Category Archives: alabama landlord-tenant law

Can I Still Charge Termination Penalties?

This question comes to us from one of the properties that we represent in Shelby County, Alabama: Question: I served a Notice of Rental Agreement Noncompliance to a tenant that was behind on their rent. The tenant moved out within seven days and we did not file an unlawful detainer action. Can I still chargeContinue Reading

Is your rent drop-box worth it?

How secure is your drop box? How hard is it to reach the payments inside? In my practice, I get numerous calls from landlords who have drop box break-ins. In a drop box break-in situation it is impossible to disprove the claims of the many tenants who allege deposit of cash payments into the dropContinue Reading

Video 2 of 3

Please excuse the lack of technological ability.Continue Reading

The "Sarahviction" – Video One of Three

If you are seeing this video, you have been sent here by my office regarding the “negotiated pay and stay”.Continue Reading

A Landlord’s Obligation re: Criminal Activity

As proof that someone is actually reading this blog (I know, I was shocked as well) I have a question to answer! Alex, a student at Auburn, requested that I speak to a landlord’s obligation to provide protection against the criminal acts of third parties. Generally under Alabama law “absent a special relationship or circumstances”Continue Reading

2011 Updates to the Landlord-Tenant Act

The Alabama Residential Landlord and Tenant Act was amended on the last day of the legislative session by a unanimous House vote and a near unanimous Senate Vote. The Governor signed the 2011 amendments on June 21, 2011 and they are set to go into effect on August 1, 2011. These amendments are, by andContinue Reading

Abandonment Issues & Landlords

Tenant abandonment is a complicated issue and there are no clear answers. The bottom line though, is this: a writ of possession, issued and executed by the sheriff, is ALWAYS the safest option.First, you need to realize that the law on abandonment of a leasehold is not favorable to a landlord. It turns on theContinue Reading

Your late fees provision may not be enforceable.

It has come to my attention that several District Court judges in Madison County have been refusing to enforce certain late fees provisions in residential lease agreements, finding the late fees to be exorbitant and unconscionable, under the case Abb’s Moving Service, Inc. v. Sarah P. Wooldridge, et al, 612 So.2d 449 (Ala. 1993). UnderContinue Reading

Towing a Tenant’s Car: Making Sure Your "Abandoned Vehicle" Policy Won’t Expose You To Risk

Question: I have a tenant who has parked an inoperable vehicle in my parking lot. This is a clear violation of his lease agreement and we called the tenant repeatedly about his car and he did nothing. Earlier in the week my courtesy officer “tagged” the car and this morning we had it towed. ThisContinue Reading