Alabama Profit Maximizing Aggressive Landlord Oriented Electricity Clause

State:
Multi-State
Control #:
US-OL17024
Format:
Word; 
PDF
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Description

This office lease clause is a landlord-oriented electricity clause. It provides a considerable profit center for the landlord and picks up most of the characteristics and issues where the lessee agrees that lessor may furnish electricity to lessee on a "submetering" basis or on a "rent inclusion" basis.

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FAQ

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 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 days after receipt of the notice.

This legal requirement is known colloquially as the ?implied warranty of habitability? and is principally governed by AL Code § 35-9A-204 in Alabama. In Alabama, there is little clarity as to what that means, but it does imply that a rental must have essential amenities, like water, air conditioning, power, and heat.

Noncompliance with rental agreement; failure to pay rent. § 35-9A-422. Failure to maintain.

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. Repairs: Make all repairs to keep the property safe and habitable. Common Areas: Keep all common areas clean and safe.

Noncompliance with rental agreement; failure to pay rent. An intentional misrepresentation of a material fact in a rental agreement or application may not be remedied or cured.

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. Repairs: Make all repairs to keep the property safe and habitable. Common Areas: Keep all common areas clean and safe.

§ 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.

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Alabama Profit Maximizing Aggressive Landlord Oriented Electricity Clause