

1. Valid & current photo identification copy that is legible.
2. Complete Lease agreement.
3. A legible record of each breach or default of the lease and a documented itemized record of the fees, penalties & damages.
4. The record of each court filing, modification, hearing and judgment and all pertinent documentation related to the case.
5. Written authorization (using the Tenant Authorization Form only) from the Tenant authorizing Landlord/Owner/Manager to hire or use APG to run complete background checks on the credit, criminal, litigation, residential, employment and personal history of the Tenant.
6. Check stubs, bank statements or 3rd party verified written documentation prior to move in showing Year to date (YTD) income for the previous12 months. This income must add up to the stated income on the APG Prospective Resident Application.
7. Any Tenant applications.
8. Any other pertinent information you think may be helpful.
9. Verification Worksheet & backup documentation (see Tenant Verification Worksheet).

The Landlord agrees to follow all of the instructions for our systems. It is understood and agreed that Service and Protection Plans will not be applied for by the Landlord or their authorized agents for default or evictions involving any and all pre-existing or known default conditions involving any Tenant.

Landlord hereby agrees to follow all Collections Requirements with APG as follows:

1. Landlord must notify APG via the Report a Breach/Default Form on the 6th of the month for all late paying Tenants.
2. Landlord agrees to update APG via the Report a Breach/Default Form throughout the month for any noteworthy developments regarding each late paying Tenants status.
3. Landlord must notify APG immediately (within 24 hours) via the Report a Breach/Default Form when filing eviction or default suits against any Tenant in a Service and Protection Plan system.

It is understood that APG will forward the monetary judgment amount awarded by a court of competent jurisdiction not to exceed the guarantee amount to the Landlord via U.S. Mail within 30 days of receipt of the above listed information. In the event of a dispute concerning guarantee amount payments it is understood that additional time for payment may be required.

Once the Landlord files for any and all eviction or default suit(s) with the court it shall notify APG immediately and agrees to assign its right to collect on the default, breach and or monetary judgment to APG (see Judgment Assignment Form). On any amounts collected, APG shall be entitled to recover 100% of any amounts paid to the Landlord for the Protection Plan Guarantees first. APG shall be entitled to retain collection expenses from any amounts collected in addition to retaining the guaranty that has already been paid to the Landlord. It is understood and agreed, that once the Landlord has notified APG that they have filed for eviction, APG’s collections network will undertake substantial expense in the collection of the funds that are due. Therefore, in the event that the debtor Tenant makes any payment of any kind whatsoever to the Landlord, the Landlord agrees that such payment will be forwarded in full to the designated APG Collections Network Licensed Representative. In the event that this takes place, the Landlord agrees to contact APG via the contact us option on the website, and receive mailing instructions in writing via email from APG to the proper mailing address. Upon receipt of these funds, the APG Licensed Collections representative will then properly disperse the funds to the Landlord, any APG Collections Network Contractors and to APG.

The Landlord agrees that they shall receive their first month's rent from a new Tenant prior to activating a Protection Plan. When activating Service and Protection Plans for existing Tenants, the Landlord agrees that they shall be responsible for obtaining the first 30 days of rent beginning at the activation of any Protection Plan. Any suit for eviction or default will not be filed by the Landlord against the Tenant for 30 days beyond the breach of lease. This period is for the purpose of giving the Resident the opportunity to voluntarily correct the breach/default or pay any fees or charges stipulated in the lease. This period is also for the purpose of allowing the APG collection systems the ability to attempt collection prior to legal action. If exigent circumstances arise which may cause the Landlord the need to file suit for eviction or default before the 30 day period. Landlord shall seek written permission from APG by return email to initiate legal proceedings before this time. These communications shall take place through the breach/default or update report. Landlord agrees to provide immediate notice of any breach or default of their lease agreement to APG via then Report a Breach/Default form. Landlord agrees to permit APG or its representatives to contact Landlord's Attorney to discuss any matters pertaining to any eviction or default proceedings. Landlord hereby waives its Attorney/Client privilege applicable to these matters. Landlord hereby agrees to make themselves or their employees available to APG and its representatives to answer any questions APG may have regarding each case. Landlord hereby agrees to obtain written authorization from the Tenant using the APG Tenant Authorization Form, giving the Landlord and APG as a service hired by the Landlord, the right to conduct any and all background checks, criminal history, credit history and any other personal verifications relating to the tenants residential or work history.

APG will not be liable under any circumstances and the Service and Protection Plans do not include, guarantees on defaults or evictions caused by the Landlord or the Authorized Agents failure to comply with the laws and regulations of competent jurisdiction. APG and its Service and Protection Plans will not be liable for any claim arising from material misstatement, material misrepresentation, material omission or any act of fraud by Landlord or Authorized Agent.

Business hours for APG shall be Monday through Friday from 9:00AM to 5:00PM Central Standard Time.

In the event of a legal dispute between Landlord and APG it is hereby agreed that legal venue will be in St. Louis County, Missouri. In the event of a dispute between APG and Landlord it is agreed that APG will have no greater liability than the guarantee amount purchased by the Landlord. The Landlord and APG hereby agree to use arbitration or mediation services to settle any disputes arising from the relationship. Any arbitration or mediation proceedings shall take place in St. Louis County, Missouri. Nothing in this agreement shall remove the Landlords responsibility to follow all applicable state and federal laws regarding security deposits, fees, rental amounts or any other requirements mandated by law. APG reserves the right to deny any applicant Landlord or Resident. APG also reserves the right to offer or deny the protection plans and or the amounts of guarantees for these plans and services it deems appropriate. APG may require default management plans as a required service in addition to the Protection Plans. It is understood and agreed that Landlord shall purchase this required service in order to activate the Protection Plans.

All monthly service fees are due and payable on the due date every month. The due date is defined as the date of which each Service and Protection Plan is activated or the business day before that date in the case of a month without the actual activation date. The Landlord will have a 5 day grace period to make all payments. If payments are not received by 12:00 midnight on the 5th day past the due date the plans and services provided by these fees will automatically terminate. If the Landlord has been accepted for the preferred billing plan, payments must be received by 12:00 midnight on the agreed upon deadline date past the due date (terms will be specified in the preferred billing plan agreement) or the services , plans and guarantees will automatically terminate. In order to reactivate these plans the Landlord will be required to reapply for each protection plan and service. Payments that do not go through or clear due to credit/debit card denial, insufficient funds, NSF, closed accounts or any other cause will be considered non payments. Monthly payments will continue to be due until final judgment has been made and all required information has been submitted to APG.

If any section, items or meaning in this document are found to be unenforceable or illegal by any court of competent jurisdiction the remaining meanings, or items in this document shall remain in effect and enforceable.

All of the agreements between APG and the Landlord are on a month to month basis. The agreement can be terminated by either party with or without notice without any liability for so doing. If Landlord or APG terminates any of these services, all Protection Plan Guarantees will immediately terminate as well.