Albertville, AL asked in Juvenile Law for Alabama

Q: If I move out on day 10 of my next month after giving notice I was moving, do I owe for the entire month?

Related Topics:
1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Criminal Law Lawyer
  • Daphne, AL
  • Licensed in Alabama

A: Probably. First look at your written lease, if you have one. Your question makes it look like you don't have a written agreement. Without a written agreement you look to the statute. Alabama Code Section 35-9A-441(b) provides that "The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days before the periodic rental date specified in the notice." What does this mean? The "periodic rental date" is the date on which the rent is due. So, if your rent is due on the 5th of the month, the "periodic rental date" for the month of April is the 5th of April. If you wanted April to be your last month in the apartment, you needed to give your landlord notice on about the 5th of April that you intended to vacate the apartment by the 5th of May. The notice given on the 5th of April would get you all the way through April and would prevent the month-to-month tenancy, and your obligation to pay rent, from continuing past May 5. However, you owe for the full month of April even if you moved out on, say, the 15th of April. Your question makes it sound like you have stayed BEYOND the date you told the landlord you intended to move out. This can be a problem, and you probably owe for the full month because when you hold-over, you owe for a full month.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.