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  1. #1

    Default Suing a Landlord for Actions of a Tenant

    My question involves landlord-tenant law in the State of: Alabama

    I own my home. There are some folk who rent around the corner from me. In April, one the children burglarized my home. I immediately contacted the landlord, a local church here if you can believe it, and they have done absolutely nothing. The house is a haven for children who do not go to school, adults who have no jobs, and young girls who are pregnant.

    My question is if I am able to pursue any civil action against the landlord of the property. Alabama's Uniform Landlord and Tenant Act holds that tenants should not keep their neighbors from peacefully enjoying their own property. I have an elderly mother for whom I am afraid here. What are my rights?

  2. #2
    panther10758 Guest

    Default Re: I Own - They Rent

    Why are you not seeking damages from the parents of the children? The Church cannot be held accountable for the poor choices of its members but the parents can

  3. #3

    Default Re: I Own - They Rent

    That is another matter entirely. I am most worried about getting these folks out so that my mother and I can, once again, enjoy our home. Do I have a cause of action against the landlord who has, heretofore, been completely unmoved by my concerns?

  4. #4
    panther10758 Guest

    Default Re: I Own - They Rent

    Is the Church provoking, encouraging or in otherwise instructing these kids to do this? If answer is no I see no suit

  5. #5

    Default Re: I Own - They Rent

    The landlord owns the property that these folk rent and has a responsibility to those folk who are their tenants' neighbors. They have been negligent. These folk continue to be a nuisance, and the landlord has done nothing. The provocation or encouragement is implied by the fact that these tenants know I am making these complaints, and they also know that the landlord is doing nothing about them.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: I Own - They Rent

    What statute are you talking about - they're here, please identify the specific one.

    If you are referring to Alabama Code Sec. 35-9A-301, that describes a tenant's duties, not a landlord's, and relates only to other people on the premises, not in other locations. For example, in an apartment building with multiple units.
    Quote Quoting Alabama Code, Section 35-9A-301 - Tenant to maintain dwelling unit.
    A tenant shall:

    (1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;

    (2) keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit;

    (3) dispose from the dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;

    (4) keep all plumbing fixtures in the dwelling unit or used by the tenant as clear as their condition permits;

    (5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises;

    (6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly, recklessly, or negligently permit any person to do so; and

    (7) conduct himself or herself and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb the neighbors' peaceful enjoyment of the premises.
    If you observe somebody breaking the law, you can call the police.

  7. #7

    Default Re: Suing a Landlord for Actions of a Tenant

    That is the section. So, you are trying to say that the way it reads, that the tenant has no responsibility to the other neighbors in the community and that if the tenant does not respect his other non-apartment-complex neighbors, that it is of no effect with regard to the law, and the landlord bears no responsibility with regard to getting these folk off of the property? If that is what you are trying to say, I say that you need to go back to law school.

  8. #8
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Suing a Landlord for Actions of a Tenant

    Then by all means, go after the landlord in court. But the burden of proof is on you to prove that the law was violated; photos, witnesses, police reports, etc.

    Whether you prevail or not, you'll most likely find yourself looking for another place to live; it's pretty much a gaurantee that your lease will not be renewed. Worse yet, if you're on a month-to-month, you will be served with a 30 day notice to vacate.

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