Alabama 14-Day Notice to Cure or Quit (Material Noncompliance)

ALABAMA FOURTEEN (14) DAY NOTICE TO CURE OR QUIT

TABLE OF CONTENTS

1. Notice Caption and Parties
2. Premises and Tenancy
3. Statement of Material Noncompliance
4. Statutory Authority and Right to Cure
5. Election to Terminate; Demand for Possession
6. Reservation of Rights and Non-Waiver
7. Tenant Information and Defenses
8. Method of Service
9. Signature Block
10. Proof of Service / Certificate of Delivery
11. Alabama Practice Notes
12. Sources and References

1. NOTICE CAPTION AND PARTIES

FOURTEEN (14) DAY NOTICE TO CURE OR QUIT

(Material Noncompliance — Ala. Code § 35-9A-421(a))

TO: [TENANT FULL LEGAL NAME], and all other occupants in possession of the premises described below

FROM: [LANDLORD / OWNER FULL LEGAL NAME]

Capacity of sender: ☐ Owner ☐ Property Manager (authorized agent) ☐ Other: [________________________________]

Date of notice: [__/__/____]

2. PREMISES AND TENANCY

2.1. Premises. The premises subject to this notice are:

Street address: [________________________________]

Unit / apartment: [________________________________]

City: [________________________________] County: [________________________________] AL ZIP: [____________]

2.2. Rental agreement. The tenancy is governed by:

☐ A written lease dated [__/__/____]

☐ An oral rental agreement

☐ Holdover from expired written lease dated [__/__/____]

2.3. Tenancy type.

☐ Month-to-month ☐ Week-to-week ☐ Fixed term ending [__/__/____]

3. STATEMENT OF MATERIAL NONCOMPLIANCE

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with the rental agreement, and/or in noncompliance with Ala. Code § 35-9A-301 (tenant obligation to maintain) and/or rules adopted under § 35-9A-303, in that you have committed (or permitted) the following specific acts or omissions:

3.1. Type of breach. Check all that apply:

☐ Material noncompliance with the rental agreement (§ 35-9A-421(a))

☐ Noncompliance materially affecting health and safety (§ 35-9A-421(a))

☐ Tenant's failure to maintain the dwelling unit in violation of § 35-9A-301

☐ Violation of a rule or regulation adopted under § 35-9A-303

☐ Other (specify): [________________________________]

3.2. Categorization.

☐ CURABLE breach. The breach is curable, and the Tenant has the right to remedy as set forth in Section 4.

☐ SECOND SIMILAR VIOLATION within 6 months — NOT CURABLE. A prior § 35-9A-421(a) notice was served on [__/__/____] involving substantially the same act or omission. Pursuant to Ala. Code § 35-9A-421(c), the Tenant has no right to cure, and the rental agreement terminates seven (7) days after receipt of this Notice. (If this box is checked, the cure language in Section 4.2 does NOT apply; the termination date in Section 5 is seven days after receipt.)

☐ NON-CURABLE BREACH. The conduct is not curable as a matter of law (e.g., intentional misrepresentation in the rental application; illegal drug activity; illegal discharge or use of firearms; criminal assault on the premises). Termination is on the date set in Section 5.

4. STATUTORY AUTHORITY AND RIGHT TO CURE

This Notice is issued under the authority of Ala. Code § 35-9A-421(a), which provides in relevant part:

"Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with Section 35-9A-301 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 14 days after receipt of the notice. If the breach is not remedied in 14 days, the rental agreement shall terminate as provided in the notice subject to the following exceptions: . . . If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate."

4.1. Landlord's election. The Landlord hereby elects to terminate the rental agreement on the basis of the breach(es) described in Section 3.

4.2. YOUR RIGHT TO CURE (curable breaches only). If the breach is curable, you have FOURTEEN (14) DAYS from the date you receive this Notice within which to fully and adequately remedy the breach. Cure means:

(a) Ceasing the offending conduct;

(b) Repairing any damage at your sole cost;

(c) Paying any quantifiable damages caused by the breach (if applicable); and

(d) Providing the Landlord with reasonable evidence of cure.

If the breach is fully cured within the 14-day period, the rental agreement will continue in force and this termination notice will be of no further effect. PARTIAL CURE IS NOT SUFFICIENT.

4.3. Repeat-offender rule. Even if you cure this breach, please be advised that under Ala. Code § 35-9A-421(c), if you commit another breach involving "substantially the same act or omission" within six (6) months from the date of this Notice, that subsequent breach will be non-curable and the Landlord may terminate on seven (7) days' unconditional notice.

5. ELECTION TO TERMINATE; DEMAND FOR POSSESSION

If the breach is NOT fully cured within the applicable cure period (14 days for curable breaches; 7 days for non-curable / second-similar-violation breaches), the rental agreement will terminate effective:

Termination date: [__/__/____] (specify date not less than 14 days, or 7 days if applicable, after receipt)

On the termination date, you must:

(a) Vacate the premises;

(b) Surrender all keys, parking passes, mail keys, garage remotes, and access devices to the Landlord at the address in Section 9; and

(c) Remove all personal property.

If you fail to vacate, the Landlord intends to file an action for unlawful detainer in the District Court of [________________________________] County, Alabama, pursuant to Ala. Code § 35-9A-461 seeking:

☐ Possession of the premises

☐ Damages caused by the breach

☐ Holdover damages of up to three months' periodic rent for willful holdover (Ala. Code § 35-9A-441(c))

☐ Court costs

☐ Reasonable attorney's fees (if the lease so provides or as authorized by statute)

6. RESERVATION OF RIGHTS AND NON-WAIVER

6.1. No waiver. The Landlord's acceptance of rent during the cure period does not waive the right to terminate for the breach if cure is not effected.

6.2. Reserved remedies. The Landlord reserves all rights and remedies under the rental agreement, AURLTA, and Alabama law, including without limitation those under Ala. Code §§ 35-9A-421, 35-9A-441, and 35-9A-461.

6.3. Severability. If any provision of this Notice is held invalid, the remainder of the Notice shall remain in effect to the extent permitted by law.

7. TENANT INFORMATION AND DEFENSES

7.1. You have the right to consult an attorney. Free or reduced-cost legal services may be available through Legal Services Alabama (1-866-456-4995).

7.2. You may have defenses to eviction, including without limitation:

(a) Defective notice — improper specificity of breach, improper recipient, improper service, insufficient time;

(b) No "material" noncompliance — the breach must be material; trivial or technical violations do not justify termination;

(c) Warranty of habitability — Ala. Code § 35-9A-204 (landlord's duty to maintain habitable conditions and supply running water, hot water, and reasonable heat);

(d) Retaliation — Ala. Code § 35-9A-501 (prohibits termination for tenant's code complaint, complaint to landlord, or tenants'-union activity);

(e) Discrimination — federal Fair Housing Act, 42 U.S.C. § 3601 et seq.; Alabama Fair Housing Law, Ala. Code § 24-8-1 et seq. (including disability accommodations);

(f) Self-help eviction — Ala. Code § 35-9A-407;

(g) Prior cure / waiver — if the Landlord previously accepted performance with knowledge of facts now alleged as breach;

(h) Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq.

8. METHOD OF SERVICE

This Notice was served on the Tenant on [__/__/____] by the following method (check all that apply):

☐ Personal hand-delivery to Tenant

☐ Hand-delivery to a person of suitable age and discretion residing at the premises (Ala. Code § 35-9A-161)

☐ Posted in a conspicuous place at the premises AND mailed by first-class mail

☐ Sent by U.S. certified mail, return receipt requested

☐ Sent by U.S. first-class mail (with proof of mailing)

☐ Delivered by electronic means (only if the rental agreement expressly authorizes electronic notice)

9. SIGNATURE BLOCK

Dated this [____] day of [__________], 20[____].

LANDLORD / AUTHORIZED AGENT

Signature: [________________________________]

Printed name: [________________________________]

Title / capacity: [________________________________]

Mailing address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

10. PROOF OF SERVICE / CERTIFICATE OF DELIVERY

I, the undersigned, declare under penalty of perjury under the laws of the State of Alabama that on [__/__/____], at approximately [____] [☐ a.m. ☐ p.m.], I served the foregoing FOURTEEN (14) DAY NOTICE TO CURE OR QUIT on the Tenant identified above by the method(s) checked in Section 8. I am over the age of nineteen (19) and not a party to this matter.

Server signature: [________________________________]

Printed name: [________________________________]

Address: [________________________________]

USPS tracking / certified-mail article number (if applicable): [________________________________]

11. ALABAMA PRACTICE NOTES

11.1. "Material" noncompliance. Alabama courts evaluate materiality on a case-by-case basis. Failure to keep the unit clean to the standard of paragraph 2 of a lease is unlikely to be material; failure to remove a non-functioning vehicle leaking fluid in a covenant-restricted property may be. Identify the materiality theory in the file before serving.

11.2. Health and safety. A § 35-9A-421(a) notice may be served independently for noncompliance "materially affecting health and safety" (e.g., creating fire hazard, harboring unauthorized hazardous animals, blocking egress) regardless of whether the lease expressly addresses the conduct.

11.3. Cure verification. Verify cure in writing. Photograph or document the remedied condition. If cure is incomplete, a second notice may be required for a new or continuing breach unless the first notice's termination date has not yet passed.

11.4. Non-curable categories under AURLTA. Intentional misrepresentation of a material fact in the rental application is not curable (§ 35-9A-421(a)). Practitioners also commonly treat illegal drug activity, criminal assault on premises, and discharge or display of firearms as non-curable; lease drafting should expressly identify these categories.

11.5. Forum & answer. Unlawful detainer is filed in district court in the county where the property sits (Ala. Code § 12-12-30). Tenant has seven (7) calendar days to answer (Ala. R. Civ. P. 12(dc)).

11.6. Appeal. Seven days to circuit court for trial de novo (§ 35-9A-461(d)). Trial within 60 days. Tenant must escrow rent during appeal to stay writ of possession.

11.7. Writ of possession. Automatic seven-day stay (§ 35-9A-461(c)).

11.8. Self-help bar. Under § 35-9A-407, lockout, removal of possessions, or interruption of essential services exposes landlord to three months' rent or actual damages plus attorney's fees.

11.9. Mobile-home parks. Ala. Code § 35-9-101 et seq. governs and may impose different cure periods and content requirements.

12. SOURCES AND REFERENCES

• Ala. Code § 35-9A-101 et seq. — AURLTA.
• Ala. Code § 35-9A-141 — Definitions.
• Ala. Code § 35-9A-161 — Notice; service.
• Ala. Code § 35-9A-201 — Security deposits.
• Ala. Code § 35-9A-204 — Landlord to maintain premises.
• Ala. Code § 35-9A-301 — Tenant to maintain dwelling unit.
• Ala. Code § 35-9A-303 — Rules and regulations.
• Ala. Code § 35-9A-407 — Tenant's remedies for unlawful ouster, exclusion, or diminution of service.
• Ala. Code § 35-9A-421 — Noncompliance with rental agreement; failure to pay rent.
• Ala. Code § 35-9A-441 — Periodic tenancy; holdover remedies.
• Ala. Code § 35-9A-461 — Landlord's action for eviction.
• Ala. Code § 35-9A-501 — Retaliatory conduct prohibited.
• Ala. Code § 35-9-1 et seq. — Pre-AURLTA tenancy provisions.
• Ala. Code § 35-9-101 et seq. — Mobile-home park tenancies.
• Ala. Code § 6-6-310 et seq. — Statutory unlawful detainer.
• Ala. Code § 12-12-30 — District court civil jurisdiction.
• Ala. Code § 24-8-1 et seq. — Alabama Fair Housing Law.
• Ala. R. Civ. P. 12(dc) — Seven-day answer in district-court possessory actions.
• Ala. R. Civ. P. 6(a) — Computation of time (carve-out for eviction actions).
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act.
• 50 U.S.C. § 3901 et seq. — Servicemembers Civil Relief Act.
• 15 U.S.C. § 9058 — CARES Act 30-day notice-to-vacate.