If a landlord gives you an eviction notice how long does the tenant have to move?
Full Question:
If a landlord gives you an eviction notice how long does the tenant have to move? There is no written rental agreement. I'd like to include that the termination notice that I recieved was for two weeks.
10/31/2007 |
Category: Landlord Tenant |
State: Alabama |
#11311
Answer:
The following are Alabama statutes:
§ 35-9-3. Duration of tenancy when time for termination not specified —
Generally.
Where no time is specified for the termination of tenancy,
the law construes it to be from December 1 to December 1 but if
it is expressly a tenancy at will, then either party may
terminate it at will, by 10 days' notice in writing.
§ 35-9-5. Notice to terminate tenancy for term less than one year.
In all cases of tenancy by the month or for any other term
less than one year, where the tenant holds over without special
agreement, the landlord shall have the right to terminate the
tenancy by giving the tenant 10 days' notice in writing of such
termination, and the landlord upon giving said notice for said
time shall be authorized without further notice to the tenant
to recover possession of the rented premises in an action of
unlawful detainer.
§ 35-9-6. Notice to quit for breach or default of terms of lease.
When default is made in any of the terms of a lease, it shall
not be necessary to give more than 10 days' notice to quit, or
of the termination of such tenancy, and the same may be
terminated on giving such notice to quit at any time after such
default in any of the terms of such lease; which notice may be
substantially in the following form:
"To A. B.:
You are hereby notified that in consequence of your default
in (here insert the character of the default) of the premises
now occupied by you, being (here describe the premises), I have
elected to terminate your lease, and you are hereby notifed to
quit and deliver up possession of the same to me within 10 days
of this date. Dated this ...... day of .........." To be signed
by the lessor or his agent; and no other notice or demand of
possession or termination of such tenancy shall be necessary to
maintain unlawful detainer.
§ 35-9-8. Notice unnecessary when tenancy is for certain period.
When a tenancy is for a certain period, and the term expires
by the terms of the lease, the tenant is then bound to
surrender possession, and no notice to quit or demand of
possession is necessary.