Legal Question in Landlord & Tenant Law in Alabama

My mother lives in Alabama with her elderly sister (90) who became ill and was placed in a nursing home. My aunt owns the home they were living in, and during the process of evaluating the home for her return by health "officials", they declared the home to be condemned. If this is true, a) doesn't notice have to be officially posted; b) how much time would my mom have to vacate? I apologize for the fuzzy details; my mom was upset when she phoned.


Asked on 3/07/10, 11:55 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

It takes a little more than just a visit by someone who decides the home is not safe. The state and cities in the state have the power to decide that a building is "unfit for human habitation" and condemn the building, but there is a process that must be followed, including a process that allows the person who owns the property an opportuntiy to correct the defects. Amn appropriate county or city official has to give proper notice of the condemnation which includes posting a notice. The time to fix the problem is usually 45 days. If the home is rented by your aunt to your mother and another aunt, then the landlord tenant act may come into play. Additional facts are really necessary to determine what your next step is here. If the dwelling does not meet the minimum required standards, it must be made to meet those standards.

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Answered on 3/12/10, 2:33 pm


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