Alabama Eviction Laws

Articles Tagged with: Alabama Eviction Laws

Changes to Alabama Eviction Laws

As a landlord in Alabama, it is crucial that you stay abreast of all the changes in legislature regarding evictions and other lease requirements, otherwise you may unwittingly forfeit many of your rights as a property owner. While it would be in your best interests to consult with a knowledgeable real estate attorney every few months, and especially when taking on a new tenant, there are a few changes to the Alabama Uniform Residential Landlord Tenant Act (§ 35-9A-101, et. seq.) that may require you to take action sooner rather than later. These changes went into effect on June 1, 2018 and will require you to modify your existing notices and procedures regarding evictions and breaches of the lease.

Notice of Default for Failure to Pay Rent Changed From Seven Calendar Days to Seven Business Days

Prior to June 1, landlords were required to give tenants seven calendar days to cure a nonpayment-of-rent breach. However, the amendments have changed the notice period, and now require landlords to give tenants seven business days. While this may not seem like a huge deal, failure to change your lease agreement to reflect these changes may mean that you forfeit your rights to evict a tenant at all. If you wish to retain your full rights as the property owner, you need to modify your lease agreements to inform tenants of the extended notice period.

The List of Non-Curable Breaches Has Been Expanded

Under § 35-9A-421 (d), the only non-curable breach a tenant could commit was assaulting a guest or other tenant of the property. As of June 1, however, the legislature has been expanded to include two other non-curable actions:

Manufacturing, transporting, cultivating, importing, possessing, furnishing, or using illegal substances while on the property; and
Using, manufacturing, possessing, furnishing, importing, or discharging an illegal firearm ammunition on the premises of the rental property, except in cases of self-defense.

The Number of Times a Breach May Be Cured Has Been Reduced

Prior to the June changes, Alabama law allowed tenants the opportunity to cure a breach of the lease unrelated to rent up to four times in a 12-month period. However, the law has reduced the number of times a breach may be cured from four violations of the same offense down to two in a year’s span. These violations typically include things such as noise complaints, having overnight guests, keeping animals on the property, etc. The tenant has the opportunity to cure the same breach twice within seven calendar days, not business days, and, upon the third violation, you have the right to terminate the lease right then and there.

Second Breach Within Six Months of the Same Breach is Grounds for Termination of Rental Contract

Not only has the number of times a person can cure the same breach within a 12-month period been reduced, but also the frequency with which the same breach has been committed may qualify as grounds for termination. The amendment states that if a tenant commits a violation involving “substantially the same acts or omissions” as one for which you have provided notice within the past six months, you do not have to allow the tenant time to cure said breach. However, because this is just the second breach, you still have to give the tenant seven calendar days to vacate the premises before following through with eviction proceedings.

Lawful Possession of Firearms is Grounds for Termination

This is perhaps the most surprising of the changes to the landlord/tenant act, as, up until recently, Alabamians have been strong supporters of the second amendment. With the uptick in school shootings and other public massacres, however, Alabamians have begun to change their stance, which is evident by the passage of § 35-9A-421(d) (2). This provision of the act makes the lawful possession of a firearm or ammunition on the premises of a rental property grounds for termination.

What makes this provision especially surprising is the fact that an otherwise law-abiding citizen runs the risk of being evicted for legally possessing a firearm. Had a gun holder known of this law prior to signing a lease, he or she could have willfully walked away from a contract and found somewhere else to live. As it stands, a landlord can change its lease agreement today and go around evicting tenants tomorrow.

Consult a Real Estate Attorney Regarding the New Changes

If you have yet to make the necessary changes to your lease agreements, reach out to Cloud Willis & Ellis to discuss changes with our Alabama real estate lawyers. Our team can help you draft a new lease agreement that contains the necessary and optional provisions and ensure that you are able to evict a tenant should you feel it necessary to do so.

What to Do When Tenants Refuse to Leave

The tenant-landlord relationship is a tricky one, and it can be difficult for a landlord to not cross boundaries when he or she feels like his or her property is being abused. However, when a landlord signs a tenant agreement and hands over the keys to the property, they essentially hand over their rights to the property to the tenant. Once this happens, it can be very difficult for the landlord to regain his or her rights while the lease agreement is still valid.

That said, if the tenant either abuses the property or fails to uphold his or her end of the contract, the landlord is not without options. If you are a landlord and if you are having trouble with a tenant who has violated the terms of the contract in any way, you do have rights. The Birmingham real estate attorneys at Cloud Willis & Ellis can help you understand your landlord rights and ensure that those rights are upheld, even when the odds seem to be in the tenant’s favor.

Reasons You Can Evict a Tenant in Alabama

First and foremost, you need to know why you can evict a tenant in Alabama. No, you cannot just evict a tenant because they are rude to you, or because you do not like their lifestyle choices. You need to have a valid reason, which, according to Alabama law, is one of the following:

The tenant failed to pay rent;
The tenant broke the terms of the lease; or
You want to end the terms of a month-to-month lease, in which case, you must give a 30-day notice.

Now, let’s talk about how you can go about evicting a problem tenant.

Notice is Necessary

Legally speaking, you are required to give the tenant either a 7- or 14-day notice depending on your reasons for terminating the lease (Alabama Code Section 35-9A-421). You are also obligated to give the tenant a chance to remedy the situation. For instance, if you want to evict the tenant for unpaid rent, you must give them a 7-day notice that specifies how much is owed, including late fees. If they pay the total amount before the seven days is up, the notice becomes void and you no longer have a reason for evicting them. Likewise, if you cite your reasons for eviction as being their subleasing a room or part of your property, and if the illegal tenant moves out within 14 days of you serving the notice, you no longer have an eviction case.

These laws purposefully make it difficult for landlords to evict tenants simply because the tenant made him or her mad. Just like when a tenant agrees to your terms and conditions upon signing the lease, you as the landlord make a choice in who you let live on your property, and you cannot renege on your agreement simply because you failed to do your due diligence when “hiring” a tenant, so to speak.

The High Road is the Best Road

Too often, landlords try to resolve the issue on their own by turning off the power, locking the tenant out of the home, or scaring the tenant off of the property. Each of these actions is illegal, and by taking measures into your own hands, you risk forfeiting your rights entirely. Even if your actions seem perfectly reasonable, a judge may view your “self-help” measures as harassment and deny your eviction, even if you had a very valid reason for wanting to evict the tenant in the first place. In the worst-case scenarios, your self-help measures may result in damages for the tenant, damages which you may be forced to repay in the end.

You also want to be wary of filing frivolous lawsuits. For instance, you may believe that your tenant having friends over and partying every night is a perfectly valid reason for an eviction, but the judge may tell you that the tenant is free to do as he or she pleases so long as he or she is not violating the terms of the rental agreement. You can be penalized for wasting the courts time, so it is best to keep your claims related to key tenancy problems, such as major lease violations, unpaid rent, or damaged property.

The Right Lawyer Can Help You Uphold Your Rights

At Cloud Willis & Ellis, we understand how frustrating it may be to have a person whom you let live on your property treat you disrespectfully by violating the terms of your lease agreement or behaving poorly in any way. However, we also understand that the law tends to favor tenants, and that by acting rashly you may jeopardize your rights. Do not let this happen, and seek the guidance of an experienced Birmingham real estate attorney before you attempt anything on your own. We can help you deal with stubborn tenants in the best way possible—the legal way. Call our office today to schedule an appointment, or schedule your consultation directly online.

Eviction & the Collection of Unpaid Rent in Alabama

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.

Valid Reasons For Evicting A Tenant in Alabama

When a landlord wants to remove a tenant from their property they must evict the tenant. Evictions are generally time consuming and expensive for both the landlord and the tenant involved. In order to legally evict a tenant the landlord must strictly comply with all applicable eviction laws. This can be more challenging than it sounds as there are often multiple sources of eviction law that govern a particular landlord-tenant relationship. The Legal Information Institute notes that there are six basic sources of eviction law: local law, state law, federal law, the lease governing the tenancy, the common law, and court rules. As the eviction process can be complicated, and strictly complying with evictions laws helps ensure that the landlord is legally protected, it is a good idea to consult with an experienced evictions attorney before initiating the eviction process.

Common Legal Reasons to Evict a Tenant

When evicting a tenant, it is essential that the landlord has a legally valid reason to base the eviction on. While courts have historically upheld several different reasons as valid, Rent Prep put together a helpful list of the top five reasons that landlords use to lawfully evict tenants:

Late Rent: The most common lawful reason for evicting a tenant is that they have failed to pay their rent on time.
Non-Trivial Violations of the Lease: A landlord can legally evict a tenant after discovering that the tenant has violated some non-trivial provision of the lease. For example, if a rental agreement states that the tenant is not allowed to have pets on the premises then the tenant can be legally evicted if they live with their pet cat.
Illegal Use of the Property: If a tenant uses the rental property for an illegal purpose then the landlord is within his or her rights to evict the tenant. For example, this may include using a rental unit to grow marijuana or opening up a business in a rental house that is not zoned for commercial use.
No Longer Renting: Landlords who no longer wish to rent their property are often allowed to legally evict a tenant if the landlord decides to move into the home or wants to have an immediate family member move in.
Rehabilitation, Demolition, or Sale of the Property: A landlord also has the right to evict a tenant if he or she wishes to substantially rehabilitate the rental unit, demolish the home, or sell the property.

Illegal Reasons for Evicting a Tenant in Alabama

In Alabama, it is illegal for a landlord to evict a tenant as a form of retaliation. For example, it is illegal to evict someone for reporting a housing code violation, joining a tenant organization, or suing the landlord for discriminatory renting practices. Be warned that in an Alabama court it is the landlord’s responsibility to prove that the eviction was not initiated as a retaliatory practice. Additionally, it is also illegal for a landlord to evict a tenant based on a term that was “added” to the rental agreement without the tenant agreeing to the term in writing.

Need Legal Advice?

If you are a landlord in Alabama and would like to evict a tenant, contact the experienced eviction attorneys at Cloud Willis & Ellis, LLC today. Our lawyers can help reduce your financial risk by ensuring that Alabama’s eviction laws are followed during every step of the eviction process.

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