Full question:
Facts: I am the 'landlord' renting a room(s) from my home for extra income at a weekly rate, all utilities included, (without a lease, but I do write receipts).The receipt is written as a roommate contribution for 1 weeks stay. My roommates do not have access to the entire house, only their room and the shared bathroom. They have a fridge and microwave in their room for sandwiches etc... After only 2 weeks a new roommate has come in drunk and left the bath in a mess, turned the ac very low etc.. ( a bad roommate). I have asked him to leave when his week is up. He refused to. I called the local police dept. They said it's a civil matter. I would need to give this drunk a 10 day notice of eviction. He has recently left the water running 'accidentally' all night in the bathroom to torment me. He is also hassling the others. When he was drunk he also went to my next door neighbors in the middle of the night (12:30a.m.) to see if my neighbor needed a new roommate. QUESTION: I need to know what my rights are and how to protect myself from future problems; What type of agreement should I have a potential roommate sign and How do I get them out of my home ( quickly) if they are a bad roommate. Specifically, How do I get rid of this bad roommate immediately?
- Category: Landlord Tenant
- Date:
- State: Alabama
Answer:
A written lease outlines the rental terms and expected conduct, helping to identify breaches. If a tenant violates these terms, you can serve a notice of termination for default. Without a written lease, tenants are typically considered tenants-at-will. The notice required to terminate their tenancy depends on the rental payment frequency: weekly or monthly.
According to Alabama law, you can terminate a week-to-week tenancy with a written notice given at least seven days before the termination date (Ala. Code § 35-9A-441). If the tenant remains after this notice, you can take legal action for possession. If their stay is willful and not in good faith, you may recover damages up to three months' rent or actual damages incurred, plus reasonable attorney's fees.
To prevent future issues, consider having potential roommates sign a written agreement that clearly outlines house rules and consequences for violations. This can provide a basis for eviction if necessary.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.