Legal Question in Landlord & Tenant Law in Alabama
If I have signed a lease and termination lease notice stating I would have my items removed from the property by November 7th and my ex-landlord put those items outside before then, what can I do legally to stop her?
1 Answer from Attorneys
The Alabama Lanlord and Tenant Act governs all actions arising from such situations. If you signed a 14-day notice of termination based on you being in material breach of your lease, your lease terminates after 14 days. At that point, you are supposed to surrender the premises to the landlord.
However, the landlord generally has a duty to keep your property safe for 14 days after termination or abandonment.
So, if you signed a termination agreement (I cannot tell without seeing the exact wording) that ends a 14-day period on November 7, 2012, the landlord may not dispose of your property prior to that day. If they did, you would have a claim for damages of the cost of replacement of said property.
Of course, all of this is generally speaking according to the code. None of it applies directly to you without knowing exactly what your lease and termination notice actually states.
The best advice is to see an attorney prior to the anticipated problem actually occurring.
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