Alabama Landlord Tenant Without Lease
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FAQ
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.
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).
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.
An absence of a written rent agreement means the landlord can impose the increase of rent in adherence to the Rent Control Act 1948. A tenant can also shift to a new place anytime as there is no rent agreement that states what should be the process if the occupant wants to evacuate 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.