With an effective date of September 4, 2020, and in effect through December 31, 2020, the Center for Disease Control ordered a halt to all residential evictions if tenants meet certain conditions. In my opinion (along with many experts!) the Order is a gross over-reaching disguised as something allowable under a federal regulation dealing with quarantine measures. Industry leaders are shocked at the complete lack of concern for struggling landlords, and by the apparent invitation for tenants to abuse the system. All is not doom and gloom, however. Sign up for one of our upcoming classes, or buy the streaming video, to learn how to protect yourself from people trying to game the system. People have been very complimentary of advice I give on how to successfully block the Fair Housing ESA frauds. So, trust me about the evictions moratorium–you DO have weapons in your arsenal! More information HERE.
The emergency protections for tenants, announced by President Trump, do not apply to most rental properties. Read full article HERE for details, and to see if you are affected.
You can file and monitor lawsuits online, and you can see the details of other people’s lawsuits online, if you want. Click on a service title below to go to its website.
- AlaFile lets you file lawsuit papers online, just like the lawyers. You will also receive email notice of any documents file by the other side, the process server, or the Court, and can view those online. It is designed to work on Internet Explorer 11.0 or Microsoft Edge, and does not work well with Chrome, FireFox, Safari, or other browsers.
- Just One Look lets you see all of the documents and Court orders in any case at all, whether it is yours or not. If you have a lawyer and want to follow the case progress, Just One Look is for you. This is also good if you want to see someone else’s forms so you can use them as a guide, or if you are just nosy about your neighbor’s auto accident lawsuit. Nobody gets tipped off when you “look.”
- Currently, it is $9.99 per case you want to look up, with a free copy of the docket sheet showing everything that has happened. If you want copies of documents, it is $5 for the first 20 pages, and 50 cents per page after that. You pay the $9.99 each time you look up a case, even if it is the same one as the day before. This is the service you use to get forms or satisfy your curiosity.
- For lifetime monitoring of a particular case, you can see everything filed and receive notices whenever something new happens. This is the service you use if you have a lawyer, but want to keep track of lawsuit progress. The fee is $19.99 for District Court (where evictions are filed) and $29.99 for Circuit Court (regular lawsuits like ejectments, auto accidents, divorce, etc.)
- AlaCourt is a monthly subscription service for higher volume research. It is currently $84.00 per month.
A warning, though: You can file your own eviction lawsuits if (1) you own the property in your own personal name, and not an LLC or corporation or trust OR (2) you are a lawyer. Unfortunately, even if you own 100% of the company that owns the real estate, that is still one person (you) representing another person (the company) in court, and for that you need a law license. The danger of doing this wrong is not some judge speaking sternly to you if you get caught. The danger is that any turnout order will be void and your tenant can sue you for illegally throwing them and their stuff out on the street.
I hope this helps you out. Many lawyers are reluctant to send copies of court documents to clients because it usually results in phone calls and requests for explanation about everything. That’s education, not practicing law. I LOVE education, but most lawyers prefer practicing law, and most clients resist pay $300 to $400 an hour for education. So, monitor your cases (or file your own) and turn to www.AlabamaLandlords.com and/or www.TaxSales-Alabama.com for your educational needs!