Alabama Landlord and Tenant Rights and Responsibilities in the Case of Condemnation

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Multi-State
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US-OL11015B
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Description

This office lease form addresses the rights and responsibilities of the landlord and tenant in the case of condemnation. It covers the use of a critical path analysis and disputes arising with respect to it, the right to cancel the lease, the time frame for making repairs to the premises, and the landlord's option to restore the premises.

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FAQ

A condemnation action is begun by filing a complaint in the Probate Court in the county in which the property is located. When the complaint has been filed, the Probate Court must set a date for the hearing and issue notice to the owner unless notice has been waived.

Property § 35-9A-423. (a) If a rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 14 days pursuant to Section 35-9A-304 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.

(b) If a landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes excessive demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement ...

Keep in mind that with a long-term lease, the landlord cannot increase the rent until the lease ends and a new tenancy begins?unless the lease itself provides for an increase. Alabama landlords may not raise the rent in a discriminatory manner?for example, only for members of a certain race.

Alabama landlords must give two days' notice and can enter only at reasonable times. (Ala. Code § 35-9A-303 (2022).)

Overview of the 2023 Update to Alabama Eviction Laws Extended Notice Period: The update extends the notice period that landlords must provide to tenants before initiating eviction proceedings. The new law requires landlords to give tenants a minimum of 30 days' notice before filing for eviction.

(a) Counties and municipal corporations may condemn lands for public building sites or additions thereto, or for enlargements of sites already owned, or for public roads or streets or alleys, or for material for the construction of public roads or streets or for any other public use.

Code § 35-9A-204 requires the landlord to maintain the property in a safe and habitable condition: Compliance: Obey all building and housing codes that affect health and safety. Repairs: Make all repairs to keep the property safe and habitable. Common Areas: Keep all common areas clean and safe.

Noncompliance with rental agreement; failure to pay rent. An intentional misrepresentation of a material fact in a rental agreement or application may not be remedied or cured.

Ing to the Alabama landlord-tenant law, tenants in Alabama have the right to seek a habitable unit that complies with local health and safety regulations. If the property requires any repairs, tenant rights allow them to request these services from the landlord.

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Alabama Landlord and Tenant Rights and Responsibilities in the Case of Condemnation