We have been talking a lot about the new landlord tenant law that took effect last year. Since this new law is so important to Alabama property owners, we are going to spend a little time going over all of the things you need to know to ensure that you are in compliance.

Today’s Topic: Exercising your right to terminate

Unfortunately some tenants do not fulfill their duties under their leases. When that happens, the landlord is faced with a decision about whether or not they will terminate the lease because of a particular violation or allow the tenant to continue in the lease despite the breach. Sometimes there is a monetary reason to allow the breach, other times, the landlord may feel sorry for the tenant. Whatever the situation, Landlords who are aware of a breach should consider whether that breach is minor enough that they are willing to fore go termination completely. As a result landlords who become aware of a breach must act to promptly enforce their rights or risk losing the ability to pursue their remedies in the future. Failing to reserve the right to preserve rent before accepting rent can give a tenant a defense of waiver of the right to terminate during a subsequent unlawful detainer proceeding.

So what is a landlord to do? Make sure that you inform your tenants in writing of the breach before you accept the rent and state that by accepting rent you are in no way implying that they have completely met their responsibilities under the lease. The letter should also indicate that the breach must be remedied by the tenant or they will face termination and possible eviction.

§ 35-9A-424. Waiver of landlord’s right to terminate.

Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by the tenant that varies from the terms of the rental agreement constitutes a waiver of the landlord’s right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.