This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
Alabama Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease
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Multi-State
Control #:
US-00867BG
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Word;
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How to fill out Complaint Or Petition To Recover Possession Of Leased Premises After Expiration Of The Term Of The Lease?
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FAQ
Wrongful failure to make available heat, water, hot water, or essential services. (a) The landlord is not responsible for the payment of utility services unless agreed in the lease. (2) recover damages based upon the diminution in the fair rental value of the dwelling unit.
Property § 35-9A-423. (a) If a rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 14 days pursuant to Section 35-9A-304 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.
Code § 35-9A-204 requires the landlord to maintain the property in a safe and habitable condition: Compliance: Obey all building and housing codes that affect health and safety.
Article 3 - Tenant Obligations. Section 35-9A-304 - Tenant to Use and Occupy. Tenant to use and occupy. Unless otherwise agreed, a tenant shall occupy the dwelling unit only as a dwelling unit.
(a) A landlord may not demand or receive money as security, in an amount in excess of one month's periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises, for tenant's obligations under a rental agreement.
§ 35-9A-441. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days before the periodic rental date specified in the notice.
(1) If the tenant should fail to make any payments determined to be properly payable as they become due under this subsection, upon motion, the court shall issue a writ of restitution or possession and the landlord shall be placed in full possession of the premises.
§ 35-9A-441. (a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.
