Lawyers, Answer Questions  & Get Points Log In
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... Read 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... Read 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
Nina Whitehurst 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. Any... Read 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... Read 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

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... Read 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... Read 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...
Read 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.

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... Read 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... Read 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... Read 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 you...
Read more »

View More Answers

2 Answers | Asked in Divorce, Real Estate Law and Landlord - Tenant for Alabama on
Q: Can I kick my spouse out of the house if I'm paying the bills and he isn't? But the house is under his name.
Samuel G McKerall
Samuel G McKerall answered on Feb 17, 2018

No. Not unless you sue him for divorce and win, and probably not even then. There are a lot of moving parts to a marriage, and all we can say with so few details is that the solution you would like is within the realm of possibility. You need to hire a good divorce lawyer and tell him or her... Read more »

View More Answers

1 Answer | Asked in Contracts and Landlord - Tenant for Alabama on
Q: I had to return my key to rent owner on February 1st I was out of town and sent them the key February the 6 the owner

Stated I turn key in late by only 3 days. Landlord did inspection and said I owe them a full month rent for turning the key in late what can I do there holding my full deposit

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 16, 2018

THere are a lot of facts that are missing here. Had you moved out? Did the landlord evict you? What kind of shape was the place in? You need to see an attorney in your town. The Alabama Landlord Tenant Act has some very specific protections for you in move-out situations. GO see a lawyer.

1 Answer | Asked in Real Estate Law, Contracts and Landlord - Tenant for Alabama on
Q: I signed a lease for a commercial business that says Month-to-month, but also states it’s a for 18 months

I signed a lease for a commercial business that says Month-to-month, but also states the term of the rental contract is a year and a half. The landlord hasn’t fixed anything that was previously wrong with the building the three months I’ve been there like he said he would in the lease. And... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 4, 2018

Your question can't be answered without reading the document. The failure to fix things, and the apparent ambiguity in the document are two separate issues. Who drafted the document? It is possible that the document is ambiguous as to the term of the lease. If so, that ambiguity would be held... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: I am in Alabama, my roommate tells me he leaving tomorrow

My roommate walks in and tells me he found another place and is leaving next day and I have 48 hours to pay the utility deposits the lease is not up until March and told me when I moved in that he would be here until then. Do I have any recourse to recover half of the utility deposits? We both have... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 3, 2018

Are you on the lease? If not, it is his problem, not yours. Did you sign any lease? Answer some questions so someone can give you an answer to your question.

1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Libel & Slander for Alabama on
Q: I'm renting a home on a month to month leases. I have rented property 3 months, & rent & water was drafted each week.

The Landlord sold property out from under me,&had said that I could buy the property & home ,having first choice of buying. The Landlord has made things inhabitable&unsanitary by cutting off the water. I dont know if property has sold or not, because Landlord has lied & mislead me in the process.... Read more »

Samuel G McKerall
Samuel G McKerall answered on Dec 11, 2017

The standard drill would be for me to tell you to hire a lawyer but I can tell you can't afford one. We do have legal aid in some counties in Alabama, but with your response due tomorrow (well, today, now - Tuesday) you don't have time to go to them to see if you qualify.

Here's a couple...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Alabama on
Q: Lease laws

Can i fight eviction notice does she need to have it delivered by a law enforcement agencies

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 7, 2017

There is no requirement that notice of eviction has to be delivered by a deputy.

1 Answer | Asked in Family Law and Landlord - Tenant for Alabama on
Q: my wife's grandma gave us a house to stay in considering if we cleaned it up its would be ours,18 months later now she

wants rent from us since we made it livable and sent us and eviction notice what option do we have I'm married with four kids when rent was mention in the beginning we asked how much and she told us no rent because we are family on heir property

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Oct 30, 2017

What document do you have wherein she promised to give the house to you? If you don't have something like that you can't show that she agreed to give the house to you in consideration of you cleaning it up.

It is her property and you got to stay there for 18 months for no rent. If she...
Read more »

1 Answer | Asked in Family Law, Juvenile Law and Landlord - Tenant for Alabama on
Q: Can I kick my 18 year old grandson out of my house. We live in Alabama and he doesn't pay rent
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Oct 8, 2017

WHo has custody of him? If you do, you can't.

1 Answer | Asked in Landlord - Tenant, Consumer Law and Criminal Law for Alabama on
Q: Can i have my sons broken car towed to his new residence without breaking the law?

My son moved in with us for awhile and then started creating problems and we told him he had to move, he got an apartment but left his broken car at our house. I have texted him several times to come get it and he refuses and says if i sell it or have it towed he will report it stolen and i would... Read more »

Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

you can certainly have it towed since it is currently on your property. where you have it towed is up to you. it would be wise to keep a record of you informing your son what you are doing via text, email, or recording so that if he chooses to report it stolen, there would be no potential... Read 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.