Laws regarding tenant eviction procedures can be complex. Landlords/rental property owners need to navigate the eviction process carefully to avoid running into legal issues with tenants or Alabama state authorities. For an eviction to be binding and enforceable, it needs to be legally founded in law. For instance, landlords are required to issue a notice of eviction as expressly provided for in the state law. Failure of a tenant to vacate the building on time can be followed by filing an eviction lawsuit. In this post, we discuss some tips about how to handle an eviction properly.
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Notice of Termination for Cause
Most state laws allow a landlord to terminate the tenancy if the tenant violates the rental agreement or fails to pay his or her rent. However, before you file an eviction, you are required to give your tenant a 3-day notice requiring him to vacate your premises unless otherwise provided in the agreement of tenancy. In this instance, the landlord may or not give the tenant the opportunity to pay rent or fix the damages caused to the property.
Notice of Termination Without Cause
The rules governing termination of a tenancy without cause may apply differently depending on whether the tenancy is a fixed-term or on a month-to-month rental arrangement subject to the rental lease agreement.
Terminating Tenancy on a Month-to-Month Lease Without Cause
If a landlord wants to terminate an agreement with the tenant that allows them to pay on a month-to-month basis, the period of notice will largely be dependent on when and how often the tenant pays their rent.
Terminating a Fixed-Term Tenancy Without Cause
In most areas, a landlord cannot terminate a fixed-term tenancy early without cause. This is because a lease gives a tenant the right to stay, provided no violations are reported. If a landlord wants the tenants to move out, then they must wait until the term lapses. Similarly, the law does not require the landlord to notify the tenant that the tenancy will not be renewed unless it is expressly provided in the lease agreement.
Rationale Upon Which the Rules Apply
It is required that the landlord and property owners observe all the applicable rules and the law in Alabama before evicting their tenants. The rules have been established to protect the rights and interests of many tenants who’ve ended up losing their homes and property upon eviction and to ensure that all evictions are fair and justifiable.
If you’re not sure how to handle all of the legal issues that come with owning a rental property, let Specialized Property Management Birmingham help! Our expert team is the #1 most trusted property management firm in Birmingham. We will help you take care of the legal issues pertaining to your rentals.