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 is used to specify the terms of the rental and the standards of conduct that are required to determine when the tenant is in breach of the terms of the lease. When a tenant is in breach of the lease terms, a notice of termination for default of the lease terms may be served on the tenant.
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.
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.
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.
