Birmingham, AL asked in Landlord - Tenant for Alabama

Q: Hello! I am currently in an apartment with an expired lease and multiple documented repair issues with no response.

I would like to know if there are any legal ramifications for moving without a 60-day notice. They have not responded to my maintenance or leasing requests.

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1 Lawyer Answer
James Blount Griffin
James Blount Griffin
  • Madison, AL
  • Licensed in Alabama

A: Before you do anything, read the lease very carefully. If the lease is expired, you are a "tenant at will." They can't hold you for long, and you cannot hold them either. Mark everything the landlord may have violated. Mark anything you have or may have violated. Alabama law is friendly to landlords, not tenants.

To leave without a 60-day notice, if that clause is in the lease, would likely be a breach of the contract on your part. You might find that the landlord still has a hook in you and sues you for unpaid rent. In the least, they might report you to one of the credit bureaus.

If they really wanted you for another full lease, they would tell you, but they are not repairing things either. If you really don't want to live another year on this property with an unresponsive landlord, find something better, and give them 60-day notice. They own the property, not you, and at this point, if the lease is expired, they can get rid of you so long as they follow the notice procedures of the lease and Alabama law.

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