New Alabama Landlord/Tenant Law

Hello again investors. My name is Bill Russell, and I live in south Alabama. I own a small park in Hartford, AL. I’ve seen a few posts from a couple of other Alabama park owners regarding our new law, and the fact that there is a MOM meeting in Troy this November. I intend to attend. I was wondering if any of the other Alabama park owners that also intend to attend, would be interested in exchanging some emails regarding our new laws and the problems we’ve encountered due to this new law, and express all of our issues and concerns. Another park owner from Wicksburg and I have spent several breakfast meetings together trying to grasp it all and we still depart, most often, a bit confused on many matters. And, the not so funny thing about it is, our Court Clerks, and Sheriffs, and our lawyers, all seem to be just as confused. The law seems to have forgotten the unique posture of a mobilehome owner and the owner of the land leased to them.

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Perhaps we could get together at sometime between the scheduled meetings, for coffee or tea, and share what we have learned to date since January about this new law. I could use some help on a few key issues regarding my own situations, and would be glad to buy the coffee, grin.

Hey Bill ! We are in the central part of the state, and have a small park there. I have read over the new law and still have some questions also. One change we have made is to lower our lot security deposits to be equal to one months lot rent. When we took over the park the deposits were over 200% of lot rent, after our rent increase it was still 200%.

The laws are so new there is still a lot of doubt as to the exact intentions. I have gotten mixed signals from attorneys and even the county court house. The local bar assoc. is putting on a class in the next couple of weeks on the subject and I hope to get some straight answers there.

Royd thank you so much. If you don’t mind, I will email to you the issues that concern me. Are you planning to attend MOM in Troy? I sure would appreciate it, if my issues aren’t already covered in your planned inquires, to please add them to yours. Again, thanks, I"m so glad you put us in touch. If there is anything I can do to help you, please don’t hesitate to ask. My kindest regards, bill

Bill, I will be glad to ask your questions in the class. I believe the landlord/tenent class is on oct. 18.

Yes we are attending MOM. We have been to the last two and they are GREAT. I have never been amoung a more knowledgable group of people who are so willing to share. You can literally take their advice to the bank, because most are not there to sell anything, just mentor and network.

Feel free to email. the address on the post is my home. I’m @ work now and will read it tonight.

Thanks Royd, I have just sent you my email. If you think it would help other park owners in Alabama, I will be glad to post the content of my email here. Many of them already know I’m pretty ignorant regarding mobilehomes and parks, so this will just confirm same, and perhaps they’ll help me even more. They sure have always helped me in the past, and I have several books from several of them. I was all of sudden stuck with my park again this summer, and have mixed emotions about ever selling it on contract again. I bought it as a perpetual retirement fund, to suppliment my pension, and in many ways it has been a great pleasure, but in many ways it has been a great burden too, and the new law is not helping. It takes a special kind of entreprenuer to succeed in this business, and keep the ROI satisfactory, and keep the surrounding community happy with any kind of trailer park, and not make new enemies. Perhaps I’m too soft-hearted to be a landlord, more than one investor has accused me of same. grin. It’s always paid for itself though, and given me a wonderful ROI, and it still gives me great opportunities for the future. So far though, I’ve been more of a entremanure in the mobilehome business, and perhaps it is time to get with the program. It is just so damned easy to make more money in the portable storage building business that I’ve neglected my park.

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Looking forward to meeting you at the MOM in Troy, Royd, thanks again for your help and attitude of share’n.

Bill,

Which issues do you need more information on?

DK

Thankyou Deborah. Here are the questions I’ve sent to Royd that he has agreed to ask the bar association lawyers giving a class on the new law soon.

  1. In the case of a homeowner, that rents the home to another tenant, and that tenant moves out, what does that do to the law regarding tenant being gone for two weeks without notifying the land lease landlord?

  2. In the same case above, who is responsible for furnishing the garbage container?

  3. Follow up on #2, as the land lease landlord to a homeowner resident tenant, am I responsible for furnishing a garbage container?

  4. After the seven day notice requirement for nonpayment is met, and the eviction suit is filed for the fee of $206.00, how does the Sheriff enforce requiring the homeowner to move the unit if that tenant has no money or means to move it? Do I have to pay to have it moved, if I can find somewhere to move it to with or without a storage fee. And if it is moved, and is damaged, who is responsible for that damage, and the condition of the unit after it is moved?

  5. What happened to having a lien on the unit until back rent was paid in full? What legal action does it take to secure a lien for the back rent?

  6. If what I call a landlord/tenant, like the homeowner in #1, has a vacant unit, and stops paying lot rent, and won’t contact me or see me, and I don’t want to evict them, because of the possibility that that defaulting landlord/tenant might sell the unit to another that will pay the lot rent in the future, may I sue that landlord/tenant in small claims court to secure a lien on the unit?

  7. Is it possible to charge different lot fee amounts to tenants? For instance, a landlord/tenant being charged more than a resident homeowner, or one with a longer lease getting a better rate.

  8. May I enter the leased land to retrieve trash, or check on a water meter or power boxes, or take pictures, without a two day notice? What if I’m have’n to mow it because they have let it go too long, does that require a two day notice?

  9. After I have furnished the tenant with the rules, residents and landlord/tenants, and they don’t comply, and I choose to ignore their noncompliance, so as to not disturb cash flow, or I know the neighbor doesn’t mind that particular noncompliance, or perhaps I do give them notice about it, or discuss it with them, and they still never get around to correcting the issue, and I still don’t terminate the lease, does this behavior by me give implied consent and negate that rule?

  10. Do I have to have a signed lease in writing if it has always been month to month before the new law came about? I mean from the old tenants, whether homeowner resident, or landlord/tenant owner.

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Deborah I have only leased lots, and no park owned rentals.

Bill,

Great questions, and I don’t know that the people who created the laws know what they say! There are no actual “breaks” between sessions since MOM is so informal, so could I suggest the possibility of getting together for one of the meals? We are very open to meeting with other Alabama park owners!

Our lawyer told us that all leases must be changed to one-year leases. Currently the month-to-month are ok for people who had leases BEFORE January 1, but all new tenants must have the one-year leases.

We currently have a lawsuit filed against one of our prior tenants. The home was moved out against our wishes by a VERY non-professional mover, but we have ironclad paperwork that she does owe us a large amount of money and it is signed by her! The rest of the evictions with homes that we have done have resulted in them moving their homes before the eviction actually hit court.

We should all bring copies of our lot leases.

Bill

I got in late last night and read your e-mail but went on to bed with out a reply. will get back to you soon on those questions. A lot of what we do we do not wait on the planets to be in alignment before we act. We try to follow the laws the best we can understand them and live by the golden rule. this may bite us someday but we are learning all we can and are not waiting for all situations to be perfect before continuing.

Ellen, great idea on sharing forms and such when we Bama folks meet.

Thanks a lot Ellen, seems I’m okay for now with all my tenants but one on the lease requirements. I put out Rules in June, thanks to Blake’s kind help, shortly after I took back over, so I’ll bring those with me. Perhaps I’ll be able to get a copy of some leases there thanks to your suggestion.

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Royd you are right, it’s much easier to get forgiveness than permission in my area, in many situations. I don’t think I’ve stepped on any tenant’s toes just yet. Don’t trouble yourself with those questions, there is no rush. I feel like with the bar class you plan to attend in a few weeks, and some discussions between several of us Alabama park owners at MOM in a month, much of what I’m concerned about will no longer be an issue.

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Thanks again for yall’s help.

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Royd did you find out anything at that law seminar Oct. 18th? thanks, bill

anyone still following this Alabama thread? I’m under contract to buy a 40 unit park in SE Alabama and would love to chat. Thanks!

I am interested in conversing and comparing notes. My email address is apswindall@gmail.com. Please drop me a line. I would love to talk.