Legal Question in Real Estate Law in Alabama

Re: Removal of tenants and mobile home

Private tenants can have several different types of tenancy. Some of these give you more rights than others.

The first step is to know what kind of tenancy you have, as it can have a big impact on your rights.

Note: The Statute of Frauds requires "a lease for more than one year must be written."

Periodic tenancy , commonly known as week-to-week or month-to-month or year-to-year , is a tenancy which continues from one period to the next automatically, unless either party terminates it at the end of a period, by notice, which is usually the length of the rental period.

� Distinguished from tenancy for years

� Creation of periodic tenancy

� Arising from holdover

Termination of tenancy : A periodic tenancy will automatically be renewed for a further period unless one party gives a valid notice of termination. Today most states have statutes regulating the notice rule and typically require only thirty days notice for any tenancy, even year-to-year. Contract law, however, usually allows for agreement on longer - or even shorter notice - if spelled out clearly in the written agreement.

Due process right

Tenancy at will is a tenancy which has no stated duration and which may be terminated at any time, by either party.

� No notice to terminate

� How at-will tenancies arise

� Terminable at the will of only one party

� Event caused termination

If you have to evict a tenant, you must follow proper eviction procedures for removing the tenant and the tenant's possessions from the rental property. Here's how.

Instructions

� STEP 1: Determine valid reasons under local laws for evicting the tenant, such as failure to pay rent, repeated violations or the breach of a lease clause.

� STEP 2: Give the tenant adequate written notice that you are terminating his or her tenancy, following state and local eviction procedures.

� STEP 3: File a lawsuit to evict the tenant if the tenant does not move or correct violations after receiving a termination notice.

� STEP 4: Realize the tenant may mount a defense against your eviction lawsuit, possibly increasing the time of the eviction process.

Tips & Warnings

� If you win the eviction lawsuit, most states require that tenants receive a written notice to vacate the premises, delivered and served by a law enforcement officer.

� Landlords who know their legal rights and comply with local landlord-tenant laws stand the best chance of successfully evicting a tenant.

� Consult with local rental housing authorities or a knowledgeable real estate attorney about proper eviction procedures under your state and local laws.

� Comply exactly with local and state eviction procedures to avoid costly delays or mistakes in the eviction process.

� Avoid taking illegal actions against a tenant, including "self-help" eviction measures like changing the tenant's locks, physically removing the tenant's possessions, or taking retaliatory actions against the tenant.

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Re: Removal of tenants and mobile home

Your question was sent to me by the administrator, but I am an Arizona attorney. You need an attorney in the state where the land is located.

Move to get an attorney without delay. If the man stays long enough, he will acquire title to the land by adverse possession (squatter's rights).

good luck,

James D. Jenkins