by Kira Fonteneau on April 12, 2009
The Fonteneau Firm is a general practice law firm with an emphasis on landlord tenant law, criminal law, personal injury, and employment law.
It is a simple fact of life that not all disputes are matters of black and white, right and wrong. When you need someone who understands that, look to the Fonteneau Firm for help. We will help you understand the relevant legal issues, explain your legal and non-legal options, and be honest with you about the potential consequences of your options so you can come to a decision about how best to resolve your problems. I hope you will take a few minutes to learn a little more about me, the firm’s practice areas and the law. I look forward to serving you, so feel free to contact me.
by Kira Fonteneau on May 3, 2009
We have been discussing common questions about criminal law.
Today’s Topic: Can the police search my vehicle if they pull me over?
If you have been pulled over for a minor traffic violation, ordinarily the police may not search your vehicle for other contraband even if you are arrested for the ticket. The important question to ask when determining if the officer may search a vehicle is whether the original citation encounter has ended. If the citation encounter has ended the police typically have no right to search your vehicle. Once the citation has been issued the police officer must have probable cause to search your vehicle.
Probable Cause
Probable cause is usually defined as a reasonable suspicion that a crime has been committed. That means that given the facts and circumstances available to the police officer at the time, a reasonable person would be satisfied that a crime had been committed.
If the police officer has probable cause to believe that a crime other than the traffic citation has occurred, then that police officer may generally search the vehicle. However, police officers may not search vehicles simply because the occupants were arrested or cited for a traffic violation. The search must bear some relationship to the citation given.
It is also important to note that the police may search a vehicle if they are given permission. As such, it is important for individuals who are pulled over to understand that they may politely refuse an officer’s request to search a vehicle and do not have to give the officer a reason for that refusal.
by Kira Fonteneau on April 22, 2009
On April 21, 2009 the Supreme Court limited warrantless vehicle searches in a decision that will be seen as a victory for criminal defendants and advocates of privacy rights. In a 5-4 decision, the U.S. Supreme Court limited the ability of law enforcement to search the vehicles of people who are arrested. In Arizona v. Gant the police arrested the defendant for driving with a suspended license, took him into custody and search his vehicle for illegal drugs. At the time of the search, Gant was already handcuffed and sitting in a police car. The Supreme Court held that the police had no safety interest in searching the vehicle as the suspect was in custody and the search was not related to the offense for which the defendant was being arrested and as such, invalid. In doing so, the Court overturned a longstanding ruling that had been used to allow the police to arrest individuals for minor traffic violations, place the occupants in custody and search an entire vehicle for contraband.
In the ruling, the Court did not completely prohibit warrantless searches of vehicles. It did, however, give law enforcement a clearer test to determine whether a particular search will be proper. After the ruling an officer may search a vehicle without a warrant “when an arrestee is within reaching distance of the vehicle or it is reasonable to believe the vehicle contains evidence of the offense of arrest.” The test the Court established now prevents the police from searching a vehicle after the defendant has been safely taken into custody and there is no risk of danger to the officer, but does allow a search for evidence of the particular crime the defendant is being arrested for. As such, the days of a routine traffic stop leading to a full-scale search of a vehicle when no other criminal activity is found may now be over.
by Kira Fonteneau on April 17, 2009
We have been exploring common questions concerning criminal law.
Today’s Topic: When Should I See a Lawyer?
If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. A lawyer will have a better sense of what you should and should not say to law enforcement officers in order to avoid being misinterpreted or misunderstood. The lawyer also can advise you, your family, and/or friends on the bond process.
If the court determines that you cannot afford an attorney and you are charged with an offense that could result in a jail or prison sentence, you will more than likely be appointed an attorney to represent you. If you are unable to pay for an attorney, it is your responsibility to ask for an appointed lawyer.
If you can afford an attorney, it is important that you engage a lawyer as soon as possible. A lawyer who has more time will be better able to conduct an investigation on your behalf. As time goes by witnesses often forget crucial details or disappear. That is why it is very important that any person who is accused of a crime find a competent legal representation.
by Kira Fonteneau on April 13, 2009
In this Series we will discuss common questions related to Criminal Law.
Today’s topic: What is an Arrest?
An arrest is a type of detention. When you have been arrested, you are not free to leave the scene. There are other types of detentions for shorter periods that are not considered arrests. For example you can be held for questioning for a short time if a police officer or other person believes you may be involved in a crime. Shop owners can also detain you for a reasonable amount of time if they suspect you of stealing. A person who is arrested or detained is only required to show identification and answer basic questions about their identity and address.
by Kira Fonteneau on March 7, 2009
If you own rental property, you know that sometimes maintaining a property is time consuming. That is why many landlords choose to contract with a property management company to manage their units. Hiring a property manager can save you time but it is important to ensure that the manager complies with the landlord tenant laws of Alabama and your standard of maintenance and tenant relations. Always remember that ultimately your property manager represents you and as such, you will be responsible for the manager’s actions. With that in mind, here are a few things you should consider when dealing with managment companies:
- Understand the fee structure: It goes without saying that you should consider the cost of the service in relation to the services offered. Often managment companies charge 10% or more of the rental income on your properties. You can also expect additional fees for the initial rental and maintenance costs. Review the contract to ensure that you are not surprised by the cost of services.
- Review the rental companies proposed lease and termination notices: Ultimately, you are responsible if your manager is using outdated leases and termination notices. Problems with these forms can cause you to lose precious time and money if your eviction proceeding is delayed or dismissed because of inadequate forms.
- Review their fair housing policies: All property managers should know that there are federal anti-discrimination laws that apply in housing rentals. If a potential manager cannot answer your questions about the laws or openly makes discriminatory statements in your presence, you may want to think twice.
- Take a look at other properties the potential manager is currently handling. Do they look well kept? Is the yard maintained? If the other properties in the manager’s portfolio look run down, you may want to look elsewhere.
- How does the manager talk about the tenants? If a potential manager sees the tenants as the enemy, you may have future problems. In my experience, when people have healthy relationships with the landlord or property manager, they tend to cooperate and pay the rent. When the relationship breaks down or the tenant feels disrespected, it becomes harder to collect.
- What are the manager’s policies with regard to scheduled maintenance and inspections? It is a good practice to have quarterly walk throughs of your property to ensure that they are maintained. While you are there, you can see the properties yourself and talk to your tenants if there are things that need repairing. This is also a way to verify that the mainenance you were charged for was done in a satisfactory manner.
by Kira Fonteneau on February 16, 2009
The 2009 Legislative Session is in full swing in Montgomery. As with any session there are a number of bills under consideration. However there is one bill of note for landlords across the state. As you may remember, last fall Jefferson County voters passed a local law that would stop the Water Works Board from placing liens on a landlord’s property for bills left unpaid by the tenant. This year, new legislation would prevent any provider of goods and services from requiring landlords to pay for the tenant’s delinquent bills. The bill appears to be aimed at utility companies. Check back here later in the session to find out if the measure passes.
Under existing law, the provider of certain goods and services may require a landlord to pay the delinquent bill of a tenant for goods and services provided to the tenant of the landlord. This bill would prohibit the provider of goods and services from requiring a landlord or property owner to pay the delinquent bill of a tenant for goods or services provided to the tenant if the account for the service is in the name of the tenant.
A BILL
TO BE ENTITLED
AN ACTRelating to certain goods and services provided a tenant; to prohibit the provider of goods or services from requiring a landlord or property owner to pay the delinquent bill of a tenant for goods or services provided to the tenant if the account for the service is in the name of the tenant.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The provider of goods or services may not require a landlord or property owner to pay the delinquent bill of a tenant for goods or services provided to the tenant of the landlord if the account for the goods or services is in the name of the tenant. In addition, the provider of goods or services shall not have a lien on the property for any goods or services provided in the name of the tenant.
Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
by Kira Fonteneau on February 6, 2009
One of the most common questions I get is how do I give my tenant notice of lease termination. No matter what notice you are giving to your tenant, landlords should be aware that proper written notice must be given before an eviction can be filed. Here are five simple tips to help ensure that you are giving notice the right way.
- Know how much notice you must give the tenant. Some notice periods, like notice of termination after expiration of the lease, can often be found in your lease. Others are found in the Code of Alabama. For example, in a residential lease you must give a seven day notice for non-payment of rent but any other breach of the lease requires a 14 day notice. If there is no breach of the lease, the notice could be as little as 30 days or more depending on the wording of your lease.
- Make sure your notice spells out the reason for the termination and the address of the property. The notice should explain exactly what default must be cured, so that the tenant has an opportunity to fix the problem. In the event that the tenant is unable to fix the problem, the judge will also need to know that the notice was served on the right person, at the right address. If the addresses do not match, you may have to submit an affidavit to the Court explaining which version of the address is correct.
- Give the notice the right way. In Alabama, typically a landlord must give notice by handing the tenant the notice personally or posting the notice on the door and mailing another copy to the tenant. Certified mail alone will probably not be enough to give proper notice.
- Make sure you keep a copy of the notice and any certified mail receipts. It is common for tenants to deny receiving notice. Make sure you can prove that you followed the law.
- Wait until the entire notice period expires before taking any action. If you do not give the tenant the entire notice period, there is a good chance your eviction will fail. Be patient, or you may have to start over at the beginning.
by Kira Fonteneau on January 4, 2009
For years Jefferson County landlords have been stuck holding the bag for their tenant’s unpaid water bills. Thanks to Jefferson County voters, those days are over. Landlords got stuck with the bills because the Water Works Board placed liens on real property when water and sewer bills went unpaid even if the bills were in the tenant’s name. This left tenants with little incentive to pay their bills and landlords the odd man out. Faced with the unfair result of charging innocent property owners for their tenant’s unpaid debts, the legislature passed a constitutional amendment that would forbid the practice. Jefferson County voters ratified the change during the November election and as such, Jefferson County landlords will no longer be penalized for their tenant’s failure to pay water.
by Kira Fonteneau on November 29, 2008
The Fonteneau Firm is currently investigating personal injury claims regarding drugs. From time to time we will post information about drugs that may be causing injury to consumers If you believe that you have had a reaction to this or any drug please call The Fonteneau Firm at 205.533.9202.
Avandia is widely used to treat patients with Type II diabetes mellitus. Avandia has been associated with a significant increase in the risk of myocardial infarction and an increase in the risk of death from cardiovascular causes.
Please contact us if you or a loved one:
- Have been diagnosed with Type II diabetes;
- Used Avandia for at least twelve weeks;
- Are fifty years or younger; non-smoker with no history of morbid obesity, heart attack, uncontrolled hypertension or cholestorol; and
- Experienced a Myocardial Infarction (MI)/heart attack, Cardiac Event, Congestive Heart Failure, or Cardiomyopathy resulting in death or disability.
