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Questions Answered by William Vann Burkett
2 Answers | Asked in Landlord - Tenant for Alabama on
Q: We have a basketball goal on our porch and the landlord has stated that it has to be removed. The lease doesn't say

Anything about not being able to have one. She has also stated that my children aren't allowed to bounce a ball on the porch. I feel as though this is harassment and not legal. But I do not know

William Vann Burkett
William Vann Burkett
answered on Mar 14, 2024

Generally, the rights and duties of both the landlord and tenant are controlled by the lease agreement. However, Section 35-9A-302 allows a landlord to adopt and enforce rules and regulations regarding the conduct and use of the premises. So long as the rule falls within the statutory requirements... View More

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3 Answers | Asked in Real Estate Law for Alabama on
Q: Would a medical lien against my brother affect my half of the property we own together since I don’t owe them

He is in a nursing home and owes them money. They haven’t affected a lien against him but can or will they and will that affect my half of ownership if I sell it

William Vann Burkett
William Vann Burkett
answered on Mar 14, 2024

Generally, a lien will attach to only the interest of the person who incurred the debt. However, there are many different liens under Alabama Law. It is possible that the lien may receive some kind of legal preference. However, if the property is owned 50-50 and the property is sold, the lien... View More

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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: What are the proper steps to get my apartment complex to repair my heating system it’s been 3 weeks and not been fixed

I have put it down on my move-in checklist as well as other repairs. The building I was placed in hasn’t been worked on since I’ve been here, So the other apartments are not even properly move in ready as well.

William Vann Burkett
William Vann Burkett
answered on Dec 27, 2023

Landlords must repair health and safety issues and provide essential services under the Landlord Tenant Law. Generally, the statutes specify what you may sue for and what damages you can recover. The analysis is very situation specific. However, another option you may have is deliver a letter to... View More

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: Live in my family home but never changed deed over after my mum died. Property taxes went up 600$ more this year

Increase because homesteaders rights were took away even though I'm 68;but it hasn't been changed over to me. She's been dead 8-10 years now. Don't know if her will went through probate because my brother died after she did and he was executor. How do I get deed in my name or... View More

William Vann Burkett
William Vann Burkett
answered on Dec 27, 2023

You will likely need to file a quiet title action to get a deed to the property. This will involve suing any person that might have an interest in the property. The other option that might be available is to go through the probate process. This would likely need be done in the county where your... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: I have a personal judgment against me If I open a LLC with a partner will any assets that the new llc acquires
William Vann Burkett
William Vann Burkett
answered on Mar 14, 2024

LLC's are typically treated as separate legal "persons" under the law. While an LLC may provide valuable legal protection and tax advantages, they cannot be used to defraud or avoid paying debts. A court may treat each situation as unique and apply the doctrine of "piercing the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: If a person is living with someone and they are not on the lease how can I put them out
William Vann Burkett
William Vann Burkett
answered on Dec 27, 2023

This will likely require you to file an ejectment action. An ejectment action is similar to an eviction but involves some unique procedures and rules. You should contact a local lawyer to discuss what claims you may have.

1 Answer | Asked in Criminal Law, Landlord - Tenant and Personal Injury for Alabama on
Q: What can I do when a landlord asks for sex and touches me?

My landlord is an 82 year old gay male that ask me to let him perform oral sex on me. He also repeatedly touches me. I have told him I'm straight and to stop touching me countless times yet it still happens. What are my avenues to stop this other than moving as I'm in a bad spot and rent is cheap.

William Vann Burkett
William Vann Burkett
answered on Aug 15, 2023

Based on the facts that you are reporting, your landlord may be acting in violation of criminal statutes. Further, his conduct may give rise to several civil claims for assault, battery, or other torts. You should contact a local personal injury attorney to review your case and discuss your legal... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: We have signed a lease in the state of alabama for a townhouse that is newly built.

The problem is the landlord is trying to sell to a buyer even though the contract has already been signed and the lease starts in 11 days.

William Vann Burkett
William Vann Burkett
answered on Aug 15, 2023

Without reviewing the lease and the relevant documents it is impossible to give a complete answer. Generally, the buyer of a rental property will be subject to any valid leases signed before the transaction took place. This is dependent on the text of the relevant documents. You should contact a... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: If you inherit land that is currently on a farm lease(when parent was alive) is said lease valid when deed is in kids na
William Vann Burkett
William Vann Burkett
answered on Aug 15, 2023

Typically when land is transferred the new owner will take the land subject to the terms of an active lease. This is dependent upon the actual terms of the lease as there may be contingencies for the farming tenant. You should contact a local attorney to review the relevant documents, advise you... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for Alabama on
Q: Guardian and conservatee issues

Alright have a question. My dad passed away sadly in 2012 mind you I was a minor at the time I was left money as a child and my mother asked my lawyer if she could get us a house with it & so she did. She was my guardian I was the conservatee on the deed. I am now 23 years old, she has not... View More

William Vann Burkett
William Vann Burkett
answered on Aug 15, 2023

You likely need to contact a lawyer who can file a lawsuit to enforce the terms of the conservatorship or guardianship. A probate lawyer or general civil litigation attorney may be able to help you. While it is difficult to make a determination without a full review of all facts and circumstances... View More

1 Answer | Asked in Car Accidents for Alabama on
Q: I was involved in an accident 11/18/22. The other driver came in my lane going in the same direction at 70mph in Ms.

The police report said she was changing lanes and hit my car, ran my off the road. I’m in pain due to rheumatoid arthritis and plates and screws previously in both wrists. I live in Florence Al, the wreck occurred in Starkville Ms. Do I contact her insurance or what?

William Vann Burkett
William Vann Burkett
answered on Nov 21, 2022

You should contact a personal injury attorney immediately. Do not speak with an adjuster or insurance company until you have spoken with an attorney and received legal counsel. Based on the few facts that you report, it appears that the other driver is at fault. Any time there are significant... View More

1 Answer | Asked in Tax Law and Real Estate Law for Alabama on
Q: I have a tax lien on a property where the landowner has died. Would I be able to take possession of the vacant property?
William Vann Burkett
William Vann Burkett
answered on Nov 21, 2022

Tax liens can be handled in various ways throughout the State of Alabama. Because I do not know the county or city that you are in I cannot tell you which set of rules that your lien follows. It is very possible that you have a right to possession after purchasing the property at a tax sale but it... View More

1 Answer | Asked in Real Estate Law on
Q: Do I need a lawyer to add joint tenancy with right of survivorship to my house deed?
William Vann Burkett
William Vann Burkett
answered on Oct 7, 2022

This is a great question. While you may attempt to draft a deed yourself it is certainly not recommended. The language must be very specific to achieve your goal of adding survivorship rights. You should contact a real estate closing attorney who can draft a deed that will accomplish your goal.

1 Answer | Asked in Environmental, Real Estate Law and Civil Litigation for Alabama on
Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip

The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time.

Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750... View More

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: Unmarried couple on mortgage, now splitting. How to handle who gets house, buyout, or sell?

Domestic partnership of 6 years, 4 of those years in a house with mortgage. My name is the primary borrower, her’s is co-borrower. There was no pre-planned paperwork stating what would happen if/when a split occurred.

How does the process work for the one who stays and the one who leaves?... View More

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

You should contact a real estate attorney who handles partition or sale for division cases. If you are a co-owner of the house you may have a claim for partition. Such claims may be used to divide the equity in real property if the co-owner parties cannot reach an agreement to resolve their... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: I purchased a house and have found extensive water damage.

The home inspection defined an area of sheetrock that needed repair. The seller repaired that area, but the entire wall is wet and rotted. It is so bad that it literally rains in the house. Is there anything I can do?

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

You should contact an attorney who handles fraud and breach of contract claims. You may have a claim against the prior owners, home inspector, or contractor who repaired the wall. Because such claims are very fact specific, it is unclear whether you have a valid claim. You should contact an... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: I was served an ejectment for land I was renting from someone that has a mobile home I own sitting on it. What do I do?

B

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

You should contact a local attorney who can help you evaluate any defenses that you may have. An ejectment is similar to an eviction in that the landowner is trying to regain possession of his or her land. In Alabama, you generally have 30 days to answer a complaint the date of service. You... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: Is this a reasonable partition attorney's fee. Plaintiffs $6000. Attorney's fees $6850+$1,127. should it be 10% of sell?

State of Alabama. Settlement Offer to defendants: out of pocket: court cost $854; appraisal $750, publication fees $1127. Att fees: $6,850 (*1/2 customary 10% in partition case); Plaintiffs: $6,000. Total $15,581. The attorney did not assist defendants (provided names of heirs and appraisal) Why is... View More

William Vann Burkett
William Vann Burkett
answered on Aug 3, 2022

Alabama law typically allows the Plaintiff's attorney's fee and expenses to be paid from the proceeds of the sale. However, a judge may review objections and determine a reasonable fee for the Plaintiff's attorney. Because I do not know the specific facts of your case I cannot give... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: How do I submit a sale of division forms to the courts, are will I need an attorney to do so on my behalf.
William Vann Burkett
William Vann Burkett
answered on May 4, 2022

Partition or Sale for Division is a cause of action under Alabama Law. To accomplish a partition of real property, a lawsuit will need to be drafted and filed with the appropriate probate or circuit court. Such actions can be very complicated and having an attorney is highly recommended.

1 Answer | Asked in Real Estate Law for Alabama on
Q: A title company will not sign off on the sell of our property due to a siblings that has been out of reach for 20 yrs.

yes. Have a will, and in article 3 of the will it gives my brother the title of personal representatives for the estate. It also say that he is free from the control and supervision of the courts to make the decision on the estate. Now the title company says we need to file a sale of division... View More

William Vann Burkett
William Vann Burkett
answered on May 4, 2022

The title company may be correct. If the property did not move through probate and the title documents were not handled correctly it is possible that multiple people hold fractional ownership interests. If there is a will or other document that has the power to transfer title or create a form of... View More

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