My landlord is trying to put me out of my house. As of April 15th we have no lease and have been living month to month...In Alabama can he just kick us out or what does he have to do ...We owe him for Junes rent and for a small amount of May...What are my rights
2007-06-08 05:34:56 · 7 answers · asked by Mrs. M 5 in Business & Finance ➔ Renting & Real Estate
I have found a website that defines the issue at hand.
I hope these help you out.
http://www.legislature.state.al.us/CodeofAlabama/1975/35-9-6.htm
http://ali.state.al.us/legislation/landlord_tenant.pdf
Good luck.
s
2007-06-08 06:10:31 · answer #1 · answered by Stacey 2 · 0⤊ 0⤋
You certainly don't have the right to occupy someone elses property w/o paying rent.
He has to serve you legal notice and you you fail to vacate he obtains a court order and the sherriff points to the door.
He can also sue you for money and damages.
I would advise you to pay up and move out. Evictions stay on your credit report and make renting hard in the future (I would not even think about renting to you). They also look bad to employeers, you routinely read credit reports these days to get an idea of your level of honesty.
2007-06-08 20:57:16 · answer #2 · answered by Anonymous · 1⤊ 0⤋
He has to get an eviction order through the courts. That's pretty easy in most states, especially AL.
If you were my tenant and were behind on the rent, I'd probably be trying to evict you as well.
If he's given you a notice to "Pay or Quit" those are your options: Pay your arrearages or move out.
2007-06-08 12:51:56 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 1⤋
First off my "legal disclaimer": I am NOT a lawyer and this is NOT legal advice it is showing you your states laws and speaking from my personal experience in my own state
The link below has the different sections of code for landlord/tenant issues.
These are the three sections that seem to be most relevant to your question:
Section 35-9-5
Notice to terminate tenancy for term less than one year.
In all cases of tenancy by the month or for any other term less than one year, where the tenant holds over without special agreement, the landlord shall have the right to terminate the tenancy by giving the tenant 10 days' notice in writing of such termination, and the landlord upon giving said notice for said time shall be authorized without further notice to the tenant to recover possession of the rented premises in an action of unlawful detainer.
(Code 1923, §8822; Acts 1932, Ex. Sess., No. 13, p. 14; Code 1940, T. 31, §5.)
Section 35-9-6
Notice to quit for breach or default of terms of lease.
When default is made in any of the terms of a lease, it shall not be necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease; which notice may be substantially in the following form:
"To A. B.:
You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being (here describe the premises), I have elected to terminate your lease, and you are hereby notifed to quit and deliver up possession of the same to me within 10 days of this date. Dated this _____ day of _____" To be signed by the lessor or his agent; and no other notice or demand of possession or termination of such tenancy shall be necessary to maintain unlawful detainer.
(Code 1923, §8823; Code 1940, T. 31, §6.)
Section 35-9-8
Notice unnecessary when tenancy is for certain period.
When a tenancy is for a certain period, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand of possession is necessary.
(Code 1923, §8826; Code 1940, T. 31, §9.)
your best bet is to get in your phone book and contact legal aid in your area and depending on how much you make you could get free or reduced legal representation
Best of luck
2007-06-08 12:55:08 · answer #4 · answered by mikeinva1983 2 · 0⤊ 1⤋
he cant throw you out without giving a proper notice period.
you have 2 options here, get all your remaining money back and look for another house... if you have all proper paper work, make cops stand infront of his house for his misdeeds
2007-06-08 12:49:59 · answer #5 · answered by neeraj 2 · 0⤊ 3⤋
These are 13 year old kids looking to cheat on homework, not lawyers. RESEARCH you rights on that information box in front of you.
2007-06-08 12:43:19 · answer #6 · answered by kevrigger 5 · 0⤊ 4⤋
Do your own homework.
2007-06-08 13:38:54 · answer #7 · answered by Anonymous · 0⤊ 1⤋