If the tenant pays the default rent can landlord still terminate the lease?

Full question:

I was unable to pay my rent for the last two months. My landlord has sent me a notice of termination of the rental agreement. If I pay all the default rent payment within the time specified in the notice (7days), will the landlord still be entitled to terminate the rental agreement?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Alabama

Answer:

The landlord may not be permitted under the Alabama law, to terminate the rental agreement for any default in rent payment, if the tenant remedies such breach and pays the unpaid rent within seven days after receipt of the notice of termination of the rental agreement.

Code of Ala. § 35-9A-421reads:
 
“(b) If rent is unpaid when due, the landlord may deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed to remedy the breach and that the rental agreement will terminate upon a date not less than seven days after receipt of the notice. If the breach is not remedied within the seven days, the rental agreement shall terminate.”

If you pay the default rent payment within 7 days as specified in the notice, the landlord may not be entitled to terminate 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

If you are unable to pay your rent, it's important to communicate with your landlord as soon as possible. Discuss your situation and see if you can negotiate a payment plan or a temporary reduction in rent. In some cases, landlords may be willing to work with tenants facing financial hardships. However, be aware that failure to pay rent can lead to eviction proceedings if not addressed promptly.