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Can use of drugs in the rental property be a valid ground for terminating the lease agreement?

Can use of drugs in the rental property be a valid ground for terminating the lease agreement?

Q: Can a landlord enter without permission in Alabama?

In Alabama, landlords generally must provide notice before entering a tenant's rental unit, usually 24 hours in advance. However, they can enter without permission in emergencies, such as a fire or water leak. It's important for landlords to respect tenant privacy and follow legal requirements regarding entry.

Full question:

I caught my tenant using drugs in the rental property. Under the law prevailing in Alabama, can use of drugs in the rental property be a valid ground for terminating the lease agreement?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Alabama

Answer:

In Alabama, per Ala. § 35-9A-42, the rental agreement may be terminated if the tenant possesses or uses drugs in the premises of the rental property. The relevant statute reads:

Ala. § 35-9A-42:

“The following acts or omissions by a tenant or occupant shall constitute a noncurable default of the rental agreement, and in such cases the landlord may terminate the rental agreement upon a seven-day notice. The tenant shall have no right to remedy such a default unless the landlord consents. Such acts and omissions include, but are not limited to, the following:
(1) Possession or use of illegal drugs in the dwelling unit or in the common areas.”

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.

FAQs

What is the drug clause in a lease?

A drug clause in a lease is a provision that prohibits tenants from using, possessing, or distributing illegal drugs on the rental property. This clause allows landlords to take action, such as terminating the lease, if the tenant violates this rule. Including a drug clause helps protect the property and ensures compliance with local laws regarding drug use.

What is a drug addendum?

A drug addendum is an additional document attached to a lease agreement that outlines specific rules regarding drug use and possession. It typically states that illegal drug activity is prohibited and may detail the consequences for violations, such as eviction. This addendum reinforces the landlord's rights and helps clarify expectations for tenants.

How to get drug dealers evicted?

To evict drug dealers from a rental property, a landlord should first gather evidence of illegal activity, such as police reports or witness statements. Next, the landlord can issue a notice to terminate the lease based on the illegal activity, as allowed by Alabama law. If the tenant does not vacate, the landlord may need to file an eviction lawsuit in court.

What can landlords not do in Alabama?

In Alabama, landlords cannot discriminate against tenants based on race, color, religion, sex, national origin, familial status, or disability. They also cannot retaliate against tenants for exercising their legal rights, such as reporting health or safety violations. Additionally, landlords must provide proper notice before entering the rental property, typically 24 hours unless there is an emergency.

Can a landlord enter without permission in Alabama?

What are red flags in a lease agreement?

Red flags in a lease agreement include vague or unclear terms, excessive fees, unusual restrictions, or clauses that seem one-sided in favor of the landlord. Other warning signs are lack of maintenance or repairs, poor communication from the landlord, or pressure to sign quickly. It's crucial for tenants to thoroughly review the lease and ask questions before signing.