From the Bench:
October 31, 2024
A year ago, we assisted a client who relocated to a residence that was unsuitable for habitation. During the initial six months of her lease, she made efforts to urge the landlord to carry out necessary repairs as mandated by Alabama Law. Despite her requests, the landlord declined to address the issues and responded by trying to block her payments, ultimately seeking to evict her for rent arrears.
Our client was faced with an unlawful detainer complaint filed by the "local attorney" in July. However, the crucial step of providing a 7-day notice and allowing a "cure period" was overlooked by this attorney. These prerequisites are mandatory in Alabama before initiating an eviction process. Without these essential components, we swiftly moved for dismissal based on Alabama Rule of Civil Procedure 12(b)(4) for insufficient process.
The "local attorney" made two attempts to persuade us to drop our case as we waited for the case to be called. Initially, she suggested that this judge would never dismiss the case over such a minor issue. Subsequently, she tried to leverage the court mediator to convince us to compromise. Attorney Neil Fulsang informed the mediator about the "local attorney's" offensive stance and her failure to provide any valid defenses against our motion.
When the judge called the case, Attorney Pantelis Paliura promptly argued the 12(b)(4) motion, leading to the case being dismissed within minutes. This local attorney underestimated Apex Law and paid the price.