Alabama Tenant Self-Help Right

State:
Multi-State
Control #:
US-OL13022
Format:
Word; 
PDF
Instant download

Description

This office lease form describes a tenant's self-help right dealing with its inability to utilize the premises due to a failure of an essential service or the failure of the landlord to comply with the laws, to maintain the building or to provide a service.

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FAQ

Ing to the Alabama landlord-tenant law, tenants in Alabama have the right to seek a habitable unit that complies with local health and safety regulations. If the property requires any repairs, tenant rights allow them to request these services from the landlord.

Overview of the 2023 Update to Alabama Eviction Laws Extended Notice Period: The update extends the notice period that landlords must provide to tenants before initiating eviction proceedings. The new law requires landlords to give tenants a minimum of 30 days' notice before filing for eviction.

Your lease says how much notice your landlord must give you. Your landlord must then wait at least this long before bringing the eviction action. If the lease does not state a time, the minimum time is seven (7) days.

(b) If rent is unpaid when due, the landlord may deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed to remedy the breach and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice.

Alabama is often regarded as a landlord-friendly state, a reputation it has earned due to its favorable laws for property owners. Firstly, its eviction procedures are notably streamlined, allowing landlords to reclaim their property swiftly when tenants violate lease agreements or fail to pay rent.

§ 35-9A-201. (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.

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.

Keep in mind that with a long-term lease, the landlord cannot increase the rent until the lease ends and a new tenancy begins?unless the lease itself provides for an increase. Alabama landlords may not raise the rent in a discriminatory manner?for example, only for members of a certain race.

(b) If a landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes excessive demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement ...

Alabama landlords must give two days' notice and can enter only at reasonable times. (Ala. Code § 35-9A-303 (2022).)

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Alabama Tenant Self-Help Right