Month-to-month leases generally don’t have specific renewal terms. The lease usually continues until either party terminates it using the proper termination or eviction procedure. However, there are some termination laws to keep in mind.
In Alabama, parties must give the other party 30 days’ advance written notice if they want to terminate. The party must hand deliver the notice or mail it to their registered address using certified mail.
There’s no timeframe for the notice period if a landlord wants to increase the rent. However, the lessor must provide a written notice of their intention to raise the rent. Generally, landlords abide by the 30-day notice period, but you can decide the time frame based on your discretion.
The Alabama government states that the maximum security deposit is one month’s rent unless the lessee has pets. There are a few other specific instances where the deposit can be higher. These include situations like if the landlord has increased liability due to the tenant’s history or circumstances.
Once the lease is terminated, the landlord has 60 days to provide an itemized list of deductions and return the security deposit. The landlord will use the tenant’s provided forwarding address, even if that address is the lessee’s previous residence. The tenant will forfeit any unclaimed deposit after 90 days.
Tenants have the right to inhabitable premises that satisfy the local safety and health regulations. Tenants can also request repairs from the landlord, provided they didn’t cause these repairs to become necessary. The lessor must deliver the repairs promptly.
Further, the landlord must respect the tenant’s right to peaceful habitation. They cannot enter the property without notice of at least two days. Additionally, the tenant has a right of entry, which means the landlord cannot change the property’s locks without a court order. It remains valid even if the lessee has violated any of the agreement’s terms.
Alabama is a landlord-friendly state, as there aren’t many legal requirements and disclosures, the lessors must add to the agreement. However, that doesn’t mean there are none, and you must add the following disclosures:
Identification of Managing Agent:The landlord must provide the tenant with the name and address of their authorized agent. This clause ensures the lessee can serve any legal notices.
Lead-Based Paint Disclosure: As a federal disclosure, landlords in Alabama must add this clause if the building is older than 1978. It includes giving the tenant an informational pamphlet on the dangers of lead-based paint.
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When creating an Alabama month-to-month lease agreement, you must ensure you add a few legal disclosures and terms. Without these terms, you might find that the lease is no longer legal. In the worst case, the other party can sue you for non-disclosure.
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