A lease is a legally binding contract between two parties, usually running anywhere between six months and a year. During this time, your tenant has the contractual obligation to adhere to all terms of the lease. Including, paying rent for the entire duration the lease will run, whether or not they live there.
While lease violations do happen in Alabama, landlords do have ways in which they can manage them. So, in today’s article, you’ll learn everything you need to know when it comes to a tenant breaking their lease in Alabama.
Tenant Rights when Signing a Lease Agreement in Alabama
Tenants obtain certain rights when they sign a lease in Alabama. The following are some of these rights.
The right to live in a habitable property as per Ala. Code § 35-9A-204. This outlines the health and safety codes that a rental property must meet. If you fail in this responsibility, your tenant may choose to break their lease.
The right to live in peace and quiet. You cannot just enter your tenant’s premises as you wish. In Alabama, you must provide your tenant with a 2 days’ notice prior to entering their rented premises.
The reason for your entry must also be respectful. So, if you make repeated entries without notifying your tenant first, that will give them legal justification to break their lease.
Legally Justified Reasons for Breaking a Lease in Alabama
Your Alabama tenant can break their lease without penalty in a handful of scenarios. Bare in mind though, that you may have to deal with the security deposit. Such as the following:
Permission on the Lease
Some lease agreements have early termination clauses that permit a tenant to break their lease. In such a case, all the tenants would need to do is fulfil the relevant requirements in order to break free from their lease obligations.
In most cases, early termination clauses require tenants to meet two conditions. They are as follows:
- Provide the landlord with at least 30 days’ notice.
- Pay a penalty fee, usually equivalent to the rent of 2 months.
Starting Active Military Service
Tenants who begin an active military assignment have certain rights under the Servicemembers Civil Relief Act. The relief act protects tenants who are deployed for service and need to relocate.
The protection starts immediately once servicemember begins active duty and ends between 30 and 90 days after discharge.
That said, the lease doesn’t end immediately a tenant starts active duty. The earliest it can terminate is 30 days after the next rent period starts.
Also, the act requires that a tenant provide the following things to the landlord.
- Proof that their deployment will last more than 90 days.
- A written notice indicating their intention to leave for active duty.
Should the Unit Become Uninhabitable
Landlords have certain responsibilities under the Alabama Residential Landlord-Tenant Act. Among these responsibilities is to provide their tenant with a habitable rental property.
In Alabama, a habitable rental property is defined as one that has the following.
- Working smoke detectors.
- Safe and well-maintained floors.
- Safe stairs and railings.
- Adequate trash receptacles.
- Working sanitation facilities.
- Working electrical and plumbing facilities.
- Working HVAC equipment.
- Running cold and hot water.
- Waterproofed and leak-proof walls and roof.
- Well-maintained doors and windows.
While Alabama doesn’t allow tenants to withhold rent for repairs, requested repairs must be completed within 14 days. If you don’t, the tenant may have a right to break the lease citing “constructive eviction.”
Harassment
If a landlord harasses a tenant enough, it can give a tenant enough justification to break their lease. Examples of such actions include:
- Failure to perform requested repairs within a reasonable timeframe.
- Withholding amenities that were previously available and allowed.
- Failing to accept a rent payment.
- Making up allegations of improper conduct.
- Removing your tenant’s belongings from the unit.
- Physically intimidating a tenant.
- Creating a nuisance that disrupts a tenant’s right to quiet and peace.
- You violate your tenant’s privacy.
Tenants in Alabama have a right to privacy. Before entering your tenant’s rented premises, you must provide them a notice of at least 48 hours prior to entry.
The only exceptions to providing an advance notice is when there is an emergency, or under a court order.
Legally Unjustified Reasons for Breaking a Lease in Alabama
There are some reasons that don’t offer adequate protection against penalties for breaking a lease. The reasons are as follows.
- Buying a house
- Relocating for a new school or job
- Moving in with a lover
- Upsizing or downsizing
- Moving to be closer to friends and family
If a tenant breaks a lease for any such reason, you can still hold them liable for their rent obligations under the lease.
Landlord’s Duty to Find a Replacement Tenant in Alabama
Unlike some other states, Alabama law requires landlords to take reasonable steps to re-rent their unit after a tenant breaks their lease. This is referred to as a landlord’s duty to “mitigate damages.”
As such, it’d be unlawful for you to simply wait until the lease is over and then hold your tenant liable for all the rent due. So, if you’re lucky enough to land a new tenant, the other tenant would only be responsible for paying rent when the unit was vacant.
Bottom Line
If you need expert help, APM Leasing & Management can help. We not only understand the Alabama Landlord-Tenant Act, and when a lease can be broken, but can also help you manage your rental property reliably.
Disclaimer: Laws can change frequently, and this blog may not be updated as a consequence. So, this article isn’t a substitute for expert legal advice from a qualified attorney or an experienced property management company.