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Eviction

The lawyers at Brackin and Johnson, P.C. have years of experience in evictions, also known as unlawful detainer actions. Our attorneys have handled hundreds, if not thousands, of evictions recovering possession of our landlord client's property as well as damages against their tenants for back rent and damage to their property.

 

In 2007, the into effect the Alabama Uniform Residential Landlord-Tenant Act (URLTA) became enforceable Alabama law. It is imperative that all residential leases comply with the Act. Leases that are not in compliance with URLTA can have costly consequences for landlords, such as delay in their evictions and damages being entered in favor of the tenant and against the landlord, or offsetting damages the landlord may otherwise have against the tenant. The validity and enforcement of leases or other rental agreements are governed entirely by the URLTA. Therefore, any such agreements must be in compliance therewith.

The URLTA creates a minefield of procedural issues. Our attorneys are experienced in navigating the eviction process for our clients. Failure to properly draft your lease, properly provide notice and opportunity to cure any defaults in the terms and conditions of those leases, or generally comply with the URLTA costs too much money and time for landlords to ignore. In some instances, inclusion of certain provisions may also permit the tenant to recover their attorney's fees against the landlord.

                By statute, evictions or actions for unlawful detainer are instituted in district court. They may be appealed to circuit court at their conclusion.

                Please call us today if you are a landlord in need of assistance evicting a tenant or you would like for one of our attorneys to review your lease in order to avoid any future problems.

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