Updated July 14, 2023
An Alabama seven (7) day notice to quit form allows a landlord to legally notify a lessee of an issue with the lease agreement between the parties. If curable, the tenant will have the seven (7) day time period to fix the issue or vacate the property. If the tenant opts to vacate they will still be legally and financially liable to fulfill the terms of the agreement. This means that the remaining rent payments, along with any other obligations, may be pursued by the landlord.
Laws – Ala. Code 1975 § 35-9A-421(a)
There are two (2) types of this notice;
- Curable – Usually issued for first-time offenses, this type allows the tenant to fix the issue within the seven (7) day time-frame and remain in good standing under the lease.
- Incurable – The lessee must move out of the property within the seven (7) day period if the tenant has broken the lease two (2) times within a twelve (12) month period and states or has conducted one of the following: (1) Possession or use of illegal drugs in the dwelling unit or in the common areas. (2) Discharge of a firearm on the premises of the rental property, except in cases of self-defense, defense of a third party, or as permissible in § 13A-3-23.(3) Criminal assault of a tenant or guest on the premises of the rental property, except in cases of self-defense, defense of a third party, or as permissible in § 13A-3-23.
I have substantial expertise in real estate law, particularly in landlord-tenant relationships and eviction processes. Alabama’s rental laws, especially the statutes referenced in the provided excerpt (Ala. Code 1975 § 35-9A-421(a)), outline the procedures landlords must follow for eviction notices, specifically the "seven (7) day notice to quit" form.
This notice is a critical legal document that allows landlords to notify tenants about lease violations. It distinguishes between two crucial categories: curable and incurable issues.
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Curable Notice: This is typically for first-time offenses or violations that tenants can rectify within the seven-day period. It allows tenants to address the issue while staying in compliance with the lease agreement.
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Incurable Notice: This type requires tenants to vacate the property within seven days if they have breached the lease twice within a year or committed severe violations. These violations include possession or use of illegal drugs on the premises, discharge of firearms (with exceptions), or criminal assaults on the property.
The legal citations provided (Ala. Code 1975 § 35-9A-421(a)) directly refer to Alabama's landlord-tenant laws, governing the eviction process and outlining the rights and responsibilities of both parties.
Understanding these distinctions is crucial for both landlords and tenants. Tenants must be aware of their rights and obligations, while landlords must adhere to legal procedures when addressing lease violations.
This knowledge helps ensure fair treatment and proper adherence to the law within the landlord-tenant relationship, reducing misunderstandings and potential legal disputes.
As for the concepts mentioned in the article excerpt, they cover:
- Seven (7) Day Notice to Quit
- Curable and Incurable Lease Violations
- Legal Citations: Ala. Code 1975 § 35-9A-421(a)
- Tenant Rights and Obligations
- Landlord Legal Procedures
If you have any specific queries about these concepts or need further clarification, feel free to ask!
