Auburn Landlord-Tenant Lawyer, Alabama


Ira Weissinger

Wills & Probate, Real Estate
Status:  In Good Standing           

J. Tutt Barrett

Premises Liability, Traffic, Pharmaceutical Product, Wrongful Death
Status:  In Good Standing           

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Tom Anthony Bingham

Estate, Workers' Compensation, Personal Injury, Real Estate
Status:  In Good Standing           Licensed:  22 Years

Russell C. Balch

Commercial Real Estate, Estate Planning, Corporate, Business Organization
Status:  In Good Standing           Licensed:  46 Years

Allison Marshall Wright

Residential Real Estate, Real Estate, Employee Rights, Civil Rights
Status:  In Good Standing           

Travis Russell Wisdom

Construction, Litigation, Administrative Law, Personal Injury
Status:  In Good Standing           Licensed:  24 Years

Yetta Glenn Samford

Real Estate, Wills, Wills & Probate, Corporate
Status:  In Good Standing           

Phillip E Adams Jr.

Mediation, Litigation, Banking & Finance, Real Estate
Status:  In Good Standing           Licensed:  56 Years

Samantha Burt Copelan

Landlord-Tenant, Family Law, Criminal, Business & Trade
Status:  In Good Standing           Licensed:  14 Years

Michael Clay Fellows

Construction, Nursing Home, White Collar Crime, Personal Injury
Status:  In Good Standing           

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LEGAL TERMS

UNJUST ENRICHMENT

A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return ... (more...)
A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return the property to the rightful owner, even if the property was not obtained illegally. Most courts will order that the property be returned if the party who has suffered the loss brings a lawsuit.

RESTRAINT ON ALIENATION

A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.

LEASE OPTION

A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to b... (more...)
A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to buy the house at the end of the lease period for a price established in advance. A lease option is often a good arrangement for a potential home buyer because it lets him move into a house he may buy without having to come up with a down payment or financing at that time.

SUBLEASE

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.

ARBITRATION

A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of ev... (more...)
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in 'hi-lo arbitration' the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.

MARITAL DEDUCTION

A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions a... (more...)
A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions as an exemption) allows anyone, even a billionaire, to pass his or her entire estate to a surviving spouse without any tax at all.

EXCLUSIVE LICENSE

A valid contract in which a copyright owner authorizes another person or entity (called the licensee) to exclusively exercise one or more of the rights (or port... (more...)
A valid contract in which a copyright owner authorizes another person or entity (called the licensee) to exclusively exercise one or more of the rights (or portion of such rights) that belong to the copyright owner under the copyright. The licensee is said to 'own' the rights granted in the license and is referred to as a copyright owner.

CONTINGENCY

A provision in a contract stating that some or all of the terms of the contract will be altered or voided by the occurrence of a specific event. For example, a ... (more...)
A provision in a contract stating that some or all of the terms of the contract will be altered or voided by the occurrence of a specific event. For example, a contingency in a contract for the purchase of a house might state that if the buyer does not approve the inspection report of the physical condition of the property, the buyer does not have to complete the purchase.

QUANTUM MERUIT

The reasonable value of services provided, which a winning party may be able to recover from an opponent who broke a contract.

SAMPLE LEGAL CASES

Shoney's LLC v. Mac East, LLC

... stated: "`Where the lease merely contains a provision—without more—granting a person, normally a landlord, the power to withhold consent, regardless of whether explicitly qualified to reasonable exercises of that power ... ...

Gibson v. Merrifield

... A landlord has no duty to' inspect for latent defects, ie, defects that are hidden or concealed, or which can not be discovered by a reasonable inspection. "` . . A]lthough a landlord is under no duty to inspect for and repair ...

EX PARTE AIG BAKER ORANGE BEACH WHARF

... The lease agreement contained a provision entitled "mutual waiver of jury trial," which provided, in pertinent part: "Tenant and Landlord hereby waive any right to a trial by jury on any claim, counterclaim, setoff, demand, action or cause of action brought by either of the parties ...