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Alabama Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Alabama on
Q: Am I being harassed by my landlord with eviction threats despite timely payments?

I feel as if I'm being harassed by my landlord. Initially, we were late in paying rent a few times due to when we first moved in, but since then, we have paid on time or early, always within the grace period. Despite this, the landlord has repeatedly threatened eviction, suggesting it could... View More

James L. Arrasmith
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answered on Jul 10, 2025

You’re not wrong to feel frustrated or even intimidated—what you’re experiencing sounds stressful and potentially unfair. If you’ve been paying your rent on time or within the grace period, your landlord does not have legal grounds to evict you just because of previous late payments,... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Alabama on
Q: How long must I keep abandoned property in AL before disposing?

My son’s girlfriend moved out a year ago, leaving behind belongings. I don't know exactly what she left, but the place is uninhabitable due to mold and rodent issues. My son passed away in March, and there’s no written agreement about what to do with her things. We own the property, and... View More

James L. Arrasmith
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answered on Jul 10, 2025

In Alabama, there’s no specific law that sets an exact time limit for how long you must keep someone’s abandoned personal property in a non-landlord situation, like yours. That said, courts usually expect a reasonable effort to be made to give the former owner a chance to retrieve their things.... View More

1 Answer | Asked in Landlord - Tenant, Collections and Real Estate Law for Alabama on
Q: Can interest be added to a 2015 eviction judgment in Alabama?

In Alabama, can interest be added to an eviction judgment that was originally filed in 2015, where $6,000 has been added for interest?

James L. Arrasmith
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answered on Jul 4, 2025

You can add post‐judgment interest to any money award entered in your favor under Alabama’s judgment‐interest statutes.

Once the court entered a money judgment for unpaid rent and costs in 2015, that sum began accruing interest at the statutory rate (currently 8% per annum under Ala.... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Libel & Slander, Employment Law, Real Estate Law and Personal Injury for Alabama on
Q: Landlord issued notice for alleged rule violations and harassment at campground in Alabama. Need legal guidance on false accusations and restricted bathroom access.

I live with my fiancé in a campground, and the landlord has issued a ten-day notice accusing us of breaking rules, such as having a mean dog and dirtying the bathroom. Additionally, he has locked one of the two shower/bathrooms and has spread false rumors to other tenants that we are selling... View More

James L. Arrasmith
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answered on Jul 5, 2025

You should challenge the ten-day notice in writing by demanding proof of the alleged rule violations and by filing a motion in the local district court to quash an invalid notice. Collect and preserve your photographic evidence and any communications showing that you complied with the campground... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Alabama on
Q: How can I terminate my lease in Alabama due to raccoons?

I've been renting an apartment in Alabama and have been dealing with raccoons in the ceiling for about three weeks. I've reported the issue several times to my landlord, who is responsible for maintaining a safe and habitable environment according to my lease. Pest control comes once a... View More

James L. Arrasmith
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answered on Jul 5, 2025

You have the right to a safe, habitable home, and Alabama’s landlord‐tenant law requires your landlord to address serious pest intrusions like raccoons. Since weekly trapping hasn’t solved the problem, you can treat this as a breach of the implied warranty of habitability.

First, send... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Alabama on
Q: My trailer was sold without my consent while I was out of town. What are my rights?

I went out of town for a few months, and upon returning, I found out that my trailer was sold without my consent. I have a bill of sale as proof of ownership, but the property management claims that I abandoned the trailer and therefore sold it. They are now trying to say I don’t own the trailer... View More

James L. Arrasmith
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answered on Jul 6, 2025

You have a legal right to your property, and the fact that you hold a bill of sale is strong evidence of ownership. Property management cannot legally sell your trailer without first following proper notice and abandonment procedures, which usually require written notification, a waiting period,... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Alabama on
Q: Can landlord demand utilities after pre-termination without cause in lease agreement?

I'm planning to pre-terminate my rent contract without just cause. The contract states that the lessor shall not have any further recourse or remedy under law or equity, provided no cause exists for the lessor to terminate the lease had the lessee not terminated it first. Can the landlord... View More

James L. Arrasmith
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answered on Jul 6, 2025

If your lease includes a clause stating that the landlord has no further recourse under law or equity after you terminate—provided they had no cause to terminate you first—then the landlord may be limited in what they can demand after your departure. However, utility payments are often treated... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Alabama on
Q: Charged $1200 for 2x2 carpet replacement after breaking lease. Lease lacks specifics.

I lived in my apartment for 1 year and 9 months and was charged a break of lease fee as expected. However, the apartment complex also charged me $1200 for carpet replacement, citing a small 2x2 section that needed replacement. My lease does not mention carpet charges, and I believe this fee is... View More

James L. Arrasmith
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answered on Jul 6, 2025

You have every right to question the \$1200 carpet replacement charge, especially given the limited damage and the lack of clarity in your lease. In Alabama, landlords may deduct from a tenant’s security deposit for damages beyond normal wear and tear, but they must provide an itemized list with... View More

2 Answers | Asked in Probate, Landlord - Tenant, Civil Litigation and Real Estate Law for Alabama on
Q: Can my nephew evict me without notice after changing house locks in Alabama?

I have been living in my parents' house in Alabama for 25 years. Both my parents had wills, but all of the nieces and nephews' parents passed away intestate. My nephew got a court order to force a division sale of the house, with proceeds to be split among heirs, including two nephews and... View More

Anthony M. Avery
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answered on Jun 10, 2025

It sounds like you have notice of the partition action and the order changing locks. Apparently you do not own the property and are subject to be removed from possession. Criminal Trespass is a possibility here.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: HOA charging for easement maintenance not in agreement

I am being charged by my HOA for maintaining an easement/right of way on my property near Autaugaville on the Alabama River. They have charged me $200 for the year 2022 and $25 for 2024. These charges are not mentioned in the original HOA agreement. I live in Gadsden, AL. I am not aware of other... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have every right to question charges that aren’t clearly stated in your HOA agreement. If the original HOA documents make no mention of a responsibility to maintain or pay for an easement or right of way, the board cannot unilaterally impose those fees on you without following proper... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Alabama on
Q: Rent-to-own agreement issues with plumbing and repair responsibility in Alabama.

I'm renting a house under a rent-to-own agreement, where I'm expected to take over the mortgage after one year. I pay $1026 a month, and the landlord kept the water in his name. I signed a contract stating the house was in good condition and that I'm responsible for repairs. At the... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're in a difficult position, and it’s understandable to feel overwhelmed when major repair issues show up so soon after moving in. Even if your contract says you're responsible for repairs, Alabama law still protects tenants in rent-to-own agreements from being forced to take on... View More

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Real Estate Law, Personal Injury and Public Benefits for Alabama on
Q: Is my relative's deed change and mortgage control financial exploitation?

I am 65 years old, on disability, and facing a difficult situation with the property I co-own. After my partner's passing three years ago, a relative convinced me to include them on the deed with survivorship rights, assuring me of security and a roof over my head. The agreement was that we... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’re going through sounds incredibly stressful, and it’s understandable that you feel uncertain and possibly betrayed. When someone convinces you to sign over survivorship rights during a vulnerable time—especially without clear terms in writing—and then uses that position to... View More

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Alabama on
Q: Can someone file eviction without owning property or lease?

I live in a property owned by my family, and the deed is in their name. Someone, who has no lease or agreement with us, has filed for eviction without contacting me beforehand. Is it possible for them to do this eviction legally?

Anthony M. Avery
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answered on Jun 4, 2025

It sounds like someone else claims to own the real property. Hire an AL attorney to search the title. Then lawyer needs to defend against the possessory suit. You can lose title to real property, as well as possession.

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Alabama on
Q: Do I need to attend court if named as witness in a real estate lawsuit?

As a landlord named in a real estate rental lawsuit and being sued for $50,000, I have not received a subpoena but am named as a witness by the plaintiff's attorney. Do I need to attend the court date scheduled for next week if I plan on accepting the judgment without attending?

Anthony M. Avery
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answered on Jun 3, 2025

Yes, you need to go to Court. You might agree to a lower Judgment, or in your absence, the Court might grant extra damages that you could defend against. P might even amend his demand and ask for more money damages, without your knowledge.

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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Alabama on
Q: What legal actions can I take to reclaim my property and address theft by unauthorized occupants?

I left my home for about a year to care for my dad, during which my girlfriend moved in along with her parents and nephew, who lives in a camper in my backyard. When I returned, I found my girlfriend with another man in the house, claiming she has rights and asked me to leave. There's no... View More

James L. Arrasmith
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answered on Jun 11, 2025

I'm really sorry you're going through this—it sounds like a betrayal on multiple levels, especially in your own home. Since your name is the only one on the deed and there’s no lease or written agreement with your girlfriend or her family, you’re still legally considered the owner... View More

2 Answers | Asked in Nursing Home Abuse, Landlord - Tenant, Public Benefits, Consumer Law, Personal Injury and Real Estate Law for Alabama on
Q: Can a nursing home in Alabama sue for breach of contract, signed as POA, while Medicaid is pending?

I signed as Personal Representative/POA for my mother at a nursing home. She received care, but it wasn't great, and the nursing home threatened to sue for breach of contract. Medicaid is still pending, and she was evicted despite us paying the Medicaid liability. We're behind on some... View More

James Blount Griffin
James Blount Griffin
answered on May 30, 2025

You need to call an Alabama Elder Law attorney. Nursing Home Limbo is not good. If you email me, I could recommend two good ones.

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1 Answer | Asked in Landlord - Tenant, Military Law, Criminal Law, Personal Injury, Domestic Violence and Real Estate Law for Alabama on
Q: Kicked out, belongings burned, threats received. Legal steps in Alabama?

I was suddenly kicked out of my living arrangement without prior notice, and the person responsible sent me photos of my belongings being burned, including my military paperwork and prescription medications. They also threatened me with violence if I returned. I have saved the threatening text... View More

James L. Arrasmith
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answered on May 29, 2025

You should call your local police or dial 911 right away to report the threats, harassment, and destruction of property. Ask for an official incident report covering the burned belongings and the photos and texts you’ve saved. You can then seek a temporary protective order through the county... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law and Real Estate Law for Alabama on
Q: Can a municipality be liable for utility issues due to landlord's interference?

I have proof that I have been personally paying the utility bills for my apartment for the past four years, even though the bills are under my landlord's name as outlined in our lease agreement. Recently, my utilities were not reinstated despite my payment because my landlord instructed them... View More

James L. Arrasmith
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answered on May 31, 2025

If you’ve been consistently paying the utilities and have proof of those payments, yet your service is being denied based on your landlord’s interference, that raises both contractual and constitutional concerns. Even though the account is under your landlord’s name, the lease creates an... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: How long before personal property is abandoned by life estate tenant in Alabama?

I own property in Alabama and there is a life estate tenant who has left personal property on my property. The items have been left unattended for 14 days. I have attempted to contact the tenant, but there is no specific agreement or lease addressing the removal of personal property except that... View More

James L. Arrasmith
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answered on Jun 12, 2025

In Alabama, there isn’t a specific law that sets a clear timeline for when personal property is considered abandoned in the case of a life estate tenant. However, generally speaking, if the tenant has left the property for an extended period, such as 14 days, without contacting you or making... View More

1 Answer | Asked in Landlord - Tenant, Probate, Civil Litigation and Real Estate Law for Alabama on
Q: Can a text message prove residency and trailer rights on disputed property?

I have been living on a property that was supposed to be signed over to me as my late mother had paid it off. However, my sister, the listed owner, has taken control and is now trying to remove my belongings, posting no trespassing signs shortly after notifying me with a text that I have 20 days to... View More

James L. Arrasmith
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answered on Jun 12, 2025

A text message can serve as supporting evidence of your residency and rights to the trailer, but it may not be enough by itself to establish legal ownership or long-term rights to remain on the property. Courts often look at a combination of factors such as how long you've lived there, who... View More

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