Legal Question in Real Estate Law in Alabama

I rented a beach house with a no cancellation policy. Due to the current situation with the oil spill and the proximity of it, I spoke with the rentee and she agreed to refund the money if the situation became dangerous. NOAA has closed all federal and state waters in this area to all fishing. Warnings are even coming out from the Health Department to not swim in the ocean.

I have since spoken to her and now she refuses to refund the money. Do I have a case since she agreed to a refund in an email or is the rental contract the only binding item?


Asked on 6/03/10, 10:25 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

Is there a written e-mail wherein she says she will refund your money? If so, you could sue and present the e-mail as evidence that she modified the rental contract to allow for a refund because of the oil spill. You will have to sue her to do this. This will mean you have to come to court. Is it worth it? Maybe you should just rent the beach house anyway. If you have the documents you might win. Consult an attorney.

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Answered on 6/08/10, 3:34 pm


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