Landlord's Lease Termination

Authored By: Legal Services Alabama

Ask Al About...Lease Violations

Information

How can my landlord end my lease?

  • If you break your lease in some way, the landlord can send a "Lease Termination Notice."
  • The Notice must:
    • Tell you what the violation is
    • Usually, they must give you a "right to cure" - a chance to fix the problem. 
  • If you are behind on rent, the landlord can give you a 7-business day notice. They MUST:
    • Tell you the amount that you owe
    • Tell you that you have the right to pay
    • Give you at least 7 business days to pay. 
    • If your lease says you get more than 7 business days, they must do that. 7 business days is the minimume under AL law. 
  • If you have broken your lease in some other way, they must still:
    • Tell you what the violation is. 
    • Give you 7 business days to fix the issue. 
  • For some types of lease violations, you do not have the right to fix the problem and stay. These are:
    • Possession or use of illegal drugs
    • Illegal discharge of a firearm
    • Criminal assault of a tenant or guest
  • A tenant only has the right to cure a problem and stay four times a year.
  • The way most leases are written, you still owe your landlord rent even for the time after your lease is terminated. 
  • If you have a month to month lease, or if your lease has expired, your landlord can end it by giving you 30 days notice to move.
    • Most leases expire after 1 year. If you only ever signed one lease when you moved in, and it has been more than a year, you are probably now a month-to-month tenant. 

What if my landlord tells me to pay up or move out?

  • Under Alabama law, the landlord does not have to wait a certain amount of time to send a lease termination notice or start the eviction process.
  • Your rent is due, and is late, when the lease says it is. Your landlord can send a termination notice even if you are only behind for that month. 

What happens if I don't move after my landlord ends my lease?

  • In order to evict you, the law makes your landlord follow certain steps.
  • Your landlord cannot simply remove your possessions or change the locks.
  • Instead, your landlord must file papers in Court, which the Sheriff will then bring to you.

 

Last Review and Update: Oct 21, 2024
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