Category Archives: landlord tenant act

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

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: April Edition

Dear Ask the Attorney:My property has made a decision NOT to  participate in the Section 8 program. I attended a training given by HUD and it seems to me that we are opening ourselves up to a Fair Housing complaint by telling applicants that “we do not accept Section 8″.  Is Section 8 mandatory now? 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

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

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

Form Book For Sale

I used the amendments to the landlord-tenant act as an excuse to update my forms and have assembled them into a book. These forms are Alabama-specific. There are 20 total forms, I believe, including a rental application, residential lease agreement, notice of adverse action under the FCRA, pet lease/pet disclosure, rental insurance addendum, rental accessContinue Reading