[wynnbeez]

I have a friend who was given a Lease for the rent of a house that stated the Lessee shall be responsible for all repairs to the dwelling including HVAC, Plumbing, etc. Is this even legal (state of Alabama). I used to manage over 150 units of rental properties years ago so I am out of the loop. However, when we rented homes the tenants (Lessee) was only responsible for the upkeep of the yard and if they damaged something or only if stopped up drains were directly caused by tenant negligence such as flushed tampons, etc. Also, same lease states that Lessee can have only a "spouse" living with him upon written approval by landlord. Seems this would be discrimination to require the other person living there to only be a "spouse" instead of girlfriend. Seems like this landlord is demanding unlaw things and discriminting against potential tenant because he is not married but has a significant other. (Like half of all people in United States). Help, need some answers for my friend.

Helpless in Alabama

[Fr_Chuck]

There are Federal laws that effect martial status and family, and they can not discriminate on those basis, that is a federal law and they can sue for damages in federal court and state court.

As for as the repair, why would the tenant be stupid enough to rent there under those terms.

[ScottGem]

Sorry, but its still against the law for opposite sex partners to cohabitate in some areas. I don't see any legal problem with a landlord specifying that tenancy be only tenant and spouse.

A lease is a contract. One part provides something and the other party provides something in return. The two parties agree on the terms. If the tenant agreed to the terms, then, unless those terms vilolate established law (and I doubt requiring the tenant to be responsible for repairs violates any law), then the tenant agreed to abide by those terms.

[Fr_Chuck]

The Federal Housing Bill of 1968, though its admendments of 1988 make discrimination because of familial status illegal and discrimination of it can be filed in Federal Court.

This Act is also included in the HUD regulations including sell and rental of property

While this normally applies to families with children, it can include a women who is pregnant also, so in such they can not restrict those who are protected under law.

I would say that the lease includes many provisions that could not be inforced, such as if his girlfriend was pregnant, the child is his and could not to excluded from living with him.

[shygrneyzs]

Your friend may get around the landlord's policy by declaring their relationship a "common law" marriage.

If a man and a woman intend to be married, they may be married even if they never said “I do.” The test in Alabama is the intent of the parties. No ceremony and no particular words are necessary to constitute a valid common-law marriage. Specifically, the elements required for a common law marriage are (a) capacity (both spouses must be at least 14 and mentally competent); (b) present agreement or mutual consent to enter into the marriage relationship; (c) public recognition of the existence of the marriage (calling each other "my husband" and "my wife"); and (d) cohabitation or mutual assumption openly of marital duties and obligations."[2]

To constitute a valid common-law marriage, there must be mutual consent between the parties to be husband and wife, followed by cohabitation and living together as man and wife.[3] Alabama doesn't recognize trial marriages. As the court in one case put it, “marriage, common-law or ceremonial, is not transitory, ephemeral, or conditional, but contemplates a present, permanent status. An expression of intention to marry in the future, followed by cohabitation, does not create the common-law marital status.”[4]

By the same token, once a couple is married at common law, their marriage does not end just because one of the spouses wishes this to be so. As one court put it, "There is no such thing as being a 'little bit' married."[5]

For other legal references re: Alabama see this: Alabama Law

As far as the rest, why would anyone sign such a lease, requiring to maintain and reapir items that they do not own? Now if they broke the hot water heater, yes, they are responsible.