Legal Question in Real Estate Law in Alabama
Unlawful Eviction - Eviction, then Legal Procedures
Commercial Lease for 48 month term. Tenant behind on lease payments. Tenant occupies property as retail sales outlet, $1,000,000 inventory. Landlord phones tenant as to status of rent, no firm date could be given for payment by tenant. Landlord without notice enters lease property, changes door locks, posts ''no trespassing'' signs aimed at tenant, refuses to allow tenant on property, will not allow removal or access to inventory on lease premises. Landlord two wks later contacts tenant and apologizes, asks for date for tenant rent payment, receives no assurances of firm date, access still denied to property. Short time later, landlord's attorney issues letter to tenant of ''notice to terminate lease'' on grounds of non-payment of rent, and failure to provide a legal address? Has this landlord stepped so far out of bounds as to be open to serious litigation problems?
1 Answer from Attorneys
Re: Unlawful Eviction - Eviction, then Legal Procedures
The landlord has converted the tenant's property if the landlord did not have a judgment for the rent (which would entitle him to execute on the property)
This is actionable in civil Court.
please contact me if you have further questions
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Leigh Love
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