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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33786
Experience:  15 years real estate, Realtor. Landlord 26 years
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On January 15th of this year, my family and I moved into a

Customer Question

On January 15th of this year, my family and I moved into a home for $500 a month in rent. The home, in my opinion, was well worth it. It is in the nicer area of Samson, Al. I am also familiar with most of my neighbors since I have lived and worked in the area for the last 12 years. I had previously rented from the same landlord at a different address approx. 9-10 years ago. His name is***** We have continued to pay our rent on the 15th of each month with no problems until last month. Last month we had to break up our rent into 2 payments due to an unexpected car repair. Our rent was completely paid on the 24th of April. Mr. Griggs stated that from now on the rent had to be paid by the 2nd weekend of the month and if we needed him to work with us, we could pay 1/2 the 1st weekend and 1/2 the 2nd weekend. Since we had just put out over $700 in less than 3 weeks, I informed Mr. Griggs that it was going to be extremely hard for us in May, but we would see what we could do. June would not have been a problem since there are 5 paydays in May. I informed his man that collects the rent that we would have the rent for May on the 15th & then we could get on Mr. Griggs' schedule for June. Then last Saturday, Mr. Griggs served me with a 7 day eviction notice stating that we have to be out by 5:30 on the 15th. Mr. Griggs does not do any kind of lease. What can I do? I don't want to move but Mr. Griggs is known for raising the rent if you cross him or make him angry.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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I am sorry to hear that you have had financial problems that are affecting you ability to pay the rent.
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Unfortunately, the landlord has a legal right to demand the full rent when due and has no duty to break up the payments unless there is some agreement between landlord and tenant to do so.
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If he has served you with a 7 day notice, which is the legal amount under Alabama law to terminate a tenancy for nonpayment, then unless you can convince him to wait, if you aren't able to pay the full rent within that 7 days, he can then file a formal court action to evict.
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Once the landlord files the eviction complaint, the tenant has 7 days in which to respond. If they do not, then landlord can get a default judgment against them. Even if they do respond, unless they have some defense to the eviction, like they actually paid rent, they will lose and the landlord will get a judgment. Then the tenant gets 7 days to move before the landlord can have the sheriff formally evict them and put all their property out on the curb.
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
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thanks
Barrister

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