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Alabama Landlord - Tenant Questions & 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...
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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... View More

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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... View 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... View 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... View 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... View 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.... View 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....
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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... View 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... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Our tenant is currently two weeks overdue paying his rent to lease our commercial building. After multiple calls he

brought us a check to cover it. When we went to deposit his check in the same bank his own account is with the bank told us they could not deposit or cash his check and we needed to talk to our tenant about it. Called tenant and left voice mail and told him we needed to talk to him and to return... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 14, 2017

You are going to have to evict him. If he is in violation of the terms of the lease, you will sue him in an action called an "unlawful detainer." You will ask the court to put him out of your building and make him pay the money that he owes you. If his check is no good, he has not paid... View More

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Alabama on
Q: Can I serve a trespass instead of eviction? original lease pur agreement, mh located on my real property?

I originally agreed to a vague, written lease option agreement with option to buy mh located on my real property to family friend. Unfortunately, he never pd mh off through leinholder nor fullfield the terms of the lot rent of 45 dollars monthly, in addition to maintaining the lawn. Served... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 14, 2017

If there was an agreement in place that he would pay rent your appropriate remedy is eviction. If there is no rental agreement, then you would file an ejectment. That would be your appropriate remedy You need to hire a lawyer to help you with this. THese kind of home-made agreements often fall... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: What forms in which order to be filed against my AL landlord for retaliation and diminishing of necessary services?

To keep this as short as possible, the rundown is this: I will be filing AL form SM-1 against my landlord that will list multiple claims. These mainly relate to his deliberate cutting off of power and water to my unit (which states in the lease will stay in his name since utilities are included in... View More

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

You should stop trying to play lawyer here and get some legal advice and help. If you stopped paying rent you will be evicted from the trailer. He cannot turn the power off because you don't pay, and you will be able to recover from him if he did that. Remember, you CANNOT engage in self help... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: I lived with my boyfriend for six months. His father is the land owner but doesn't live there. I paid part of the bills

For 2 months until I lost my job. He told me he needed time to think and that I didn't need to be there when he came home from work. Can he just make me leave like that or does he have to file for an eviction with the courts? And if so, doesn't it have to be his father since he's the land owner?

Samuel G McKerall
Samuel G McKerall
answered on Jul 19, 2017

This is the legal answer: The father as the landowner can evict you. The son as the agent of the father-landowner can also evict you. The formal eviction process in Alabama requires a written notice or two followed by an eviction proceeding in court. If they go through all that you will lose... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: We've notified our landlord of several spots of mold. He had a guy come take samples & we can't get the report. Have kid

We had a bad leak in our laundry room / closet that over a years time took my landlord 4-5 times to finally fix. I've voiced my concerns about mold and mildew in places of my home. In my front closet I had several jackets grow mold / mildew which ruined them. Our landlord had a guy come take... View More

Amanda B Cook
Amanda B Cook
answered on May 1, 2017

You should call a landlord tenant attorney who can help you draft a notice to terminate your lease for the unsafe and dangerous conditions. There is not much you can do to force your landlord to 'fix' all of the mold in the house, though you do have the right to terminate your lease if he... View More

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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Alabama on
Q: How to get ejection form started

Someone is living in their mobile home on our property with no lease and no payments. They have been given a 30day verbal to move and then a 10 day notarized written to which they ignored both. How do we proceed to get them off the property

Samuel G McKerall
Samuel G McKerall
answered on Feb 8, 2017

Alabama has a self-help law for landlords. Its easy for you to file your own eviction proceeding.

Just visit the Office of the Clerk of the Circuit Court in your county, ask for an eviction form (the official name of which is an unlawful detainer form), fill it out, give it back to the...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: my aunt,landlord, refuses to pay and make needed repairs on my residence. what do i do?

i have a puddle of crap, literally under my trailer and all she has done is said she will do something and gave me a box of ridx. she has known about the plumbing issue about a month after we moved in, it is a year now. the deed to the property is still in my mothers name, so by law does she have... View More

Samuel G McKerall
Samuel G McKerall
answered on Feb 7, 2017

You haven't provided enough information to enable anyone to provide you with an intelligent answer.

Why is the land still in your mother's name? If its your mother's land what's your best guess as to why your aunt thinks she can charge you rent? Who owns the trailer?...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I signed a 1-year lease. My landlord has changed. Am I required to sign another lease? it is not stated in my current,

My lease requires landlord to notify if any change of address or identity to landlord agent, but it does that my current lease will be null/void. Am i required to sign a new lease? Or does the new agent have to honor my current lease?

Brian Lehman
Brian Lehman
answered on Jan 26, 2017

When a property changes ownership, the new owner is bound by the terms of the lease in place unless there is specific language that states otherwise in the contract you signed.

1 Answer | Asked in Landlord - Tenant and Probate for Alabama on
Q: My son was found dead in his apartment. How can I get his property and deposit from the apartment complex he was living

He did not have a will.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 24, 2016

You can always open an estate under the Alabama Small Estates Act. This will give you the ability to recover his property and have access to any accounts he may have had. You can only do this if he owned no land, if you are related very closely to him and if he left less than a set amount of money... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I have a renter behind on his rent and now i find out he is in jail. How can I legally get him out of my house?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 22, 2016

You must evict him according to the procedures set out in the ALabama Landlord Tenant Act.

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