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Can I terminate my rental agreement due to my tenant's assault on a guest?

Can I terminate my rental agreement due to my tenant's assault on a guest?

Full question:

My tenant lives on the ground floor of my house. Last Friday my friend and I were peacefully sitting in the garden chit chatting. All of a sudden, my tenant came and started hitting my friend. Lately, my tenant has been causing a lot of nuisance. Can I terminate the rental agreement?

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

Answer:

In Alabama, you can terminate a rental agreement if a tenant commits criminal assault against a guest on the property. You must provide a seven-day notice for termination in this case. According to Alabama law, certain actions by a tenant, including criminal assault, are considered noncurable defaults. This means the tenant cannot remedy the situation unless you agree to it (Ala. Code § 35-9A-421). Therefore, since your tenant assaulted your friend, you may proceed with terminating the rental agreement.

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

How to deal with a manipulative tenant?

Dealing with a manipulative tenant can be challenging. Start by documenting all interactions and incidents. Set clear boundaries and communicate your expectations directly. If the behavior continues, consider issuing a formal warning or notice. If necessary, review your lease agreement for any violations that may justify termination. Always follow state laws regarding eviction and tenant rights. In Alabama, you may have grounds for termination if the tenant's behavior constitutes a criminal act or violates lease terms. Consult a legal professional if you need further assistance.

What to do if someone is living on your property?

If someone is living on your property without permission, first communicate with them to understand their situation. If they are a tenant, review the lease agreement to determine their rights. If they are not a tenant, you may need to issue a formal notice to vacate. In Alabama, if the person refuses to leave, you may have to initiate an eviction process. Always follow legal procedures to avoid complications. Consulting with a legal professional can help ensure you take the correct steps.

Can a tenant sue a landlord for unsafe living conditions?

Yes, a tenant can sue a landlord for unsafe living conditions if the landlord fails to address significant health or safety issues. In Alabama, landlords are required to maintain habitable premises. If a tenant has reported unsafe conditions and the landlord has not acted, the tenant may have grounds for a lawsuit. It's advisable for tenants to document all communications and conditions. Legal action should be considered a last resort, and consulting with an attorney can provide guidance on the best course of action.

How long can someone live with you without being on the lease?

The duration someone can live with you without being on the lease often depends on the lease terms and local laws. In Alabama, if a guest stays for an extended period, they may be considered a tenant and gain certain rights. Generally, if someone stays longer than 14 days, it’s advisable to add them to the lease or seek permission from your landlord. Check your lease for specific clauses regarding guests and occupancy limits to avoid potential issues.