An Alabama month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of an Alabama Month-to-Month Rental Agreement
In Alabama, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Alabama landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Alabama
Alabama landlords may not rent a property out without making the following disclosures to a potential tenant, as applicable:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Alabama
Alabama lets either a landlord or tenant terminate a month-to-month lease on at least 30 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
Alabama requires written notice to end month-to-month leases. Notice in most cases has to be either hand-delivered or mailed to the other party’s address of record (sometimes with prepaid postage).
Required Notice To Raise the Rent on an Alabama Month-to-Month Lease
Alabama requires written advance notice for a rental increase, but doesn’t specify a particular timeframe for that notice. This means in most cases it’s reasonable for a landlord to keep the same standard notice provided for termination or other major lease changes. In Alabama, this is 30 days.
Eviction in Alabama Month-to-Month Rentals
Alabama tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Alabama typically take up to a month.
For more information on the eviction process in Alabama, click here.
Sources
- 1 Ala. Code § 35-9A-441(b)
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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.
Source Link - 2 Ala. Code § 35-9A-144(c)
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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.
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