Mobile, AL asked in Real Estate Law and Landlord - Tenant for Alabama

Q: Can apartment complex violate the "Code of Alabama"

Can apartment complex violate the "Code of Alabama" Title 35 9A by charging it's tenants extra fees per month for trash removal ($5) and pest control ($10)? Who enforces the "Code of Alabama"? Who and Where do I file a complaint? Am I entitled to see the contract with the trash removal and pest control companies, to make sure that the apartment complex company is not overcharging tenants for these extra fees above our regular rent? Can the apartment complex company make a profit by charging tenants more than what they are paying these companies for the service?

I asked the Alabama Attorney General these questions, but he was not interested and suggested I contact a private lawyer. The Code of Alabama reads that the lanlord is responsible for these services.

1 Lawyer Answer
Nelson Craig Johnson
Nelson Craig Johnson
Answered
  • Cullman, AL
  • Licensed in Alabama

A: For better and more specific answers to your questions you should contact an attorney directly in your area and provide him a copy of your lease agreement. An apartment complex would not be permitted to violate the Alabama Code regarding its responsibilities to tenants.

If the apartment complex is providing a service like door side pick up for trash then it is certainly appropriate to charge additional sums for trash removal. I also do not believe that there would be anything objectionable with charging a set rate for monthly pest control services.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.