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Can a landlord terminate a rental agreement if the tenant fixes damages?

Can a landlord terminate a rental agreement if the tenant fixes damages?

Full question:

I had sent a written notice to my tenant informing him that I wish to terminate the rental agreement because he has damaged the fences in the garden and has broken the wall near the front gate of the rental property. However, after my tenant received the notice of termination of rental agreement, the tenant fixed the fences and the wall before the date the rental agreement was supposed to terminate. Can a landlord terminate the rental agreement if the tenant has remedied the breach of his tenant duties.

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

Answer:

According to Alabama law, specifically Code of Ala. § 35-9A-301, tenants must not damage any part of the rental property. Under § 35-9A-421, if a tenant corrects a breach of the rental agreement before the termination date specified in the notice, the landlord cannot terminate the rental agreement.

In this case, since your tenant repaired the damages to the fences and the wall before the termination date, you may not be able to terminate the rental agreement. The relevant legal text states that if the tenant adequately remedies the breach before the specified date, the rental agreement shall not terminate.

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

Can you evict a tenant for damaging property?

In Alabama, you can initiate eviction proceedings if a tenant causes significant damage to the property. However, if the tenant repairs the damage before the termination date specified in a notice, you may not be able to proceed with eviction. It's important to document the damage and any repairs made by the tenant. Always consult local laws and consider seeking legal advice before taking action. *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.*

What happens if a tenant ruins your property?

If a tenant causes damage to your property, you may have the right to seek compensation for repairs. In Alabama, you can notify the tenant of the damage and request that it be fixed. If the tenant fails to address the issue, you might consider terminating the rental agreement, but if they repair the damage before the termination date, you may not be able to proceed with eviction. Always document the damages and repairs. *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.*

What makes an apartment uninhabitable in New York state?

In New York, an apartment may be considered uninhabitable if it has serious issues such as lack of heat, water leaks, pest infestations, or unsafe conditions. Landlords are required to maintain the property in a livable state. If a tenant experiences such conditions, they can report them to local authorities and may have grounds to withhold rent or terminate the lease. Always check local housing codes for specific requirements. *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.*

What to do if someone is destroying your property?

If someone is damaging your property, document the damage with photos and notes. You should communicate with the individual to resolve the issue, but if the damage continues, consider contacting law enforcement or seeking legal advice. If the person is a tenant, you may need to follow specific legal procedures for eviction or termination of the rental agreement. Always act promptly to protect your property rights. *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.*

Can a tenant be charged with destruction of property?

Yes, a tenant can be charged with destruction of property if they intentionally or negligently cause damage to the rental property. In Alabama, landlords can seek compensation for the cost of repairs. However, if the tenant fixes the damage before any legal action is taken, it may affect the landlord's ability to pursue charges or termination of the lease. Always document the damage and any communications with the tenant. *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.*

Can you get kicked out for property damage?

In Alabama, a landlord can initiate eviction proceedings if a tenant causes significant property damage. However, if the tenant repairs the damage before the landlord takes action, the eviction may not be valid. It's essential to follow proper legal procedures and document all damage and repairs. Always consult local laws and consider seeking legal advice if you are unsure about the process. *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.*