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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 114818
Experience:  Attorney with over 24 years experience.
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I was issued an eviction notice and went to court. I agreed

Customer Question

I was issued an eviction notice and went to court. I agreed in court to pay him the amount and leave in the 7 days. We did talk two days after that and came to an agreement for me to stay. I was to pay him money down and then each month a certain mount. Then out of the blue he decided I had to go and said the sheriff would be here to put my stuff out if I wasn't gone. Does he have the right to do that if we came to another agreement?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you came to another agreement and you can prove that new agreement for you to stay, then you can file a suit in court for this being an unlawful eviction. Unfortunately, if you do not have proof of that new agreement, then he had a right to exercise the eviction notice beyond the 7 days agreed to when you were in court.
This is the reason that the statute of frauds in AL requires agreements of this nature to be in writing to be enforceable unless you have some other proof of the agreement, such as you can prove you paid him additional money above what you agreed to pay him in court for the 7 days, which would be proof a new agreement was entered into that would invalidate the eviction.
If you have proof of the new agreement, then you could file suit against him in court for unlawful eviction based solely on the new agreement for lease you entered into with him.

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