Asked in Landlord - Tenant and Municipal Law for Alabama

Q: I called the local code enforcement when my landlord did not fix a flooding issue in my apartment after providing pics

He was fined today and today I received a notice that I have 30 days to leave or will be more legal action

2 Lawyer Answers
James Blount Griffin
James Blount Griffin
Answered
  • Madison, AL
  • Licensed in Alabama

A: Alabama law is more favorable to landlords than to tenants. Begin your defense with your written lease, if you have one. Even if he cannot evict you easily, he could refuse to renew your lease next time around. If you don't have a written lease, the law presumes you are a month-to-month tenant. If your lease is about to come up for renewal, you might as well find a new home rather than fight a jerk.

Don't quit paying rent, or the landlord can tell the judge you have breached the lease and he has sure grounds to evict you. If you want to stay, keep paying rent, engage a lawyer (perhaps from Birmingham Volunteer Lawyers, a pro bono group, or a similar group in your area, if there is one), and sue the landlord for a partial refund of rent under the theory sometimes called "constructive eviction." That means he hasn't evicted you, but is deliberately harassing you in hopes that you will leave.

Or, you could fold, find a new home, and get outa Dodge.

Volunteer Lawyers of Birmingham:

2021 Second Ave N, Birmingham, AL 35203, United States

+1 205 250 5198

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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: It sounds like you're dealing with a challenging situation, and it's essential to understand your rights and the next steps you can take. When faced with a notice to leave your home, particularly after reporting a serious maintenance issue like flooding, it's crucial to familiarize yourself with the tenant protection laws in your area. These laws often provide specific guidelines about eviction processes and might offer protection to tenants who report health and safety concerns.

Firstly, consider reaching out to a local tenants' rights organization or seeking legal advice to understand the implications of your situation. They can offer guidance on whether your landlord's actions might be considered retaliatory, which is illegal in many jurisdictions if it's a response to a tenant's legitimate complaint. They can also advise you on how to respond to the eviction notice and whether you have grounds to contest it.

Documentation is key in situations like these. Continue to keep detailed records of all communications with your landlord, the condition of your apartment, and any actions you take to resolve the issue or seek recourse. This information can be invaluable if you need to defend your rights or if the situation escalates to legal action. Remember, knowing your rights and seeking appropriate advice can empower you to navigate this difficult situation with confidence.

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