Category Archives: eviction

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

Filing An Eviction, Part 4

This article is the fourth in a six-part series that is designed to give you a detailed look at each segment of the unlawful detainer process. This particular article focuses on the process of actually filing the action. 1. An unlawful detainer action must be filed in the proper county. The proper county is theContinue Reading

Landlords & Lockouts

Five Minute Fact Pattern: Manager Marta, who is new to property management, lives on-site at an apartment community. At 3:00 in the morning, Social Sam, a “tenant” knocks on her door. Social Sam is obviously intoxicated and has misplaced his keys. Manager Marta lets Social Sam into the apartment that she knows he shares withContinue Reading

Why Proper Notice Matters

I’m going to spend a few minutes today talking about one of the few ways a landlord can lose an unlawful detainer action under Alabama law – using an improper “Notice of Material Non-Compliance” or “7 Day Notice”. A proper 7 Day Notice is condition precedent to filing an action and cannot be corrected onceContinue Reading

What is an "unlawful detainer" anyway?

Property managers often call and ask why we call it an “unlawful detainer” action when we file an “eviction”. This week, I’m going to explain the types of entries that can be made onto land. I’m also going to explain the reason why a landlord who accepts a partial payment from a tenant during anContinue Reading