Legal Question in Real Estate Law in Alabama

Sue for late fee 1 yr after termination of lease

What is the Ala law regarding suing a previous tenant a late fee for rental payment over 1 year ago and after the term of the lease is expired? I have sued my previous landlord for refund of deposit and she has filed a counter-suit for misc items and a late fee that I was unaware of and she never adv me nor tried to collect. Our contract expired 3/02 and the late fee was 8/01. Please adv b/c we are trying to settle out of court and I want to be fair if she can be awarded this late fee.

Thank you so much!


Asked on 10/31/02, 3:02 pm

2 Answers from Attorneys
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Sue for late fee 1 yr after termination of lease

I did not say that they could definitely sue you for the late fees. You need to have an attorney look at the lease and go over the entire situation.

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Answered on 11/04/02, 6:54 pm
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Sue for late fee 1 yr after termination of lease

This sounds like a breach of contract claim, which can be brought, in Ala, within 6 years of the breach, generally speaking.

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Answered on 11/03/02, 4:20 pm


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