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Slightofhand

Query...

4 posts in this topic

Alright, here is the situation. My friend rents a 1 bedroom 1 bath from his land lord. They have no written lease or anything signed of the like. Rent is paid weekly, and he has receipts for all rent paid. The receipts are all filled out and signed by the land lord. All agreements are verbal only. The space he rents is connected and part of the land lords house. He has lived their for 6 months and receives mail at the address. State is Alabama.

Ok here's his concern,

1. Can she evict him from the property for no reason, under these circumstances?

2. If so, can he fight her legally?

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Can she evict him from the property for no reason, under these circumstances?

No. No one in the history of the world has ever done anything "for no reason." There's always some reason. If your intent was to ask whether your friend's landlord can legally evict him for things other than non-payment of rent, excessive noise, etc., the answer is yes. He can be legally evicted for any reason other than because of his race, ethnicity, gender, etc. Your friend has what is typically called an at-will tenancy, which means that either the landlord or the tenant can terminate the tenancy at any time and for any reason, other than those things that are expressly illegal, by giving notice to the other.

If so, can he fight her legally?

I'm not really sure what you mean by this. In light of my response above, can you clarify your question?

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1. Can she evict him from the property for no reason, under these circumstances?

Actually, yes. In fact, with a week to week tenancy, she only hase to give him 7 days notice.

See statute 35-9A-441 (a).

http://law.justia.com/codes/alabama/2009/Title35/Chapter9A/35-9A-441.html

2. If so, can he fight her legally?

Not unless it's prohibited retaliatory conduct.

See 35-9A-501:

http://law.justia.com/codes/alabama/2009/Title35/Chapter9A/35-9A-501.html

You might get better comments if you explained exactly what's happening to him that giving rise to these questions.

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