Termination of Tenancy from week to week
Full Question:
Answer:
A written lease is used to specify the terms of the rental and the standards of conduct that are required to determine when the tenant is in breach of the terms of the lease. When a tenant is in breach of the lease terms, a notice of termination for default of the lease terms may be served on the tenant.
Without a written lease, a tenant is generally considered a tenant-at-will and the notice required to terminate the lease will depend on the time period between rent payments. If rent is paid weekly, it is a week-to-week tenancy, if paid monthly, it is a month-to-month tenancy.
The following are AL statutes:
Code of Ala. § 35-9A-441
Periodic tenancy; Holdover remedies.
(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.
(b) 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.
(c) If a tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord may also recover an amount equal to not more than 3 month's periodic rent or the actual damages sustained by the landlord, whichever is greater, and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, Section 35-9A-161(d) applies.
