Ex Parte Hurbert Maiers and Melissa Maiers. (In Re Hurbert Maiers and Melissa Maiers v. Bennie Gibbs).

Summary

The Alabama Supreme Court reversed the summary judgment granting possession to Gibbs and remanded, holding that whether Gibbs waived the forfeiture provision is a factual question unsuitable for summary judgment, and that absent a default triggering that provision no landlord‑tenant relationship existed under the Uniform Residential Landlord and Tenant Act.