Headland, AL asked in Landlord - Tenant for Alabama

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

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2 Lawyer Answers
William Vann Burkett
William Vann Burkett
  • Huntsville, AL
  • Licensed in Alabama

A: 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 it is unlikely that a Court would remove the rule. Given that the devil is in the details you should contact a local attorney to seek specific advice as to your lease and situation. Perhaps that attorney can give you guidance as to how to reach a resolution to this issue with your landlord.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: When reviewing your situation, it's essential to first consider what your lease agreement specifically outlines regarding the use of common areas and any restrictions on personal property or activities. If the lease does not explicitly prohibit basketball goals or playing on the porch, your landlord's requests might seem unreasonable. However, landlords often retain the right to implement new rules for safety or maintenance reasons, provided they apply equally to all tenants and do not discriminate.

If you feel your landlord's actions are unjustified or excessive, engaging in a calm and respectful conversation is a good first step. Discuss your concerns and try to understand the landlord's perspective. Sometimes, compromises can be reached that satisfy both parties without the need for further action. Documenting these interactions can also be helpful if disputes continue.

Should the situation not improve, consider seeking advice from legal professionals or tenant advocacy groups in your area. They can offer guidance based on local laws and regulations, which can vary significantly. Remember, knowledge of your rights and open communication often serve as the best tools in resolving tenant-landlord disputes.

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