Has the Seller of the Home I'm Leasing Breached Contract

[pellcity1014]

My question involves landlord-tenant law in the State of: Alabama
My family signed a lease/purchase agreement several months ago for a year agreement. Barely three months in, the owners began harrasing me in regards to financing. They backed off for a bit. My husband is currently overseas in Afghanistan but has a brief visit home where he met with the owners. Anyway, last week the owner left me a voice message wanting to know if we would be home on Tuesday, that they needed to send and insurance guy out. I called back and left a message that we would be home. I sat home all day and no one showed. I left the house that evening to go sit with my mother-in-;aw who is recovering from open heart surgery. My son left the house about an hour after I did at arounde 6p.m. My son had barely left the house when the owner of the home called an left a message that he was going into the home. I called him after this to find out why he went into the home and he said that we waited all day for the insurance agent. He then texted me (I saved the texts) that there was no insurance agent....that he showed the house to a family that might be interested in buying it. This was done without my knowledge or consent. He claimed our contract was over and that we had been living month to month. This was incorrect. I got the copy of my agreement and texted him letting him know that I have through September and that I am not a month to month tenant. After several minutes, he called me and stated that he was a stupid idiot....tht he called his wife....who I guess located their copy. He said that all this time they thought they had written up a 6 month agreement and not a year....they got confused. Anyway, he apologized for being so stupid. Regardless he came into the home without permission in an effort to sale it. What recourse do I have if any since the lease/purchase is not up? My next door neighbors also saw him do this and he had told them how we had not financed so he was starting to show the house again.

[jk]

what do you want to do? He has no right to enter without adequate notice or your permission except for a very few reasons. You can attempt to report his illegal entries as trespass but I suspect the police would not be all excited about the issue. You could go to court seeking an injunction demanding the LL comply with the law.

Just not really sure what you are wanting to do.

Access.

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.


(b) A landlord may enter the dwelling unit without consent of the tenant in case of emergency.


(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least two days' notice of the landlord's intent to enter and may enter only at reasonable times. Posting of a note on the primary door of entry to the residence of the tenant stating the intended time and purpose of the entry shall be a permitted method of notice for the purpose of the landlord's right of access to the premises.


(d) A landlord has no other right of access except:


(1) pursuant to court order;
(2) as permitted by Sections 35-9A-422 and 35-9A-423(b); or
(3) unless the landlord has reasonable cause to believe the tenant has abandoned or surrendered the premises.
(Act 2006-316, p. 668, §1.)

[pellcity1014]

What I'm wondering is since he was dishonest about the matter...I believe he was waiting for the house to be empty because I don't think he wanted me there....he never indicated that he would be coming over nor did he indicate the "insurance agent" would be coming inside. I want to know if I am entitled to any refund of the $8,000 downpayment we had to give him in order to move instead the start of this venture if I choose to leave.

[jk]

I want to know if I am entitled to any refund of the $8,000 downpayment we had to give him in order to move instead the start of this venture if I choose to leave.

Not because of that action. You also wouldn't have any right to leave because of that either, at least without violating your contract.


Since your contract is still in force, you have the right to exercise any option your contract gives you. I presume you do still have the right to purchase the home so if you intend on doing it, I suspect you need to get moving. If your contract entitles you to a refund or partial refund of your deposit, then I suggest complying with the rules in the contract to be able to make a claim for it. It does appear he intends on attempting to sell the house to some other party if you do not exercise your right to purchase it.