When it comes to collecting unpaid rent from tenants and/or having to evict them, you want to ensure that it’s done within the boundaries of the law so that you, as a landlord, avoid potentially facing any legal hassles associated with the process, such as being accused of failing to follow the provisions of the lease or otherwise violating the tenant’s rights.
To that effect, commercial landlords should always first consult with an attorney who is experienced with this specific area of the law in order to discuss their potential remedies. Similarly, it is crucial that landlords also work with experienced attorneys in initially drafting the lease to maximize their interest and understand the process by which that lease will be enforced and interpreted.
The Law in Alabama
Alabama is one of the states which has laws allowing for eviction to be expedited, particularly if there is a situation in which a tenant could cause damage to the landlord’s property unless immediate action is taken. For example, once the lease term expires, a landlord is under no obligation to provide note to quit or demand possession. It is also important to note that the tenant cannot withhold payment of rent in order to enforce any particular provisions of the law.
However, under the 2006 Alabama Uniform Residential Landlord and Tenant Act, landlords must provide at least seven days’ written notice of the intent to evict for failing to pay rent. The landlord retains the right to terminate the rental agreement if the tenant fails to pay within seven days after the receipt of written notice to terminate the lease for nonpayment.
Aside from certain rights and obligations, both landlord and tenant duties are otherwise explicitly laid out by the lease, rendering the drafting of the lease a critical step in the process a landlord takes to ensure compliance with the law. Leases should not only specify how much the rent is and when it is due, but how rent should be paid, where it should be left, any notice landlords need to provide if they wish to increase the rent, and any consequences that result if rent is paid late and/or the rent check bounces (at a minimum).
Birmingham Eviction Attorneys
If you are a landlord dealing with the nonpayment of rent and/or the eviction process, it is crucial that you comply with all the necessary laws and procedures when it comes to addressing the problem.
At Cloud Willis & Ellis, our experienced Birmingham eviction attorneys can provide you with guidance and assistance in ensuring that you are complying with the law when it comes to evictions and related landlord-tenant issues. We also represent clients in vigorously pursuing the collection of related delinquencies, including pre-eviction and post-eviction collection and judgments. Contact us today to find out how we can help you.