Can the Police Evict a Tenant Immediately in Alabama?
Full Question:
Answer:
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. A failure to pay rent requires 7 days notice to terminate the lease. It may be possible to apply to the court for injunctive relief to order the dogs to be removed. It may also be possible to register a complaint with the animal warden if the dogs are in violation of local animal ordinances, such as leashing laws.
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that
(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.
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.
§ 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:
§ 35-9A-421. Noncompliance with rental agreement;
failure to pay rent.
(a) Except as provided in this chapter, if there is a
material noncompliance by the tenant with the rental
agreement or a noncompliance with Section 35-9A-301
materially affecting health and safety, the landlord may
deliver a written notice to terminate the lease to the
tenant specifying the acts and omissions constituting the
breach and that the rental agreement will terminate upon a
date not less than 14 days after receipt of the notice. If
the breach is not remedied within the 14 days after receipt
of the notice to terminate the lease, the rental agreement
shall terminate on the date provided in the notice to
terminate the lease unless the tenant adequately remedies
the breach before the date specified in the notice, in which
case the rental agreement shall not terminate.
(b) If rent is unpaid when due, the landlord may deliver a
written notice to terminate the lease to the tenant
specifying the amount of rent and any late fees owed to
remedy the breach and that the rental agreement will
terminate upon a date not less than seven days after receipt
of the notice. If the breach is not remedied within the
seven days, the rental agreement shall terminate. If a
noncompliance of rental agreement occurs under both
subsection (a) and this subsection, the seven-day notice
period to terminate the lease for nonpayment of rent in this
subsection shall govern.
(c) Except as provided in this chapter, a landlord may
recover actual damages and obtain injunctive relief for
noncompliance by the tenant with the rental agreement or
Section 35-9A-301. If the tenant's noncompliance is willful,
the landlord may recover reasonable attorney's fees.
