Anyone have knowledge on AL eviction laws?

I had a tenant that had a year lease, that also had a roommate. The original tenant was the only one ever on the lease. When the lease expired the original tenant moved out, but the roommate stayed. Of course the roommate has not paid the rent, but is still there.

When I call the court house I get the we can't give you legal advice crap, and ask if I hire a lawyer. I know if I do hire a lawyer I will never get any of that money back, so I am trying my best not to hire a lawyer. I just want this person out of my house.

To me she is not there legally, never had any lease or any type of agreement with me to be there. IMO she is a squatter and has no legal right to be there, but all the court could tell me is that I need to go through the eviction process to get her out. Also in Al while in the eviction process you an not accept one cent of money form the person even though they are still on your property. Then once it is all done, you have to take them back to court and sue them for money owed which of course I would probably never see either. I can't even add it to her credit report since I do not have her ss#.

I am not in the businesses of renting, if I was I would most certainly know the laws better. This all came about when I was told I had to move 500 miles away if I wanted to keep my job. The only smart thing I did is decide to live on the cheap in a travel travel for if/when something like this ever happened.

TIA for any help!!!

 

Can you just call the cops and say she's trespassing or something?

 

Call the police and tell them there are drugs in the residence.

 

Not sure what the laws are in your state...but look up stuff on squatter's rights. If she doesn't qualify as a squatter, nor did you have a lease with her...she's trespassing...have the fool arrested...

 

On a serious note. Yes, the current tenant is illegally living there.

Now, wait until they leave the house for work or whatever. Get the locks changed! You could be nice and move their belongings out and then change the locks.

 

I tried calling the cops first, and I was told by the cops that I had to call the court and go through the eviction process. Something to do with she currently has legal possession of the house, or some crap like that.

Believe me I have thought about going back to AL and changing the locks, but from what I have read/been told I could get put in jail for that.

My other problem is that the tenant that moved out gave her my acct info to deposit money into for rent. So even when I try to convict her, if she goes and puts $1.00 in my account I have to start the whole process over again. I had started the process and already paid $222 to the courts to get the eviction process going. I went to do the next part which costs $55 and that is when I saw that I can not accept any money from her. She had paid a little money here and there, but is currently $1255 behind when I include that she has not paid any deposit. I just spoke with my bank and they told me that they can not deny a deposit into my account, and even if I change =the account 3, the teller may just look me up by name and deposit it in the new account. Of course I have to physically be there (none of those banks here locally) to completely close my account.

I appreciate the the suggestions. Anyone feel like going to Al to take care of a problem for me.

 

Close that account

 

location?
call the cops again, don't go through the eviction story, just say this person is in my house. they do not have a rental agreement so they have no right to be there.

you may have to be present to show them your legal ownership.

change the locks,

if she does not have money to pay rent, she does not have money to take you to court

 

Get an attorney if you want your house back. The police and courts play games with normal people that they do not play with lawyers. Yes it will cost you more than she owes you, but it will be far cheaper than giving the house to her for as long as she wants to live there.

Just wait till she starts complaining about stuff being broken.

Get an attorney.

 

I wish it was that simple, but anytime I have ever closed a bank account I had to go into that bank to fully close the account. These banks are only in AL, but I may have to drive back to Al just to close the account.

 

Dothan, AL.

I have no problem showing up to prove legal ownership. I haven't told the cops anything about the eviction stuff, just that there is a person in my house with no lease. They still tell me that I have to go through the eviction process.

I'm going to call a lawyer now for a free consultation and see where that gets me.

 

Your house needs a serious electrical problem. Nothing gets somebody to leave like a good electrical fire.

 

Just a guess but it may be somewhat like NY. Ask before you get yourself arrested for illegal eviction.

In NYS anyone living in a space more than 30 days is considered to have squatter's rights and a court order is required for legally removing them. You need to have acted before 30 days went by to use the cops for "trespassing".

Turing off power/water, changing locks is generally considered to be an illegal eviction by the landlord and subject to arrest for a class A Misdemeanor.

NYS also requires that the subject be non-compliant with payment of rent for 90 days before hearing a petition for removal. Your mileage may vary. Hopefully you're in a state more friendly to private property owners.

 

That's some bullshit.

 

From what I have read/been told, Al is very close to the same. The only difference is the 90 day window of being non-compliant. As soon as the tenant is late I can start the very long and strung out eviction process, but I can not accept even a penny from the tenant even though the tenant is till living on my property.

I was up to step three of the eviction process when i found out I could not accept any money while in the eviction process. Of course now I have to start over from day 1 again, and pay the courts all their money again to do their part.

 

Sucks BUT you have an issue and need to get aggressive or bend over and grab ankle.

Drive to Alabama and close the account, if at all feasible move banks. If they are enabling the person to cause you pain fix it. Sucks but you need to deal with current situation not what you wish was. Did the 'lease' continue with the original tenant gone? If so it is a legitimate eviction IMO. If not call the original person possibly they are liable, even if you don't want to sue them maybe they have leverage. Pay a lawyer NOW, I hate recommending sharks but I doubt you will fix this easily and should get advice early to avoid delays later.

Sucks and sorry to be a voice of doom but I think you need to drop a nuke on this dead beat or you will continue to be a victim.

 

Call up the electric company, water company, phone company, and TV company and have all of the accounts for that location closed. It's not their legal place of residence, so they wont be able to stop that from happening or even start up new accounts. No running water and electricity will get someone to leave.

But for a small fee, I'd go get the person out for you.

 

They're only a tenant if they're legally there and have a contract to rent or lease the place.