Legal Question in Real Estate Law in Alabama

Landlord allows drug dealers to live in complex/breach of lease

I'm renting my first apartment. My landlord hasn't fulfilled several promises he has made concerning having the place clean and painted when I moved in, supplying substandard (filthy) appliances for me to use and allowing a drug dealer to live in our building.

All other problems I can live with, but the drug dealing scares me. The landlord is aware of the dealing, he knows the cops have been over to our building several times, the mother of the drug dealer openly tells everyone she's months behind on rent but the landlord won't do anything to get them out of the place.

I'm currently moving my stuff back to my parents' place and still have to pay rent until November. I want to fight having to pay the remainder of the rent for living under these horrendous conditions.

What legal grounds do I have for breaking the lease? There is a clause in my lease I can share here which prohibits this behavior.

All help is appreciated.


Asked on 7/09/00, 4:35 pm

1 Answer from Attorneys
David Forrester Forrester & Associates

Re: Landlord allows drug dealers to live in complex/breach of lease

While you must first look to your lease for relief, as a general rule if a dwelling is unfit for human habitation, then you are relieved of your obligation to pay rent. This is a facts and circumstances question, or just how bad is it and what could your landlord do about it and when and how much does he know about the problem. Additionally, your landlord may face criminal and civil liability if he or she has knowingly permitted this activity to continue. He is not required to provide security guards, etc., but if there is a serious problem and he fails to take reasonable steps to correct it, he may be on the hook.

When you look at your lease see if the terms �quiet enjoyment� or prohibition of criminal activity are in the lease. They may justify you breaking your lease.

If we can be of assistance, please contact us at Forrester & Associates, 256-435-1007.

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Answered on 9/08/00, 3:10 am


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