Emrick, Scarborough & Associates, P.C., lawyers in Heflin, AL, Alabama

A Tenant's Remedy for the Landlord's Breach of the Implied Warranty of Habitability -- Actual and Constructive Eviction

A lease agreement impliedly covenants that the tenant will have the peaceable use and enjoyment of leased premises that are fit for human habitation. In exchange, the tenant covenants that he will pay rent to the landlord. A landlord may file an eviction proceeding if the tenant breaches the covenant to pay rent; however, if the tenant pays rent and the landlord either physically ejects the tenant from the premises or substantially compromises the tenant's enjoyment of the premises, the landlord has breached the covenant by eviction.More...

Estates in Property -- Fee Simple

Fee simple is the type of ownership that embraces every interest in property. In other words, when a person owns property in fee simple, there are no limitations on his or her right to possess, use, sell, or pass the property on to his or her descendants through a will or a trust. The owner of a fee simple estate owns the whole bundle of rights.More...

Home Inspections

Often when a homebuyer enters into an agreement of sale for the purchase of a home, the agreement contains a provision which entitles to homebuyer to a home inspection. The homebuyer's right to a home inspection is determined by the terms of the parties' agreement of sale. Certainly, purchasing a home is a significant financial transaction. A home inspection can be crucial to the homebuyer's understanding of the condition of the home, as well as the necessity of any repairs.More...

Dog Law - Landlord Liability for Tenant's Dogs

In residential real estate leases, it is not uncommon to find some type of pet restriction. Generally speaking, such restrictions are legal. More...

Foreclosure and Redemption of Residential Purchase-Money Mortgages

Typically, a purchaser of residential real estate pays for the property with funds that are obtained from a lender, called the mortgagee, through a mortgage transaction. In exchange for the funds, the purchaser, called the mortgagor, promises to repay the funds and gives the mortgagee a security interest in the property to secure the repayment. In the event that the mortgagor does not repay the funds as required by the mortgage document or is otherwise in default, the mortgagee may foreclose on the mortgage.More...