Free Alabama Landlord/Tenant FAQs | Free Alabama Landlord/Tenant Legal Documents

Breach Of Lease

Tue, 29 May 2007 21:19:00 GMT

LANDLORD BREACHTENANT`S REMEDIES
Tenants have the right to sue when landlord causes injuries to them by making negligent repairs. In addition, if a landlord fails to make reasonable and necessary repairs, tenant may make necessary repairs using the lowest of three estimates. The cost of necessary repairs made by tenant which affect the habitability of the leased premises may be deducted from the following month`s rent.

TENANT`S BREACHLANDLORD`S REMEDIES
If the tenant breaches the terms of the lease the landlord must give the tenant 10 days notice to leave the premises. If tenant abandons the premises, the lease is terminated and no notice is required. Landlord is entitled to an action against anyone who interferes with landlord`s tenants so as to disturb their enjoyment and thereby cause loss of rent to landlord. If the tenant abandons the premises the landlord may allow the premises to remain vacant and recover rent for the whole term or put an end to the lease by reentering the premises. The landlord may put a lien on the tenant`s personal property, including any vehicle that is parked on the leased property, if rent is not paid.

Changes/ Modifications Of The Lease

Tue, 29 May 2007 21:19:00 GMT

Changes to the lease that are agreed upon by both parties do not have to be in writing, though proof of an oral agreement is difficult to make. When a lessor buys land that he has leased in the past, he must expressly terminate the lease.

Eviction/ Holdover Proceedings

Tue, 29 May 2007 21:19:00 GMT

On the expiration of a lease the tenant has a duty to peacefully surrender leased premises. If he neglects or refuses to do so landlord may at his option treat him as either a trespasser or as tenant, it is the landlord`s choice.

Landlord Obligations

Tue, 29 May 2007 21:19:00 GMT

Leased property is not warrantied to be safe or suitable for occupation, so long as there is no fraud, false representations, or knowing concealment of defects.

Landlord is obligated to maintain common areas in a reasonably safe condition in order to avoid liability for injury to tenant or guest. Landlord is liable only for injury incurred in actual leased premises resulting from latent defects which are known to the landlord at the time of leasing, but are concealed from the tenant. Landlords have the same responsibility to exercise due care with regard to common areas over which they retain control as ordinary landowners would have. Landlord, however, is not the insurer of safety for the premises. Landlord has no duty to inspect for latent defects. Landlord, in the absence of a covenant to repair, is liable only for latent defects which he knows of at the time the lease is made and which he conceals from tenant. When a landlord voluntarily makes repairs, he is liable for negligence in making those repairs provided there is no agreement to the contrary. The duties and liabilities of a landlord to wife, children and other members of the tenant`s family or household are the same as those between landlord and tenant. When rent is not paid, landlord must demand payment before reentering the premises and evicting tenants. If landlord puts a lien on tenant`s personal property, he must enforce the lien according to the procedure in the statute. Before reentering leased property a landlord must give written notice and provide an opportunity for the tenant to cure any default.

Lease Terms & Security Deposit

Tue, 29 May 2007 21:19:00 GMT

Items to look for in lease from tenant`s perspective

Military Clause upon PCS or ETS, lease becomes void upon 30 days notice to landlord
Landlord`s obligation to allow quiet enjoyment of premises
Landlord`s obligation to make repairs not caused by Tenant`s negligence
Tenant`s right to return of security deposit security deposit kept in escrow account until lease is terminated
Pet Deposit / Pet Issues
30 days written notice required before vacating premises

Tenant Obligations

Tue, 29 May 2007 21:19:00 GMT

Tenants must use property only for purposes specified in the lease (i.e., if tenant wants to conduct business on residential property, the landlord must agree to it). Tenant has a responsibility to leave the premises in the same state of repair as at the start of the lease. Tenant must repair damages that did not result from normal use. When landlord accepts abandonment of premises, tenant is no longer liable for rent under the lease, except when abandonment breached the terms of the lease. Tenant remains liable on the lease for rent and damages until a new tenant signs a lease for the premises. Landlord is only required to make reasonable efforts to secure a new tenant.

The Lease Agreement

Tue, 29 May 2007 21:19:00 GMT

For the lease agreement to be binding the landlord must sign and his signature must be witnessed. The tenant does not need to sign for the lease to be binding, occupation of the premises is considered to be acceptance of the lease agreement. An exculpatory clause in standard residential apartment lease exempting the landlord from liability for any injury to person or loss of or damage to property form any cause is valid and enforceable. The lease should state who is responsible for repairing the property, and also when and how repairs to the property are to be made. When the tenant pays rent in advance, the rent becomes the property of the landlord. If there is an option to renew the lease in the lease agreement, the landlord must renew the lease upon notice from the tenant. If leased property is sold while a lease agreement is in effect then the new landlord is bound by that lease.

Types Of Tenancies

Tue, 29 May 2007 21:19:00 GMT

Tenancy at will: When there is no specified time for the lease it is considered to be an at will tenancy which means that the lease can be terminated by ten days notice from either the landlord or the tenant.

Periodic Tenancy: A tenancy which runs for a certain period of time, renewable for the same period of time (ex. one year to the ext).

Lodger: one who has the use of property without actual or exclusive possession, such as one who lives in spare room of a house whose owner retains direct control , supervision or care of entire house.

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