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View Full Version : Alabama tenant law... storage building/says back rent owed


lgsowash
Mar 10, 2013, 06:27 PM
Hi. We moved from our previous address in November. We gave our notice at the end of Sept. Actually gave 2, one that was verbal to the property owner and one that was written to the company he had to manage it. Our lease was over the Feb before and became month to month afterward. There were many issues with the house. We spoke with the owner over and over about them. Finally we had enough and decided to move. We had a storage building (18x20) that I tried to sell to him. He said he didn't have the money. I asked if we could leave it there until I could get it sold. He said yes. I offered to pay him a little to let it stay there. He said that was not an issue.It was not next to the house but across a driveway, next to some of his storage buildings. I had someone that wanted to buy it but was unable to due to a wreck. So I found someone else, she works for the homeowner. She paid me at first of FEB. Now the homeowner contacted me a few days ago stating that I owe back rent. I asked from when and he said to check my bank account to figure out. I asked him to send it to me in writing. He got angry and told me that he was not allowing the building to be moved off his property. So now I am wondering what to do? We did not have a deposit so none was due back to us. I have read where he has to mail a deposit and any damages in writing within 35 days in Alabama. Does that also work for just any damages/owed rent since we did not have deposit agreement? He did not send us any information stating we owed anything. He only called the night before she was to have the building moved. Please help me if you can. Thanks

ScottGem
Mar 10, 2013, 06:30 PM
He has to prove that you owed rent. On the other hand, unless you have written proof of ownership of the shed, it might be considered abandoned or part of the property.

lgsowash
Mar 10, 2013, 06:50 PM
I am sure we have the paperwork. However one of the men he has that does repairs actually moved it for us to where it is. I also think in Alabama he has to file paperwork to claim abandoned property according to Alabama law. It was not abandoned. I spoke with the lady in Dec probably mid Dec. She wanted to be second in line in case it did not sale. I will most likely call an attorney tomorrow. Thanks for your help. I want a basic knowledge before I call an attorney.

ScottGem
Mar 11, 2013, 03:03 AM
The bigger problem is a shed is often considered a permanent improvement. And any such improvements become part of the property.

AK lawyer
Mar 11, 2013, 05:19 AM
... I asked if we could leave it there until I could get it sold. He said yes. I offered to pay him a little to let it stay there. He said that was not an issue....

If you can prove, in court, that this conversation took place, you shouldn't have any problem.