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Law Pro
Law Pro, Attorney
Category: Legal
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Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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Is an Evergreen Clause legal in Texas I have a service contract

Resolved Question:

Is an Evergreen Clause legal in Texas? I have a service contract with a waste company whose initial term expired four months ago. (initial contract was three years). I want to cancel the contract but the company is telling me I have to wait until the automatic one year renewal term expires. Also, I have to provide a sixty day written notice of cancellation prior to the expiration of the automatic renewal term.
Submitted: 6 years ago.
Category: Legal
Expert:  Law Pro replied 6 years ago.

I hate to say it but, yes, they are legal. So you have to give yourself a reminder or place a tickler on your calendar to remind yourself to cancel the service.


Too, you can state that now that your terminating the contract at the end of this year - they can't hold you to some small window of opportunity to cancel if you want to cancel now.

Law Pro and 4 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thanks for the quick response. Your last sentence was an eye opener. I was told I could not give notice 9 months prior to the contract expiration date in anticipation of cancelling services. Now I know I can...
Expert:  Law Pro replied 6 years ago.
Yes, they are held to being given proper notice even if you give it to them outside of their little window of opportunity.

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