Alabama Landlord Tenant Without Contract
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FAQ
If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.
Eviction Process for No Lease / End of Lease In the state of Alabama, if tenants holdover, or stay in the rental unit after the rental term has expired, then the landlord must give tenants written notice before evicting them. The amount of time required in the notice depends on the type of tenancy.
A tenant without a written contract is still entitled to all the statutory rights a regular tenant with a contract is, including water, heating, a safe environment etc. In a similar vein, the tenant is still obligated to pay rent on time and take reasonable care of the property.
You may be able to kick someone out of your house in Alabama if there's no landlord/tenant relationship. If the person paid rent, or performed services in and around your home in exchange for living there, you may need to follow Alabama's eviction process to remove them.
You can't prevent a tenant from having a tenancy just by not giving them a written tenancy agreement. As soon as they go in and start paying rent, a tenancy will be created under s54(2) of the Law of Property Act 1925 (which sets out the circumstances under which a tenancy agreement is not needed for short lets).
