Category Archives: alabama landlord-tenant law

Early Lease Termination

Last month we discussed early termination of a lease agreement in the case of active duty military transfers. This month, we are going to discuss what happens when a tenant informs you – for whatever reason – that he is moving despite being under an unexpired residential lease agreement.   As discussed last month, aContinue Reading

Leases and the Active Duty Military

Leases and the Active Duty Military In honor of Veteran’s Day, this month we are going to discuss the Servicemembers Civil Relief Act (SCRA).  This piece of federal legislation allows a service member to terminate residential lease agreements under certain circumstances. The SCRA is designed to protect active duty military members, reservists who are in activeContinue Reading

Contractual Modifications of Residential Lease Agreements

This month we are going to discuss contractual modifications of residential lease agreements.  A lease agreement is a legal contract providing possession of residential premises to a tenant for a fixed duration upon set terms.  There is no general contractual right to modify a legal contract – its terms remain binding on both parties forContinue Reading

Ask the Attorney: September Edition

Dear Ask the Attorney:I have recently taken over management of a single-family residential property from another management company. May I require that the existing tenant sign my lease agreement?  Generally, no.  If the former management company correctly styled the residential lease agreement (i.e., the lease is between TENANT and MANAGEMENT COMPANY AS AGENT FOR OWNER)Continue Reading

Ask the Attorney: March Edition

Dear Ask the Attorney: My lease requires that the tenant maintain utility service to the leased premises.  Also, my city has an ordinance that says that a tenant cannot live somewhere without active utility service. Huntsville Utilities has shut off my tenant’s power for nonpayment. Does this mean I can call the City and haveContinue Reading

Filing an Eviction, Part 5

NEW CLASSES! It has been a long time since I have developed a new class but I am pleased to announce that we have TWO new classes that will be taught in March/April. Fair Housing – Sales:  I am actually very excited about this course because it contains an hour-long segment on prohibited advertising terms.Continue Reading

Once Again, Notice Defects

This article is the second in a six-part (at least) series that is designed to give you a detailed look at each segment of the unlawful detainer process. This particular article focuses on the termination notice required before an unlawful detainer action has been filed. A valid termination notice is a condition precedent to theContinue Reading

What is "reasonable wear and tear"?

Classically, a security deposit is designed to ensure that the rental premises are returned to the landlord in roughly the same condition that they were leased out, minus “reasonable wear and tear”. That phrase often confuses landlords – the tendency is to think that all tenant-caused “damage” (or dirt) is the proper province of aContinue Reading

Expanded & Updated Formbook Now Available

Based solely on your feedback, I have “overhauled” the form book and dramatically expanded the content – a Table of Contents is attached below for your review. There are approximately 40+ Alabama-specific forms designed for the residential rental property manager or self-managing owner. I have also had these forms “peer-reviewed” by my counterpart at LegalContinue Reading

Meth and the Residential Landlord

The manufacture and use of methamphetamine, a highly dangerous, addictive and illegal drug is rampant throughout the United States. Usually it is manufactured in clandestine labs in trailers and homes in remote areas. Due to the severity of the problem, law enforcement has been making methamphetamine eradication a major priority. The manufacture of methamphetamineMethamphetamine canContinue Reading