Full question:
My tenant’s son recently got out of jail and moved in along with my tenant. My tenant son’s gangster friends often come to visit him and intentionally cause damage to the rental property. They have already broken the fences in the garden. What can I do in this situation?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Alabama
Answer:
In Alabama, if the tenant is noncompliant with Section 35-9A-301, then the landlord may either terminate the rental agreement or may recover actual damages and reasonable attorney fees or obtain injunctive relief. The relevant statutory provisions in this regard are:Code of Ala. § 35-9A-301 reads:
“A tenant shall:
(1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(2) keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits;
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(6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly, recklessly, or negligently permit any person to do so; and . . . .”
Code of Ala. § 35-9A-421 reads:(1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(2) keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits;
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(6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly, recklessly, or negligently permit any person to do so; and . . . .”
“(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, an intentional misrepresentation of a material fact in a rental agreement or application, or a noncompliance with Section 35-9A-301 materially affecting health and safety, the landlord may deliver a written notice to terminate the lease to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven days after receipt of the notice. An intentional misrepresentation of a material fact in a rental agreement or application may not be remedied or cured. If the breach is not remedied within the seven days after receipt of the notice to terminate the lease, the rental agreement shall terminate on the date provided in the notice to terminate the lease unless the tenant adequately remedies the breach before the date specified in the notice, in which case the rental agreement shall not terminate.
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(c) A landlord may recover actual damages and reasonable attorney fees and obtain injunctive relief for noncompliance by the tenant with the rental agreement or Section 35-9A-301.
(d) Notwithstanding Section 35-9A-141, no breach of any of the terms or obligations of the lease may be cured by a tenant more than four times in any 12-month period except by the express written consent of the landlord”
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(c) A landlord may recover actual damages and reasonable attorney fees and obtain injunctive relief for noncompliance by the tenant with the rental agreement or Section 35-9A-301.
(d) Notwithstanding Section 35-9A-141, no breach of any of the terms or obligations of the lease may be cured by a tenant more than four times in any 12-month period except by the express written consent of the landlord”
You may either terminate the rental agreement or may recover actual damages and reasonable attorney fees or obtain injunctive relief against the tenant.
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.
