This morning, Apex Law successfully argued a case on the grounds of "lack of standing” and WON! In the context of Unlawful Detainer/Eviction, this means that only specific individuals have the right to file a claim. If a landlord is not the owner, he is not qualified party to initiate a claim. In these instances Apex Law will request the court to dismiss the case due to procedural issues. This demonstrates another reason why you should always hire a Landlord-Tenant Lawyer in these actions.
Who Has Standing to Bring an Unlawful Detainer Complaint in Alabama?
In Alabama, an unlawful detainer complaint is a legal process used by property owners to remove a tenant who is unlawfully occupying their property. Understanding who has standing to bring such a complaint is crucial for both landlords and tenants. In this blog post, we will clarify who has standing to file an unlawful detainer complaint under Alabama law, particularly focusing on the relevant statutes that govern this process.
The Basis of Unlawful Detainer Complaints
Unlawful detainer actions are governed by Alabama’s state statutes, specifically under Title 35, Chapter 9 of the Alabama Code. These actions are typically used to address situations where a tenant has overstayed their lease or is otherwise occupying the premises without legal right.
Standing to Bring an Unlawful Detainer Complaint
1. Property Owners
Primarily, the party with standing to bring an unlawful detainer complaint in Alabama is the property owner. According to Alabama Code § 35-9-60, an unlawful detainer complaint can be filed by “the person entitled to possession of the property.” This generally means the owner of the property or their legal representative.
For a property owner to have standing, they must be able to demonstrate that they hold the title to the property and that the tenant is occupying the property without authorization or beyond the terms of their lease agreement. This can be proven through documents such as a deed or a lease agreement.
2. Agents of Property Owners or Landlords
An agent of a property owner or landlord, such as an attorney, may also bring an unlawful detainer complaint if they have been granted the authority to do so. If the landlord is a business (LLC) then they MUST be represented by an attorney.
If your landlord filed a complaint against you and is not the owner, Apex Law will Motion dismissal via Rule 12(b)(1). Contact us today.
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