An Alabama 30 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a rental agreement, including a month-to-month or year-to-year lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use an Alabama 30 Day Notice To Vacate
An Alabama 30 Day Notice To Vacate terminates the following types of tenancy:
- A rental agreement, including month-to-month or year-to-year
- An expired lease
- A rental with no written lease where the tenant pays rent on a monthly basis
Some types of Alabama lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write an Alabama 30 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve an Alabama 30 Day Notice To Vacate
Alabama landlords may deliver a termination notice using any of these methods:
- Hand delivery to the tenant
- Delivery by mail to the tenant’s last known address, with adequate prepaid postage (considered delivered three days after mailing)
These requirements only apply to an initial notice of termination (for example, an initial Notice To Quit for nonpayment of rent). Once the landlord is actually filing an eviction in court, notice of the court case must be served by someone authorized to serve official process under Alabama law. Mailed notice of a court case is only acceptable after official service of process fails.
Sources
- 1 Ala. Code § 35-9A-144
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(a) A person has notice of a fact if:
(1) the person has actual knowledge of it;
(2) the person has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, the person has reason to know that it exists.
(b) A person “knows” or “has knowledge” of a fact if the person has actual knowledge of it.
(c) A person “notifies” or “gives” a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person presumatively “receives” a notice or notification when:
(1) it comes to the person’s attention;
(2) in the case of the landlord, it is delivered at the place of business of the landlord or mailed to any place designated by the landlord as the place for receipt of the communication; or
(3) in the case of the tenant, it is delivered in hand to the tenant or three days after mailing with adequate prepaid postage in the United States mail to the tenant’s last known place of residence.
(d) “Notice,” knowledge of a notice, or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the organization.
(e) Notice provided in this section does not apply to the notice required to terminate a tenancy or evict a tenant.
- 2 Ala. 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.
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