What remedy does the landlord have if the tenant abandons the property without any notice?
Full Question:
I rented out my apartment in Alabama. Recently I noticed that the tenant is absent from there without any notice or intimation, which has been required in the rental agreement. What remedy do I have for the tenant’s abandonment of the property?
12/28/2016 |
Category: Landlord Ten... » Lease Termin... |
State: Alabama |
#29019
Answer:
(a) If a rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 14 days pursuant to Section 35-9A-304 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.
(b) During any absence of a tenant in excess of 14 days, the landlord may enter the dwelling unit at times reasonably necessary.
(c) If a tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. But such duty shall not take priority over the landlord's right to first rent other vacant units. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy. If the tenancy is from month-to-month or week-to-week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.
(d) If a tenant leaves property in the unit more than 14 days after termination pursuant to this chapter, the landlord has no duty to store or protect the tenant's property in the unit and may dispose of it without obligation.
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As per the preceding statutory provision a landlord in Alabama is entitled to recover damages if the tenant fails to give notice to the landlord of an anticipated extended absence.
The landlord may enter the dwelling unit as necessary and may make reasonable efforts to rent it at a fair rental.