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 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

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Alabama on
Q: Can my adult niece give me permission to get belongings from the property (my moms things) that lives at with my stepdad

My mother passed away and did not have a will. My stepdad is now saying I can not have her belongings because he is upset we don’t like his girlfriend. Can my niece who is 18 and lives on the property give me permission to get them?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2019

If your niece is not an owner and doesn't have a written lease, then probably not. She is probably just a guest and guests do not have the right to invite other guests.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: I am purchasing a house and need to buy out of my lease. My buyout clause is very confusing.

In the last paragraph under a heading of Special Provisions it states: " your right to buy out (check one) is () is not (x) limited to a particular fact situation. If limited, buyout may be exercised if only the following facts (see below) occur and any described documents are provided to us.... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

Instead of asking lawyers to advise you on important terms of a contract they have never seen, you should start by asking the landlord what happens when you want to leave early.

1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for Alabama on
Q: I was told by the apartment management where I live that the manager doesn’t like me because I Jewish- I

I was prohibited from putting up a small menorah on my patio while other residents were decorating with trees and Christmas stuff- I have had 4 major leaks and floods and have mold- the second time they left holes half my height in my kitchen and bedroom for two months without fixing- the remedy... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 23, 2019

Contact the ADL for your area. Call national if you're not sure. https://www.adl.org/take-action/report-an-incident

0 Answers | Asked in Landlord - Tenant for Alabama on
Q: I was renting from a lady who got a grant but wasn’t staying in her house. She Chang d locks and is selling our stuff ?

She said we had until the first of the month to give her $650 or she was going to sell our stuff. She changed the locks and threatened to call the cops if we even attempted to get our things out and is now saying we owe her more. And selling our stuff without permission. She never had a lease to... View More

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Alabama on
Q: I was not notified in writing by LL and now he is stating that if I stay beyond 9/30/18 rent will be 3 times the monthly

I'm on a month to month and do plan to be out no later than Oct 13th but dont want to be battling him in court and want my security deposit back. However he sent in a text message that 9/30/18 would be my last month.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 20, 2018

The landlord may not terminate your tenancy via text message.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: I am on q month to month lease and my LL sent me a text on 8/23/18 stating that Sept would be my last month.

That's all the text said. So I asked is October 1 day I have to be moved. He responded yes. I did ask for something in writing never received. Then I received another text stating that if I stayed past 9/30/18 rent would be 3 times monthly amount $2670.00. Is this legal? I would understand a... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 19, 2018

I assume this is an Alabama question. No. he must terminate your tenancy in writing and serve that on you.

1 Answer | Asked in Real Estate Law, Probate and Landlord - Tenant for Alabama on
Q: My husband and his late deceased wife were on the deed to house, we are attempting to sell, why can’t we?

They are telling us that because they were married and jointly on the deed that her children have to sign the deed stating the house goes back to my husband who is the original owner of the home before she ever came along, he added her to the deed later. Why are we unable to sell the house without... View More

Jack T. Carney
Jack T. Carney
answered on Aug 28, 2018

This issue arises a lot and is usually caught by a title company when someone tries to sell a home. I cannot speak to your specific situation without seeing the deeds, but it sounds like what you are hearing is correct (even though I admit it seems terribly unfair).

When your husband...
View More

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Alabama on
Q: Wht do I do? Alabama, student moving into an apartment in (3) days. Leased apt not like the model shown. It's a dump!

Water damage, stained ceiling, mold, dirty air vents, exposed wires, broken tiles, torn wall paper, chipped tile, missing cover plates, an unsecured door lock. reeks of smoke/weed, no shower head, dirty kitchen cabinets...

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 15, 2018

Go back to the landlord and tell him that you will not move in until the defects are fixed. You might need to hire an attorney in the county where the apartment is located.

0 Answers | Asked in Landlord - Tenant for Alabama on
Q: Landlord wont give deposit back after told her 5 days after we sign I couldn't move in.

I never moved in, got keys because it was occupied until July 10. We signed rental agreement on June 29 and the terms commenced "July month to month basis beginning in july" she wrote that in. She is now saying that deposit is being kept for unpaid rent for July. In the deposit part it... View More

0 Answers | Asked in Landlord - Tenant for Alabama on
Q: I need to know about Alabama landlord and tenant laws. My landlord is refusing to give m back my security deposit

I signed a lease on feb 1st and provided the amount for security deposit and first months rent. I had to leave premises on March 19th due to hail damage. I wasn't even there 2 months. I was current on rent but my landlord refuses to give me back my deposit.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: Could the 2017 Code of AlabamaTitle 7 - COMMERCIAL CODE. Section 7-2A-103 and 108 be applied to a retail space lease?

Having issues with a retail space contract, no notice of raising rent and CAM fees (less than 30 days), and imposing previous months fees on the smaller businesses in a shopping center. There is a cap on the rent and CAM fees in our leasing contract.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 24, 2018

Are you subject to a written lease? If so, read the lease. The duties as to fees and such things are spelled out there. If the landlord has violated the terms of the lease, you may be able to break it and move out. Take the document to an attorney and get him or her to read it carefully and explain... View More

0 Answers | Asked in Landlord - Tenant for Alabama on
Q: Can i be evict if my mom die they say name isn't on the lease?

My mom die 2 week ago and the company say my name isn't on the lease and that i have to be out of the apartment by the 15 of this month , we're not behind it's due but not late yet, they are renovating the apartments and this the one they haven't done yet. Our rent is the lowest... View More

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Probate for Alabama on
Q: Before My grandmother passed away my name was added to thedeed as tenant with survivorship rights. My name isnt on loan

Is her remaining debt on the House desolved at time of her death? Am i responsible for the loan? There is no will. Her intent concerning the house is to give it to me. There is no family dispute involved. She was buying the place to help me get my first house. What steps do i need to take to keep... View More

Vincent Gallo
Vincent Gallo
answered on Mar 19, 2018

The loan/mortgage continues to burden the house after her death.

View More Answers

2 Answers | Asked in Car Accidents, Family Law and Landlord - Tenant for Alabama on
Q: My cousin is taking me to court for an someone else who crashed her car.

She let me borrow her car and someone stole and totaled it. I did a police report and they have footage and now she is cool with the person and says that she is taking me to court if I do not pay her for her car even though I did not do i and the guy you spoke to admitted to it and they are now... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 5, 2018

Whoa! you have five issues here.

On the car--she sues you , you file claim against the thief/driver--called a third party action.

You don't owe her assuming he stole vehicle.

On the others, you have funds go to a joint account, technically an argument can be made that...
View More

View More Answers

0 Answers | Asked in Landlord - Tenant for Alabama on
Q: My landlords recently put the property I am renting on the market without notifying me. Can they legally do this in AL?

I have a fixed term lease and live in my landlords garage apartment of their house that they just listed on the market.

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.