An Alabama 30 Day Notice to Vacate is a legal letter written for tenants that do not have a lease and pay rent monthly or to end a month-to-month tenancy. This notice is provided to either party at least thirty (30) calendar days before the end of the following rental period.
When to Use an Alabama 30 Day Notice to Vacate
A landlord or a tenant may use an Alabama 30-Day Notice to Vacate to end a month-to-month arrangement in accordance with state law. This notice may also be used for tenants that do not have a written lease and pay rent monthly.
How to Write an Alabama 30 Day Notice to Vacate
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Serve an Alabama 30 Day Notice to Vacate
A landlord or tenant can deliver lease termination notices in Alabama using any of the below acceptable methods:
- Handing the notice to the other party in person;
- Handing the notice to a person who can accept the legal letter on behalf of the other party;
- Mailing the notice by first class mail with a certificate of mailing or certified mail with a return receipt.
When sending the notice by first class or certified mail , add three (3) additional calendar days to the notice period to account for variability in post office delivery times.
Sources
- 1 AL Code § 35-9A-461
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Service of process shall be made in accordance with the Alabama Rules of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve the defendant personally, service may be had by delivering the notice to any person who is sui juris residing on the premises, or if after reasonable effort no person is found residing on the premises, by posting a copy of the notice on the door of the premises, and on the same day of posting or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of the person, shall mail notice of the filing of the unlawful detainer action by enclosing, directing, stamping, and mailing by first class a copy of the notice to the defendant at the mailing address of the premises and if there is no mailing address for the premises to the last known address, if any, of the defendant and making an entry of this action on the return filed in the case. Service of the notice by posting shall be complete as of the date of mailing the notice.
Source Link - 2 Alabama Court Rules of Civil Procedure - Rule 4
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Rule 4.1(c)(3) renders service by certified mail effective from the date of delivery to the named addressee or to his agent.
Source Link - 3 Alabama Court Rules of Civil Procedure - Rule 6
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Rule 6 – Additional time after service by mail or electronic filing. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail or electronic filing, three (3) days shall be added to the prescribed period.
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