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.  If the tenant cures the problem in the time alloted, the lease cannot be terminated.

Today’s Topic: Removing Non-Compliant Tenants

The new landlord tenant law allows landlords to terminate the leases of tenants who fail to comply with the lease, create a hazard or fail to pay rent.  In order to terminate the tenancy of a non-compliant tenant, the landlord must give a 14 day notice to tenants who fail to comply with the lease or cause a hazard.  If the tenant has failed to pay rent the landlord need only give a 7 day notice before terminating the tenancy. In either case, the notice must explain to the tenant the nature of the deficiency and explain how much time the tenant has to cure the problem before termination. If the tenant does not cure and remains in possession of the dwelling the landlord may pursue an unlawful detainer.

§ 35-9A-421. Noncompliance with rental agreement; failure to pay rent.

(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with Section 35-9A-301 materially affecting health and safety, the landlord may deliver a written notice to terminate the lease to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 14 days after receipt of the notice. If the breach is not remedied within the 14 days after receipt of the notice to terminate the lease, the rental agreement shall terminate on the date provided in the notice to terminate the lease unless the tenant adequately remedies the breach before the date specified in the notice, in which case the rental agreement shall not terminate.

(b) If rent is unpaid when due and the tenant fails to pay rent within 7 days after receipt of written notice to terminate the lease for nonpayment and if the rent is not paid within the 7-day period, the landlord may terminate the rental agreement at the expiration of the 7-day period. If a noncompliance of rental agreement occurs under both subsection (a) and this subsection, the 7-day notice period to terminate the lease for nonpayment of rent in this subsection shall govern.

(c) Except as provided in this chapter, a landlord may recover actual damages and obtain injunctive relief for noncompliance by the tenant with the rental agreement or Section 35-9A-301. If the tenant’s noncompliance is willful, the landlord may recover reasonable attorney’s fees.