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Alabama Landlord - Tenant Questions & Answers
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

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can I move without giving a notice?

I have been trying for two years to get my landlord to fix my leaky roof (among other serious issues). She finally hired some *cheap* people to replace it. One of the guys fell through the roof and now there is a GIANT hole in our ceiling. Her response was very unconcerned and just said, "well... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 3, 2020

No you must give notice to vacate. But take lots of pictures and put everything in writing. Good luck.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I live in the state of Alabama, my dad passed away and his landlord that he rented a lot for him mobile home is trying

I live in the state of Alabama, my dad passed away and his landlord that he rented a lot from for his mobile home is trying to sue me. He is trying to sue me for back rent and property cleanup can he do this legally?

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 1, 2020

If you are the executor of your fathers estate he can. Also remember anyone can be sued. Whether or not they win is another story. If you were not on the lease agreement it is highly unlikely they will win. However you must defend the lawsuit. If you do nothing, they can get a judgement against... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Alabama on
Q: Is it legal for my landlord to take half of my mortgage payment and put it towards interest if i did not get a loan

i am purchasing a house directly through the owner and I didn't get a loan we just agreed on the payments. he takes half of the payments and puts it towards the interest and I don't understand how or if if it is legal.

Anthony M. Avery
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answered on May 18, 2020

Unless you have a Deed and have given him a Mortgage, you have purchased nothing. That is called a Lease and you are subject to a quick Eviction, not lengthy Foreclosure. Hire a competent attorney to analyze your situation. Either buy it or leave. Do not just lease thinking you are, or will... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant, Legal Malpractice and Probate for Alabama on
Q: Does a handwri statement have to be certified in order to make it legal.

Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die

Nina Whitehurst
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answered on Apr 26, 2020

The probate court would need to determine that the handwritten statement satisfies the requirements for a holographic will. You will probably need a probate attorney to help you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: We were purchasing a home in Alabama. The people that live there wouldn't move out. They were given a written 30 day

Notice.After given the 30 day notice the corona virus shut everything down. The govenor suspended eviction notices. My question is did there 30 days start counting when the notice was given or will it start when the suspension is lifted?

Anthony M. Avery
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answered on Apr 14, 2020

The notice to leave the premises is not an eviction proceeding being prosecuted at Court. Once the Courts open up, file your eviction suit immediately.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: My landlord tells me I cannot have my boyfriend over or he will trespass him what can I do

What is my cousin are both on the lease she does not like my boyfriend that's why the landlord is saying that but her boyfriend is allowed there. My boyfriend has broken no rules or laws on the property

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

No they may not prevent him from coming in the property. However if he spends the night he could possibly evict since he’s not on the lease.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: Student w/ active apt lease. Can I keep my bdrm locked during showings and when I’m gone out of town? What are my rights

I’m a student w/ an active apt lease, I was not provided an intent to sell from PM, only day & time of showings. Apt went on mkt days after water damage (that still hasn’t been repaired) from a water heater was reported.

Anthony M. Avery
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answered on Nov 27, 2019

Unless the Manager destroys or steals your property, what would be your damages? There is no cause of action here. Even if the Manager and Customer hurt something, how would you prove it? Generally a landlord can enter the premises.

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Alabama on
Q: My dad had a power of attorney over me. My grandfather left the farm to me and my dad . My dad signed me off deed and

Sold for 500k. He passed away and probate is still open . I know there is a 10yr limitation , however if I was home and wasnt advise about sale someone said I could file motion in probate for half of the sale price. Because a POA suppose to benefit the principle and since I was home I should have... View More

Amanda B Cook
Amanda B Cook
answered on Nov 18, 2019

It does sound like you need to take court action and quickly, but this is not something that you can handle on your own. You really need to seek out an experienced probate and real estate attorney to help you with this matter. It will help the attorney if you first visit the probate court and... View More

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: Can a LL sell my merchandise and re-lease the commercial property to another buyer during the eviction process?

I am in the midst of eviction proceedings on a commercial property. Prior to the finalization of the eviction process, the LL has re-leased the property and as part of the lease, given to the new lessor my merchandise (over $250,000 worth), and moved them into the store property. I am currently... View More

Amanda B Cook
Amanda B Cook
answered on Oct 30, 2019

The short answer is that it depends on what your lease allows and how much you owe the landlord. If this is going to lose you more money than allowed under the lease, then you should bring this immediately to the attention of the Court. I strongly recommend that you hire an attorney to represent... View More

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