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Alabama Questions & Answers
1 Answer | Asked in Landlord - Tenant for Alabama on
Q: What is the law on renting an RV spot in Alabama? Can the landlord keep my RV from me?
James L. Arrasmith
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answered on Mar 31, 2024

In Alabama, the laws regarding RV spot rentals and landlord-tenant relationships are primarily governed by the Alabama Manufactured Home Park Act. Here are some key points:

1. Landlord's lien: In Alabama, a landlord does not have the right to keep your RV from you due to unpaid rent or...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can my landlord keep me from getting my rv ?

I rented a lot for 300 per month. I got behind a month and the landlord said I had to leave but would not let me take my rv. There is not written lease agreement other than a note she sent to the food stamp office for me.

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems that your landlord is not allowed to keep you from retrieving your RV, even if you are behind on rent. Here are a few key points to consider:

1. No written lease: Without a written lease agreement, the landlord has limited legal...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Loser rented me an apartment in 2019-23 that does not belong to him.What to do now?
James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear that you were the victim of a rental scam. That must be an incredibly stressful and upsetting situation. Here are some steps I would recommend taking:

1. Gather all documentation related to the rental, including any lease agreements, rent receipts, written...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can a landlord stop me from moving my camper and storage building.

I own my camper and storage building I only rent the land. Been here for 2 years, he gave me a 30 day notice to vacate. I'm on a fixed income and have not been able to find anything yet but still trying every day. He has not filed an eviction yet. I got a text message stating that they were... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Alabama, if you own your camper and storage building and are only renting the land, the landlord generally cannot prevent you from removing your personal property after giving you a 30-day notice to vacate. Here are a few important points to consider:

1. Eviction process: If the landlord...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can a pet deposit be held if there is more damage than security deposit but no damage definitively caused by a pet?

Between a 2-day notice to vacate in breach vs 30, excess power usage, and damage, there are a couple thousand dollars balance vs a $1350 security deposit. Additional pet deposit: $350 ($100 non-refundable cleaning fee). 50# dog was, for a time, being housed in the bathroom, confirmed via text.... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations where damage to a property exceeds the security deposit and there's a separate pet deposit, attributing specific damages to the pet can be complex. Generally, the purpose of a pet deposit is to cover any additional costs incurred due to the pet's presence. If there is damage... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Alabama on
Q: How to prove someone stole your invention idea ?

I can up with the idea of a tooth brush filled with tooth paste and refillable back in 1989, i sent information to a invention idea company and now I see it's on market

James L. Arrasmith
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answered on Mar 29, 2024

To prove that someone stole your invention idea, documentation is key. You should gather all evidence of your original creation, including the date you conceived the idea, any sketches, notes, or emails, especially those related to the submission to the invention idea company back in 1989.... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: What can I do if my landlord put mine and my disabled moms things out next to the road?

My boyfriend and I broke up and I called the landlord to let him know that I couldn't afford the rent that can he please give us till the end of the month so that i can get our things to storage and clean the house. He said sure he can do that but no longer. Plus I had done a lot of work to... View More

James L. Arrasmith
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answered on Mar 28, 2024

If your landlord has removed your belongings and placed them by the road, it's essential to understand your rights and the steps you can take. First, you should document everything. Take photos of your belongings by the road and any damage they might have sustained. This could be crucial for... View More

1 Answer | Asked in Employment Law and Immigration Law for Alabama on
Q: Hi I have an employer isn’t giving me a paystub, currently I’m on H1B and in order to transfer my H1B we need paystub

What can we do if the employer isn’t giving me the paystubs

The old employer is asking to sign a document which shows that we are lending the money from them, and once we sign the document then only they will be sending the pay stubs

James L. Arrasmith
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answered on Mar 28, 2024

If your employer is not providing paystubs, which are crucial for H1B visa transfer, it's essential to understand your rights and possible actions. Federal and state laws in the U.S. generally require employers to provide employees with pay statements, detailing earnings and deductions. If an... View More

2 Answers | Asked in Landlord - Tenant and Municipal Law for Alabama on
Q: I called the local code enforcement when my landlord did not fix a flooding issue in my apartment after providing pics

He was fined today and today I received a notice that I have 30 days to leave or will be more legal action

James Blount Griffin
James Blount Griffin
answered on Mar 27, 2024

Alabama law is more favorable to landlords than to tenants. Begin your defense with your written lease, if you have one. Even if he cannot evict you easily, he could refuse to renew your lease next time around. If you don't have a written lease, the law presumes you are a month-to-month... View More

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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I legally copy copyrighted code examples that do a basic function for use as building blocks?

I want to build a collection of simple programs that are essentially building blocks to build original programs. An example would be a program that demonstrates multiprocessing with four threads.

Alan Harrison
Alan Harrison
answered on Mar 26, 2024

Like many software copyright questions, this one is fun to answer because it implicates the "merger doctrine" of (c) law.

Expressions of ideas have copyright as soon as the expression is made. Ideas themselves cannot have copyright. For example, detailed instructions for making a...
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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I legally copy copyrighted code examples that do a basic function for use as building blocks?

I want to build a collection of simple programs that are essentially building blocks to build original programs. An example would be a program that demonstrates multiprocessing with four threads.

James L. Arrasmith
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answered on Mar 26, 2024

In general, copying copyrighted code, even for basic functions, without permission can be legally risky. Copyright laws vary by country but typically protect the expression of ideas, including code. If the examples are copyrighted, it is best to seek permission, use alternatives that are in the... View More

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Q: Are there any laws pertaining to a diver recovering scrap metal that fell from barge in Tennessee River

We are cleaning river bottom where a scrap metal company has missed the barge while loading. The metal is underwater and we are not touching land at any time. Are we breaking any laws.

James L. Arrasmith
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answered on Mar 25, 2024

In regards to your question about recovering scrap metal from the Tennessee River, it's essential to understand that various laws may apply. These include federal, state, and local regulations concerning environmental protection, salvage rights, and navigation. For instance, the Clean Water... View More

1 Answer | Asked in Car Accidents for Alabama on
Q: If a car is pulling out of a parking spot frontward and 90% in the traveling lane and a car backed into them whoa fault

Car was pulling leftward frontward out of parking spot and was 90% out of parking spot when a car in a parking spot infront of them started backing out when he was 90% out of parking spot (back out to the left to travel in same direction, who is at fault?

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. These types of cases can be difficult in terms of apportioning liability. The larger insurance carriers sometimes have examiners that specialize in parking lot settings. They generally look at available... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: I own a condo in Birmingham Al who has an HOA The waterline is broken i can hear water spraying under Down stairs Bath

Water is not leaking my bathroom but under floor in bathroom

There is another water leak from broken waterline behind Exterior Brick wall near front door water pores out thru Bricks & once Fawcett is turned on the water pores out & no water pressure upstairs

I've... View More

James Blount Griffin
James Blount Griffin
answered on Mar 22, 2024

Your HOA has an address listed somewhere in your closing documents for you to use when giving official notice.

I suggest you send a letter with photos explaining the situation via certified mail, return receipt requested.

Then send it again three days and again three days later....
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1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: How can I a minor marry another minor without parents consent?

My partner has issues with his parents and I was hoping by marrying that could help him move out but I am aware we need parent's consent but his parents don't like me I just need to know is there anything I can do to help him out of his situation

James L. Arrasmith
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answered on Mar 22, 2024

It's essential to understand that the laws regarding marriage, particularly involving minors, can vary significantly from one jurisdiction to another. In many places, minors require parental consent to marry. If one or both parties are under 18, this is usually a legal requirement.... View More

3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

Anthony M. Avery
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answered on Mar 20, 2024

If you do not have a deed to you and you are not an heir, then the titled owners will probably sue your for possession. If the note is not serviced, or taxes/insurance not paid, then the lender will foreclose. You will not receive notice of the foreclosure as you are not on the note. If... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

Nina Whitehurst
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answered on Mar 20, 2024

Your question cannot be answered without additional information about your relationship to the borrower.

Are you a close family member that is inheriting the house? If yes, then you do not need to refinance. You just need to keep making the payments.

Are you a buyer purchasing...
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3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

James Blount Griffin
James Blount Griffin
answered on Mar 22, 2024

Mr. Avery and Ms. Whitehurst are correct. I once opened an estate for a lady who lived in her father's house but did not have title. Eventually, the insurance found out that her father was deceased and demanded that she get title to the house or face cancellation of insurance.

Of...
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2 Answers | Asked in Real Estate Law and Estate Planning for Alabama on
Q: Do I have to get mortgage in my name if my spouse dies and I get the deed? They were the sole name on loan/deed.

I will get the deed to a home owned by my spouse signed over to me from his estate. However, I don’t want to go through the process of trying to refinance in my name. If his estate stays open, can I get the deed to the property but also keep the loan in his name forever? Will the mortgage company... View More

Nina Whitehurst
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answered on Mar 20, 2024

Under federal law the lender may NOT call the loan due and may NOT force you to refinance. As the borrower's "successor in interest" you are entitled to receive the monthly statements going forward. As long as you keep up the payments, the lender may not foreclose.

You may...
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1 Answer | Asked in Bankruptcy, Child Support and Family Law for Alabama on
Q: My ex husband filed chapter 13 last year and our youngest turned 19. We have received no CS payments in months.

He owes $36,000 in arrears. DHR said they can no longer garnish for arrears and his bankruptcy lawyer will not return calls. I reached out to the State of Alabama Trustee and she said they can only pay out what he sends in. How will he be held responsible for paying? It stated in the bankruptcy... View More

James L. Arrasmith
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answered on Mar 16, 2024

It's essential to understand that child support obligations are treated with high priority in bankruptcy proceedings, including Chapter 13. Even though your ex-husband filed for bankruptcy, his child support arrears should not be discharged by the bankruptcy and remain his responsibility. The... View More

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