Alabama Month-to-Month Lease Agreement

Last Updated: March 29, 2022 by Elizabeth Souza

An Alabama month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.

Note: For fixed term leases in Alabama (i.e., 1-year), click here.

How do Alabama Month-to-Month Lease Agreements Work?

A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.

Once the lease is active, both parties are given full rights under the Alabama landlord tenant law.  This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.

How Much Notice is Needed to End the Lease?

In Alabama, either party may terminate a month-to-month lease agreement by giving at least 30 days’ notice.  §35-9A-441

Notice must be provided in written form.

How Much Notice is Needed to Raise the Rent?

In Alabama, the landlord may raise the rent or change any other lease terms by providing at least 30 days’ notice. The lease must specify a mid-lease increase in rent and a landlord may only increase rent at the end of the lease.

Notice must also be provided in written form.

Are There Notice Delivery Requirements?

In Alabama there are notice delivery requirements. In the case of the landlord, notice must be delivered to the place of business or mailed to any place that is designated by the landlord as the place for receipt of communication.

In the case of the tenant, the notice must be delivered in person or within 3 days after mailing the notice with enough prepaid postage in the United States mail service to the tenant’s last known address. § 35-9A-144

How are Month-to-Month Tenants Evicted in Alabama?

After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.

If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in Alabama. The process for eviction can be completed in a month but can take longer depending on the circumstances.

For more information on the eviction process in Alabama, click here.