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Alabama Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I received a writ of possession from court in mail today, entered 2/13.... how many days do I have to vacate property?

I am currently in a lawsuit with a car accident and should have letters of protection to stop any proceedings but judgement was made against me anyway..is there anything I can do or do I need to vacate immediately

T. Augustus Claus
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answered on Feb 15, 2024

In Alabama, after receiving a writ of possession, tenants typically have 7 days to vacate the property. This period begins when the writ is issued by the court. The involvement in a car accident lawsuit and having letters of protection may not directly affect the eviction process unless those... View More

0 Answers | Asked in Landlord - Tenant for Alabama on
Q: Does the sheriff have a right to destroy property during an eviction in the state of Alabama?

I was evicted, and never received the court date, later the court paperwork was discovered near the trash containers, I was preparing to move when the sheriff showed up with twenty people tearing up the house. Throwing trash on the floor, throwing TVs & computers out of the windows causing them... View More

0 Answers | Asked in Business Law, Contracts and Landlord - Tenant for Alabama on
Q: I am an investor who sells houses contract for deed. What is the max interest rate allowed by usury laws in Alabama?

I provide a 30 year mortgage contract for deed. All homes sold are well under 100k but above 50k. I have an llc in Virginia. Currently I have sold homes CFD in MO and IL.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: My roommate was evicted by my landlord how long before I can legally remove his property from my house?
T. Augustus Claus
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answered on Feb 7, 2024

In Alabama, after a roommate is evicted, the landlord must follow state laws regarding the handling of the evicted tenant's property. Typically, the landlord must provide the tenant with a notice, specifying a reasonable period (often around 14 to 30 days) to collect their belongings. If the... View More

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: is there a form in Alabama to eject a person.

The court clerk said I must eject not evict this person. I allowed her to stay for a short time now she refuses to leave now.I didnt set a lease up nor expected rent.Now she is damaging my property.

0 Answers | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Alabama on
Q: How do I find a lawyer who specializes in Home Owner Association management in Mobile Alabama?

We are an association of less than 20 patio homes but want to make sure we are in compliance with state and national laws.

1 Answer | Asked in Consumer Law, Contracts, Collections and Landlord - Tenant for Alabama on
Q: Can a storage facility suspend your gate code when you have two units where one is current and one is past due?

I have two separate units with Red Dot Storage. The units were rented several weeks apart. One unit is past due, but the other is current. I went to get some things out of the unit that is current but when I entered my gate code, it denied me access. The gate code was given to me by Red Dot when... View More

T. Augustus Claus
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answered on Jan 19, 2024

In Alabama, the specific terms of your storage facility contract with Red Dot Storage will dictate the rights and obligations of both parties. Generally, storage facilities have the right to impose certain access restrictions if there are outstanding payments or if the rent for any of the units is... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Landlord - Tenant for Alabama on
Q: 26 yrs married w/ disabled adult son. Told to leave by husband. My name is not on the lease. Do we have to go?
T. Augustus Claus
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answered on Dec 27, 2023

In the situation of a 26-year marriage with a disabled adult son and being told to leave by the husband, the resolution can depend on various factors. While your name not being on the lease may complicate matters, Alabama's laws may provide certain protections for spouses, especially... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Alabama on
Q: If I've been staying in a hotel for more than 90 days in Alabama and I pay on a day-by-day basis am I a guest or tenant?
James L. Arrasmith
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answered on Jan 1, 2024

In Alabama, the distinction between being a hotel guest and a tenant can be nuanced, especially when you've been staying at a hotel for an extended period, like over 90 days. Typically, if you're paying on a day-to-day basis, you are considered a guest rather than a tenant. This... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: My lease says it's under Arkansas law but I'm renting in alabama.what does that mean?

My lease also says a default or termination of lease it to be given by a hand written 30 day notice. My landlord just gave me a 7 day notice to terminate tenancy.what is up?

James L. Arrasmith
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answered on Dec 24, 2023

When your lease specifies that it is governed by Arkansas law but the property is in Alabama, it means that the terms of the lease are intended to be interpreted according to Arkansas state laws. However, this can be problematic as typically, the law of the state where the property is located (in... View More

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 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 Family Law and Landlord - Tenant for Alabama on
Q: I have 19 year old in my home that refuses to help or pay bills while I take care of her son. I can no longer this way

She is verbally abusive to me and her 1yr old son

James L. Arrasmith
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answered on Dec 11, 2023

In your situation, where a 19-year-old in your home refuses to contribute financially or help with chores, and is verbally abusive, you have several options to consider. Firstly, it's important to set clear and firm boundaries regarding behavior and responsibilities in your home. Communication... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Alabama on
Q: My problem is very complex, but I will keep it as short as possible.- started with my parents moving in 2012.

My trailer which my parents lived with my children at the time. I was clueless and had no recollection of the transaction due to being 3 weeks post op of 1 of 9 spinal surgeries and was not of sound mind, and in severe pain leaving me unable to perform self care. I had my big screen TV picked up... View More

James L. Arrasmith
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answered on Nov 26, 2023

I'm sorry to hear about the challenges you've faced. It sounds like you've been through a lot, and it's understandable that you're seeking clarity on your legal options. Regarding your belongings and the issues with your brother, the courts might indeed be able to help.... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: What are a landlord’s legal obligation to having an apartment inspected for black mold?
T. Augustus Claus
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answered on Aug 21, 2023

In Alabama, landlords are legally required to maintain safe and habitable living conditions for tenants. While specific mold laws are lacking, landlords must address mold issues, including black mold, as part of their responsibility to ensure tenant safety. This falls under the implied warranty of... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Tenant landlord law explanation - AL Can someone please explain what this means exactly? The part about the 2 days

UNIFORM RESIDENTIAL LANDLORD AND TENANT

ACT ARTICLE I GENERAL PROVISIONS AND DEFINITIONS PART I SHORT TITLE,

CONSTRUCTION, APPLICATION AND SUBJECT MATTER OF THE ACT

101. Noncompliance by the Landlord - In General

(2) If substantially the same act or omission which... View More

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

If the landlord breaches the lease but then cures the breach after receiving written notice from the tenant, but then landlord commits the same breach again within six months, when the tenant gives written notice of the second breach, the landlord only has two days to cure; otherwise, the tenant... View More

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 Real Estate Law and Landlord - Tenant for Alabama on
Q: My sewage is running into the basement does the rental company have to put me in a hotel until it is resolved?
T. Augustus Claus
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answered on Aug 7, 2023

In most jurisdictions, if your rental property becomes uninhabitable due to issues like sewage backups, the landlord or rental company may be required to provide temporary housing, such as a hotel, until the issue is resolved and the property is habitable again. This is typically based on local... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Hello! I am currently in an apartment with an expired lease and multiple documented repair issues with no response.

I would like to know if there are any legal ramifications for moving without a 60-day notice. They have not responded to my maintenance or leasing requests.

James Blount Griffin
James Blount Griffin
answered on Jul 31, 2023

Before you do anything, read the lease very carefully. If the lease is expired, you are a "tenant at will." They can't hold you for long, and you cannot hold them either. Mark everything the landlord may have violated. Mark anything you have or may have violated. Alabama law is... View More

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