Help with eviction notice in Alabama?
We have rented our house for almost a year.We have told the landloard many times about repairs.The attic has lent piled up in one corner from where the dryer hose wasnt attached when the last people where here.I wrote to the BBB about it and the landlord said it wasnt lint.Near the back door the hard wood floor is spaced apart and pulling from the wall due to water damage from the last people that lived here.The landlord said oh its nothing to worry about.The floor there is super cold due to the damage.Both the front and back door dont have weather stripping and cold air comes thru there.Our dish washer doesnt work and the tolets run 24/7.The roof had a leak that we were told was fixed.Well we noticed it wasnt and now it leaks ever time it rains.The pest control guy came and made note of the repairs and sent it to the landlord.Nothing is fixed to date.We were seved a eviction notice for not paying rent,I told landlord that nothing would be paid until its fixed.Can he evict us for this.
June 24th, 2011 at 8:33 am
Hiring a lawyer for legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful – http://www.uelp.org/freelegal.html
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June 26th, 2011 at 1:33 pm
If you want to withhold rent you need to find out what the laws of your state are. There are certain things you must do before you just stop paying rent. First you must give the landlord written notice of the problems with the rental unit. You must tell him that you are giving him until a specific date to correct the problems and that if the problems are not fixed by that date you will withhold rent.
Once you actually get to the point of with holding rent you MUST open a bank account and put the rent into this account. It will be very very bad for you to walk into court and tell the judge that you have not been putting the rent into this account.
The landlord owns the property he can file for eviction any time he wants. Will the judge side with him? That will depend on how bad the issues you are complaining about really are. It kind of sounds like you moved into a dump and now want the landlord to turn it into a palace. Maybe it is time for you to just move? If you do go to court bring pictures, witness statements and maybe even repair estimates.
Good luck.
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June 28th, 2011 at 8:34 pm
Yes he can evict you.
Torts for failed repair (lawsuit) does not give the renter the right to withhold rent by agreement. You agreed to pay rent each month for the dwelling. You must pay this.
Any problems with the agreement (lease) must be handled by a seperate legal action. At which time the courts or a Judge can keep the rent money in lein until the case is settled or repairs done.
By taking the “law” into your own hands, you in fact have broken both the law and the rental agreement.
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