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?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Alabama
Answer:
If a tenant abandons a property in Alabama, the landlord has specific rights and remedies. According to Code of Ala. § 35-9A-423, if the rental agreement requires the tenant to notify the landlord of an absence longer than 14 days and the tenant fails to do so, the landlord can recover actual damages.
During the tenant's absence exceeding 14 days, the landlord may enter the unit as needed. Additionally, the landlord must make reasonable efforts to rent the property at a fair market rate. If the landlord successfully rents the unit before the original lease expires, the original lease terminates at the start of the new tenancy. For month-to-month or week-to-week leases, the term is considered a month or a week, respectively.
If the tenant leaves personal property in the unit for more than 14 days after the lease ends, the landlord is not obligated to store it and may dispose of it.
In summary, as a landlord in Alabama, you can recover damages, enter the unit, and seek to rent it out if your tenant abandons the property without notice.
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.