Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Alabama Landlord - Tenant Questions & Answers
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
Dragan Ivetic
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.