Hollywood Landlord-Tenant Lawyer, Alabama
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Larry O. Daniel
Landlord-Tenant, Real Estate, Corporate, Banking & Finance
Status: In Good Standing Licensed: 27 Years
905 Bob Wallace Ave SW, Huntsville, AL 35801
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Justin G. South
Landlord-Tenant, Litigation, Corporate, Banking & Finance
Status: In Good Standing Licensed: 20 Years
905 Bob Wallace Ave SW, Huntsville, AL 35801
Profile LAWPOINTS™40/100
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LEGAL TERMS
SEVERABILITY CLAUSE
A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the... (more...)
A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the court finding one part of the contract unenforceable would invalidate the entire document.
INDEPENDENT CONTRACTOR
A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control ... (more...)
A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control over how the work they are hired to do gets done; the person or company paying the independent contractor controls only the outcome--the product or service.
MECHANIC'S LIEN
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Ty... (more...)
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.
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.
ESCHEAT
The forfeit of all property to the state when a person dies without heirs.
USE TAX
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy... (more...)
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy your car in a state that has no sales tax, but you live across the border in a state that does have a sales tax. When you bring your car home and register it in your state, the state taxing authority will bill you for the sales tax it would have collected had you bought the car within the state.
LANDLORD
The owner of any real estate, such as a house, apartment building or land, that is leased or rented to another person, called the tenant.
CLEANING FEE
A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave ... (more...)
A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave the place spotless. Cleaning fees are illegal in some states and specifically allowed in others, but most state laws are silent on the issue. Landlords in every state are allowed to use the security deposit to clean a unit that is truly dirty.
STATUTE OF LIMITATIONS
The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For... (more...)
The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For example, many states require that a personal injury lawsuit be filed within one year from the date of injury -- or in some instances, from the date when it should reasonably have been discovered -- but some allow two years. Similarly, claims based on a written contract must be filed in court within four years from the date the contract was broken in some states and five years in others. Statute of limitations rules apply to cases filed in all courts, including federal court.
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 ...
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