Full question:
Last week some people entered into my rented apartment and started hitting me. Those people were drunk and wanted to get some money from me. In self-defense, I hit those people back. Now my landlord says that he wants to terminate the rental agreement because I got involved in a fight in the premises of the rental property. Can my landlord terminate the rental agreement?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Alabama
Answer:
In Alabama, the landlord may not be able to terminate the rental agreement if the tenant assaults a guest on the premises in self-defense to an extent permissible under Section 13A-3-23. The relevant statutory provisions in this regard are:Code of Ala. § 35-9A-421
“The following acts or omissions by a tenant or occupant shall constitute a noncurable default of the rental agreement, and in such cases the landlord may terminate the rental agreement upon a seven-day notice. The tenant shall have no right to remedy such a default unless the landlord consents. Such acts and omissions include, but are not limited to, the following:
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(3) Criminal assault of a tenant or guest on the premises of the rental property, except in cases of self-defense, defense of a third party, or as permissible in Section 13A-3-23.”
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(3) Criminal assault of a tenant or guest on the premises of the rental property, except in cases of self-defense, defense of a third party, or as permissible in Section 13A-3-23.”
Code of Ala. § 13A-3-23
“(a) A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonably believes to be necessary for the purpose. A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (5), if the person reasonably believes that another person is:
(1) Using or about to use unlawful deadly physical force.”
(1) Using or about to use unlawful deadly physical force.”
The landlord may not be able to terminate the rental agreement if the tenant has assaulted people in self-defense within the permissible limit specified in Section 13A-3-23.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
