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Alabama Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Litigation, Employment Law and Landlord - Tenant for Alabama on
Q: I have an old, two years, unwritten lease with utilities with my employer who is also my landlord. Am I a tresspasser?

He is harrassing me to get out and says that I am a tresspasser but refuses to fire me, pay me, or give me a 30 day written notice to vacate although the Huntsville Police told him to do just that. He refuses to let me put the utilities in my name and he willfully let the utilities to be turned... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 20, 2020

Good grief! You need to hire a lawyer immediately! If you can’t afford one go to your nearest legal aide office! And good luck!

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: In Alabama, may I lawfully withhold rent for landlords failure to provide quiet enjoyment.

I have brought it to their attention, the attention of the police, I have endured a large incessantly barking dog who has barked for hours at times and romps and runs above my ceiling. This is the security officer for the complex and I have endured it for eight months. I am a reasonable person.... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 7, 2020

No you may not. What you can do is file a suit against your neighbor for a nuisance. But if the landlord allows pets then there is probably nothing you can do about it, except get a money damage and to do that you have to prove damages, like lost wages, emotional distress and having to be... Read more »

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can I move without giving a notice?

I have been trying for two years to get my landlord to fix my leaky roof (among other serious issues). She finally hired some *cheap* people to replace it. One of the guys fell through the roof and now there is a GIANT hole in our ceiling. Her response was very unconcerned and just said, "well... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 3, 2020

No you must give notice to vacate. But take lots of pictures and put everything in writing. Good luck.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I live in the state of Alabama, my dad passed away and his landlord that he rented a lot for him mobile home is trying

I live in the state of Alabama, my dad passed away and his landlord that he rented a lot from for his mobile home is trying to sue me. He is trying to sue me for back rent and property cleanup can he do this legally?

Sheila Crumley Field
Sheila Crumley Field answered on Oct 1, 2020

If you are the executor of your fathers estate he can. Also remember anyone can be sued. Whether or not they win is another story. If you were not on the lease agreement it is highly unlikely they will win. However you must defend the lawsuit. If you do nothing, they can get a judgement against... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Alabama on
Q: Is it legal for my landlord to take half of my mortgage payment and put it towards interest if i did not get a loan

i am purchasing a house directly through the owner and I didn't get a loan we just agreed on the payments. he takes half of the payments and puts it towards the interest and I don't understand how or if if it is legal.

Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

Unless you have a Deed and have given him a Mortgage, you have purchased nothing. That is called a Lease and you are subject to a quick Eviction, not lengthy Foreclosure. Hire a competent attorney to analyze your situation. Either buy it or leave. Do not just lease thinking you are, or will... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant, Legal Malpractice and Probate for Alabama on
Q: Does a handwri statement have to be certified in order to make it legal.

Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

The probate court would need to determine that the handwritten statement satisfies the requirements for a holographic will. You will probably need a probate attorney to help you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: We were purchasing a home in Alabama. The people that live there wouldn't move out. They were given a written 30 day

Notice.After given the 30 day notice the corona virus shut everything down. The govenor suspended eviction notices. My question is did there 30 days start counting when the notice was given or will it start when the suspension is lifted?

Anthony M. Avery
Anthony M. Avery answered on Apr 14, 2020

The notice to leave the premises is not an eviction proceeding being prosecuted at Court. Once the Courts open up, file your eviction suit immediately.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: My landlord tells me I cannot have my boyfriend over or he will trespass him what can I do

What is my cousin are both on the lease she does not like my boyfriend that's why the landlord is saying that but her boyfriend is allowed there. My boyfriend has broken no rules or laws on the property

Sheila Crumley Field
Sheila Crumley Field answered on Apr 7, 2020

No they may not prevent him from coming in the property. However if he spends the night he could possibly evict since he’s not on the lease.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: Student w/ active apt lease. Can I keep my bdrm locked during showings and when I’m gone out of town? What are my rights

I’m a student w/ an active apt lease, I was not provided an intent to sell from PM, only day & time of showings. Apt went on mkt days after water damage (that still hasn’t been repaired) from a water heater was reported.

Anthony M. Avery
Anthony M. Avery answered on Nov 27, 2019

Unless the Manager destroys or steals your property, what would be your damages? There is no cause of action here. Even if the Manager and Customer hurt something, how would you prove it? Generally a landlord can enter the premises.

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Alabama on
Q: My dad had a power of attorney over me. My grandfather left the farm to me and my dad . My dad signed me off deed and

Sold for 500k. He passed away and probate is still open . I know there is a 10yr limitation , however if I was home and wasnt advise about sale someone said I could file motion in probate for half of the sale price. Because a POA suppose to benefit the principle and since I was home I should have... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 18, 2019

It does sound like you need to take court action and quickly, but this is not something that you can handle on your own. You really need to seek out an experienced probate and real estate attorney to help you with this matter. It will help the attorney if you first visit the probate court and... Read more »

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.... 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.

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