Short term tenancies in the state of Alabama may be terminated by either the landlord or tenant as long as the proper termination notice is given, but if the tenant fails to leave after tenancy has ended (regardless of the length of term), the landlord may take action as outlined below.
Week-to-Week Tenancy
The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.
Month-to-Month Tenancy
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.
Holding Over
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 three 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, the subsection of Alabama Rental Agreement Laws will then apply.
Section 35-9A-441 (Act 2006-316, p. 668, §1.)
Return to Alabama Landlord-Tenant Laws.