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Alabama Landlord - Tenant Questions & Answers
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

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: We have signed a lease in the state of alabama for a townhouse that is newly built.

The problem is the landlord is trying to sell to a buyer even though the contract has already been signed and the lease starts in 11 days.

William Vann Burkett
William Vann Burkett
answered on Aug 15, 2023

Without reviewing the lease and the relevant documents it is impossible to give a complete answer. Generally, the buyer of a rental property will be subject to any valid leases signed before the transaction took place. This is dependent on the text of the relevant documents. You should contact a... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Judge denied unlawful detainer by my landlord and put in the judgement costs taxed as prepaid. What does it mean

I don't know what to do now

Anthony M. Avery
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answered on Jul 17, 2023

It sounds like the Court ruled in your favor, leaving you in possession. Landlord may appeal or refile another Detainer to get you out. Plaintiff paid the costs when filed. However the landlord will ultimately get you out, so look for another place to live.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Is an apartment complex's service request and a tenant demand letter for repairs the same?

She has put in 2 service requests for the same issue (roaches) and has had no action taken. In Alabama, a land lord has 14 days to address an issue in a demand letter or the tenant can legally terminate the lease early. If the service request through the web site counts as a demand letter, those... View More

T. Augustus Claus
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answered on Jul 7, 2023

A service request made through an apartment complex's system is typically not the same as a formal tenant demand letter. A tenant demand letter is usually a written notice specifically requesting repairs and outlining the legal consequences if the repairs are not made within a certain timeframe.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: What recourse do I have regarding neighbor who will not remove abandoned cars, garbage on my property.

We both have same landlord

T. Augustus Claus
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answered on Jul 7, 2023

If your neighbor is trespassing on your property by leaving abandoned cars and garbage, you may have several options for recourse. You can start by contacting your landlord and informing them of the situation, as they have a responsibility to ensure that their tenants are not causing issues for... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: My mother has lived with me rent free for 17 years but im engaged, want my own life and possibly sell my property.

How can I evict her?

Don Oliver Keene
Don Oliver Keene
answered on Jul 6, 2023

Unfortunately, it is really impossible for us to tell without more information. If you own your property and your mother's name is not on your deed you should not have any issues, however if her name is on the property, you are in a difficult situation. If you rent, and her name is on your... View More

2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Alabama on
Q: I live in apartment complex and my neighbor across from me keeps recording everything I do and turns it in

She turns in who comes to my apartment who leaves if someone is smoking every little thing I do I don't bother her I stop any company after 10 pm

Don Oliver Keene
Don Oliver Keene
answered on Jun 14, 2023

This is tricky, its riding the line. It's not quite harassment under Code of Alabama §13A-11-8, because there is no contact or obscene gesture and it's not quite violating Ala. Code § 13A-11-30 about videotaping others because outside of your apartment you do not have a reasonable... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Alabama on
Q: month2month renter.We don't have a lease and landlord threats to evict if my mother stays with me becauseof leaseterms

The lease ended 8 months ago so we have been paying month to month since then. Now my mother has been staying with me and my landlord is trying to evict us because terms of a lease. We haven't been on a lease in 8 months. I stay at my boyfriend's house 3 or 4 nights a week and she is now... View More

Dragan Ivetic
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answered on Feb 10, 2023

The question is premised on an improper understanding of the legal status of "month to month". it is not correct that you do not have a lease. You do have a lease, when a written lease expires without being renewed, it typically becomes a month-to-month tenancy, subject to all the same... View More

0 Answers | Asked in Landlord - Tenant for Alabama on
Q: Can my apartment landlord come to me and say I missed a rent payment 7 months ago and attempt to collect? What can I do?

I have lived in the same apartment for 2+ years and have never missed a rent payment. This week the landlord left a notice on the door stating we have a rent payment due from last July and have 10 days to pay it. I am certain I paid rent that month, as I never miss a rent payment. However, I have... View More

1 Answer | Asked in Personal Injury, Environmental, Insurance Bad Faith and Landlord - Tenant for Alabama on
Q: Apartment with black mold. Management agreed to remediate but dragging their feet. I'm a senior w/ asthma. Can you help?

This has been going on almost 6 months now. Have been consulting with Legal Services Alabama. But it seems we've reached an impasse. My biggest concern is whether apartment management will replace any items that must be discarded. But they're refusing to do that. And my renters insurance... View More

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2022

This is something that an Alabama attorney is best suited to advise about, but your question remains open for two weeks. I'm sorry for your ordeal with the mold and the mold-induced asthma. At this point, you could reach out to injury attorneys who handle mold cases. Each state can have... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
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... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Apr 1, 2022

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...
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0 Answers | Asked in Landlord - Tenant for Alabama on
Q: Am I allowed to break my lease/contract with my landlord due to issues with the house?

I live in alabama and my landlord is demanding rent but he has not had anybody come out to fix our house. We have stated that plugs have not been working properly. Some naked wires above stove, gaps and cracks in doors and walls, gaps between the walls and floor in bathroom along with sewage smell... View More

0 Answers | Asked in Landlord - Tenant for Alabama on
Q: I rented a house with a verbal agreement with landlord to remodel house and be repaid when finished? She didnt pay

She now said i have 30 days before she sells it i spent 15000 on it can i getva lien on the house

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can a landlord keep my security deposit if i never moved in? 3 days of move date property was already occupied.

7/24/21 put deposit. Was told he gave previous tenets 30 days to vacate. He was supposed to contact me if I could move in sooner. I got a message 8/24/21 saying this was the last day and to contact him, he said that he wasn't sure if the tenets were moved out because they had left some... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 7, 2021

I would suggest contacting an attorney to go over the specifics of your case in detail. A landlord has a duty to provide you both legal and actual possession of a property. Having prior tenants living there would violate that duty.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I have reached my 60 day of not receiving my security deposit. How can i file to recieve double the deposit owed?
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 30, 2021

If you have not already I would send a letter to your landlord making a specific request for your deposit back, and if they refuse an accounting of the defects they allege account for not returning said deposit. Give a time limit to respond. You may want to send it certified mail so that you can... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I signed a lease with a real estate company. Landlord has decided to sell the her home. Lease expires in October.

Owner's Agent notified me of owners need to inspect the premises. I requested that she wear gloves and mask. Owner said she would comply. I have extenuating health issues. Landlord has known about these issues. I was recently hospitalized for 4 days, because of a compromised immune system.... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 24, 2021

To give any specific advise an attorney would need to review your lease. I would suggest calling an attorney and forwarding him the lease agreement to determine a course of action appropriate to protect your interests. Because there is an upcoming showing time is of the essence. If it is a... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Alabama on
Q: In order to charge a tenant a penalty for breaking the lease early, does the least have to explicitly state the penalty?

My alabama home lease mentions nothing about breaking the lease early, does that mean they can't charge me for breaking the lease early?

Anthony M. Avery
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answered on Jan 13, 2021

No it does not. And the lessor can probably sue you for breach of contract for the remaining rent to be paid under the lease.

1 Answer | Asked in Civil Litigation, Employment Law and Landlord - Tenant for Alabama on
Q: I have an old, two years, unwritten lease with utilities with my employer who is also my landlord. Am I a tresspasser?

He is harrassing me to get out and says that I am a tresspasser but refuses to fire me, pay me, or give me a 30 day written notice to vacate although the Huntsville Police told him to do just that. He refuses to let me put the utilities in my name and he willfully let the utilities to be turned... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 20, 2020

Good grief! You need to hire a lawyer immediately! If you can’t afford one go to your nearest legal aide office! And good luck!

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: In Alabama, may I lawfully withhold rent for landlords failure to provide quiet enjoyment.

I have brought it to their attention, the attention of the police, I have endured a large incessantly barking dog who has barked for hours at times and romps and runs above my ceiling. This is the security officer for the complex and I have endured it for eight months. I am a reasonable person.... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 7, 2020

No you may not. What you can do is file a suit against your neighbor for a nuisance. But if the landlord allows pets then there is probably nothing you can do about it, except get a money damage and to do that you have to prove damages, like lost wages, emotional distress and having to be... View More

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