Legal Question in Landlord & Tenant Law in Alabama

I Live in Gulf shores alabama and started to rent from a landlord in July and in August we found that there was no heat and the ceiline in the living room and the guest bedroom was leaking we called and for 2 weeks never got a call back so when the people came over in September and did there yearly check I told them about the leak in the roof and the leak in the sink where the Kitchen was I had a five gallon buckett to catch the water, also about the heat. Keep in mind that this is a house that is divided and we are running off of one electric unit and every time that we use certain things if flips the breaker and we talk to them about that also and they told us that the landlord was not going to make any changes in the house and we has to deal with the heating problem and they would send some one over to take a look at the roof and sink. It is now Jan, and still nothing haws been done. We stop paying rent to them cause they would dnever return our calls so now we a being evicted we have issued a rebutle to the court and just now got the court date in 6 days we go before the judge. What can I do to make sure that we don't loose or how can I perpaire? i have video of leaking I have picture of everything and I have message documented when we called and they never returned our calls. Do i need to get an Lawer/


Asked on 1/20/11, 4:04 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

You should pull up and read the Alabama Landlord Tenant Act and understand it. If a dwelling is not habitable, you can break a lease, after proper notice to the landlord. You CANNOT however, just stop paying rent. You needed a lawyer a long time ago. You have breached the lease. You are not allowed to simply stop paying.

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Answered on 1/26/11, 7:24 am


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