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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19472
Experience:  B.A.; M.B.A.; J.D.
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My now husband is backing to move. We got married last

Customer Question

My now husband is backing to move. We got married last monday. I am having floors redone due to mold and have scheduled movers for April 4th. He currently Rents this place that is not in good condition. He has lived there I know three years. No rental agreement was signed. He has asked David verbally to move out. Nothing in writing. David is behind on rent and was getting caught up and he said that was fine. He told David not to pay anymore rent to use that money to help move. The end of this month is thirty days. He got a note tapped to his door not even in an envelope saying he has 7 days to move out or pay what he owes in rent. David has spoke with him on the phone Saturday and said he will be moving soon that we got behind because of the floors needing done and then tonight he put this on the door. What are my options. Is looks like it was prepared on the 20th which is Saturday and he just got today. So I do not know if it is a true legal document or if the lawyers signature is real.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 1 year ago.

I am sorry, but I am having a hard time understanding your post.

Kindly review, edit, properly identify the parties and your issues, ask specific question, and resubmit.

Thank you for your cooperation.

Customer: replied 1 year ago.
The landlord asked tenant to move out almost a month ago. Tenant found note on door stating to be out in 7 days because of rent being behind or action would be files and he would owe all back rent. There was no rental agreement. A month ago when landlord verbally told tenant to move out there was no date specified. Tenant spoke with landlord on Saturday explaining that the move date was changed to April 4th due to the house he was moving in was having to put new flours down due to mold the landlord said ok. Then Sunday night he had that eviction notice on door. The house that the tenant lives in is not in that good of shape. Only one eye on the stove works good and a second eye ok. The rest of the stove and oven do not work. The refrigerator leaks and has to be constantly cleaned up. There is problems in the summer with wasps in the house and rats in the winter. There are holes in the wall that have never been fixed and light switches that have tape on them so no one will use them. The house is unfinished. Baseboards are leaning against walls and some closets have no doors. When there was a cold night the outside faucet broke. The tenant called the land lord and he just come cut water off to the faucet. The landlord has been notified of all complaints and has done nothing. Since the tenant lived there by himself he has not pushed the issue. The landlord has never mentioned to tenant before about being behind but the tenant has told him he new he was behind but would catch up and has been doing so. The landlord told him not to worry about the rent just use it to move. What are our rights?
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

Unfortunately, even if the Landlord has been non-compliant with the rental agreement, the Tenant must pay rent due in order to go after the Landlord for not making needed repairs. The Tenant's remedy for Landlord's non-compliance is to give the Landlord 14-day notice to cure or the rental agreement is terminated. The Tenant is not allowed to withhold rent for non-compliance. See Code of Alabama Title 35 Chapter 9A Article 4 Division 2 Section 35-9A-401.

Landlord can evict the Tenant for non-payment even if the Landlord has outstanding repairs. The Landlord however is prohibited from using self-remedy to accomplish the eviction. This means that if the Tenant does not pay rent and does not move out at the expiration date of the notice, the Landlord cannot change the locks or shut off the Tenant's utilities in order to force the Tenant out. The Landlord must use the Court system to accomplish the eviction. If the Tenant is illegally locked out, the Tenant can file lawsuit against the Landlord to regain possession of the premises and to recover damages for the illegal lockout. See Code of Alabama Title 35 Chapter 9A Article 4 Division 1 Section 35-9A-407. The lawsuit would be at the local Courthouse, where the property is located. The forms for filing the lawsuit are available at the Courthouse in the Clerk’s Office. You can use this link to find your local Courthouse.

Code of Alabama

Section 35-9A-407

Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.

If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to not more than three months' periodic rent or the actual damages sustained by the tenant, whichever is greater, and reasonable attorney's fees. If the rental agreement is terminated under this section, the landlord shall return all security recoverable under Section 35-9A-201 and all unearned prepaid rent.

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