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Alabama Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I want to sue some one for trying to take advantage of me with property and unlawful eviction.
James L. Arrasmith
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answered on Apr 6, 2024

I understand that you feel you have been wronged and are considering legal action. Suing someone is a serious decision that requires careful consideration. Here are some steps you can take:

1. Document everything: Keep detailed records of all interactions, agreements, payments, and...
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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 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

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 Landlord - Tenant for Alabama on
Q: We have a basketball goal on our porch and the landlord has stated that it has to be removed. The lease doesn't say

Anything about not being able to have one. She has also stated that my children aren't allowed to bounce a ball on the porch. I feel as though this is harassment and not legal. But I do not know

William Vann Burkett
William Vann Burkett
answered on Mar 14, 2024

Generally, the rights and duties of both the landlord and tenant are controlled by the lease agreement. However, Section 35-9A-302 allows a landlord to adopt and enforce rules and regulations regarding the conduct and use of the premises. So long as the rule falls within the statutory requirements... View More

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2 Answers | Asked in Landlord - Tenant for Alabama on
Q: We have a basketball goal on our porch and the landlord has stated that it has to be removed. The lease doesn't say

Anything about not being able to have one. She has also stated that my children aren't allowed to bounce a ball on the porch. I feel as though this is harassment and not legal. But I do not know

James L. Arrasmith
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answered on Mar 30, 2024

When reviewing your situation, it's essential to first consider what your lease agreement specifically outlines regarding the use of common areas and any restrictions on personal property or activities. If the lease does not explicitly prohibit basketball goals or playing on the porch, your... View More

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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I received a writ of possession from court in mail today, entered 2/13.... how many days do I have to vacate property?

I am currently in a lawsuit with a car accident and should have letters of protection to stop any proceedings but judgement was made against me anyway..is there anything I can do or do I need to vacate immediately

T. Augustus Claus
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answered on Feb 15, 2024

In Alabama, after receiving a writ of possession, tenants typically have 7 days to vacate the property. This period begins when the writ is issued by the court. The involvement in a car accident lawsuit and having letters of protection may not directly affect the eviction process unless those... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: My roommate was evicted by my landlord how long before I can legally remove his property from my house?
T. Augustus Claus
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answered on Feb 7, 2024

In Alabama, after a roommate is evicted, the landlord must follow state laws regarding the handling of the evicted tenant's property. Typically, the landlord must provide the tenant with a notice, specifying a reasonable period (often around 14 to 30 days) to collect their belongings. If the... View More

1 Answer | Asked in Consumer Law, Contracts, Collections and Landlord - Tenant for Alabama on
Q: Can a storage facility suspend your gate code when you have two units where one is current and one is past due?

I have two separate units with Red Dot Storage. The units were rented several weeks apart. One unit is past due, but the other is current. I went to get some things out of the unit that is current but when I entered my gate code, it denied me access. The gate code was given to me by Red Dot when... View More

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answered on Jan 19, 2024

In Alabama, the specific terms of your storage facility contract with Red Dot Storage will dictate the rights and obligations of both parties. Generally, storage facilities have the right to impose certain access restrictions if there are outstanding payments or if the rent for any of the units is... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Alabama on
Q: If I've been staying in a hotel for more than 90 days in Alabama and I pay on a day-by-day basis am I a guest or tenant?
James L. Arrasmith
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answered on Jan 1, 2024

In Alabama, the distinction between being a hotel guest and a tenant can be nuanced, especially when you've been staying at a hotel for an extended period, like over 90 days. Typically, if you're paying on a day-to-day basis, you are considered a guest rather than a tenant. This... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Landlord - Tenant for Alabama on
Q: 26 yrs married w/ disabled adult son. Told to leave by husband. My name is not on the lease. Do we have to go?
T. Augustus Claus
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answered on Dec 27, 2023

In the situation of a 26-year marriage with a disabled adult son and being told to leave by the husband, the resolution can depend on various factors. While your name not being on the lease may complicate matters, Alabama's laws may provide certain protections for spouses, especially... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: What are the proper steps to get my apartment complex to repair my heating system it’s been 3 weeks and not been fixed

I have put it down on my move-in checklist as well as other repairs. The building I was placed in hasn’t been worked on since I’ve been here, So the other apartments are not even properly move in ready as well.

William Vann Burkett
William Vann Burkett
answered on Dec 27, 2023

Landlords must repair health and safety issues and provide essential services under the Landlord Tenant Law. Generally, the statutes specify what you may sue for and what damages you can recover. The analysis is very situation specific. However, another option you may have is deliver a letter to... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: My lease says it's under Arkansas law but I'm renting in alabama.what does that mean?

My lease also says a default or termination of lease it to be given by a hand written 30 day notice. My landlord just gave me a 7 day notice to terminate tenancy.what is up?

James L. Arrasmith
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answered on Dec 24, 2023

When your lease specifies that it is governed by Arkansas law but the property is in Alabama, it means that the terms of the lease are intended to be interpreted according to Arkansas state laws. However, this can be problematic as typically, the law of the state where the property is located (in... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Alabama on
Q: I have 19 year old in my home that refuses to help or pay bills while I take care of her son. I can no longer this way

She is verbally abusive to me and her 1yr old son

James L. Arrasmith
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answered on Dec 11, 2023

In your situation, where a 19-year-old in your home refuses to contribute financially or help with chores, and is verbally abusive, you have several options to consider. Firstly, it's important to set clear and firm boundaries regarding behavior and responsibilities in your home. Communication... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Alabama on
Q: My problem is very complex, but I will keep it as short as possible.- started with my parents moving in 2012.

My trailer which my parents lived with my children at the time. I was clueless and had no recollection of the transaction due to being 3 weeks post op of 1 of 9 spinal surgeries and was not of sound mind, and in severe pain leaving me unable to perform self care. I had my big screen TV picked up... View More

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answered on Nov 26, 2023

I'm sorry to hear about the challenges you've faced. It sounds like you've been through a lot, and it's understandable that you're seeking clarity on your legal options. Regarding your belongings and the issues with your brother, the courts might indeed be able to help.... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: What are a landlord’s legal obligation to having an apartment inspected for black mold?
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answered on Aug 21, 2023

In Alabama, landlords are legally required to maintain safe and habitable living conditions for tenants. While specific mold laws are lacking, landlords must address mold issues, including black mold, as part of their responsibility to ensure tenant safety. This falls under the implied warranty of... View More

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