Being faced with an eviction can create feelings of stress and uncertainty. If you live in Alabama and an eviction is on your horizon, consulting with an experienced civil attorney can make a significant difference. Take a look below at a few points of consideration if you find yourself in this situation.
What to Consider If Faced With Eviction
What Is an Eviction?
An eviction is the legal removal of a tenant from a leased property. Generally, an eviction occurs “for cause,” which means that the lease agreement was somehow breached. This usually takes the form of absent rent payments or illegal activity within the rented unit. The landlord will file an eviction and retake the property to enter a rental agreement with another party. If the evicted tenant refuses to leave the property, a court order will be issued and law enforcement will physically remove the tenant from the premises.
Would an Evicted Tenant Ever be Allowed to Stay in the Residence?
If your landlord has filed an eviction, you may be allowed to stay in the residence if the landlord did not properly follow Alabama’s laws regarding the eviction procedure. A situation may also arise where the landlord is attempting to evict you for unjust reasons. One such example is retaliation, which can occur if you had previously reported your landlord to the state for violations related to the health code or maintenance. If the landlord attempts to get revenge by filing an eviction, the law views such an action as illegal and the eviction will likely fail. Your civil attorney will review the eviction filed by the landlord and look for ways to keep you in your home.
How Long Does an Evicted Tenant Have to Move Out?
As your civil attorney will tell you, an eviction proceeding can lawfully begin if you have failed to pay rent or have violated a provision of the signed lease agreement. If you are late on your rent payment, your landlord will provide you with written notice that the existing lease will terminate in seven days’ time if payment is not made. If you have violated a provision of the lease agreement, your landlord may provide you with written notice that the lease will terminate in 14 days’ time if the violation is not fixed.
An eviction is a troubling experience, and there’s no need to go through it alone.Hire a dependable civil attorney you can trust to guide you through the process and keep you in your home. Lee, Livingston Lee, Nichols & Barron have been tirelessly working for Dothan, Alabama residents for the past 50 years, and their track record proves that they get results. To discuss your options today, call (334) 792-4156 or visit them online.