Alabama Notice to Terminate Periodic Tenancy (No-Cause)

ALABAMA NOTICE OF TERMINATION OF PERIODIC TENANCY

(No-Cause Termination — Ala. Code § 35-9A-441(a))

TABLE OF CONTENTS

1. Notice Caption and Parties
2. Premises and Tenancy
3. Termination of Tenancy
4. Statutory Authority and Computation of Notice Period
5. Move-Out, Surrender, and Security Deposit
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

NOTICE OF TERMINATION OF PERIODIC TENANCY

(Ala. Code § 35-9A-441(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 / tenancy origin. The tenancy is governed by:

☐ A written month-to-month rental agreement dated [__/__/____]

☐ A written week-to-week rental agreement dated [__/__/____]

☐ An oral periodic tenancy

☐ A holdover from an expired written lease (now month-to-month by operation of law) dated [__/__/____]

2.3. Periodic rent. Rent of $[____________] per ☐ month ☐ week is due on the [____] day of each ☐ month ☐ week.

3. TERMINATION OF TENANCY

YOU ARE HEREBY NOTIFIED that the Landlord elects to TERMINATE the periodic rental agreement on the following terms:

3.1. Termination type.

☐ Month-to-month tenancy — terminating with not less than 30 days' written notice

☐ Week-to-week tenancy — terminating with not less than 7 days' written notice

☐ Federally-covered property (CARES Act 30-day notice applies — see § 4.4)

3.2. Termination date. The rental agreement shall terminate on [__/__/____] (the "Termination Date"), which is the next periodic rental date occurring at least 30 days (or 7 days for week-to-week) after your receipt of this Notice.

3.3. No cause required. This is a no-cause termination of a periodic tenancy. The Landlord is not required to state a reason. Nothing in this Notice constitutes an admission of, or shall be construed as, a basis other than the Landlord's election under Ala. Code § 35-9A-441(a).

4. STATUTORY AUTHORITY AND COMPUTATION OF NOTICE PERIOD

4.1. Statutory authority. This Notice is given pursuant to Ala. Code § 35-9A-441(a), which provides:

"The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice. 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."

4.2. Date-of-receipt rule. The notice period is computed from the date of receipt by the Tenant, not the date of mailing. The Termination Date in Section 3.2 has been chosen with that allowance.

4.3. Periodic rental date. For month-to-month tenancies, the Termination Date must be a "periodic rental date" (the day rent is due). The Landlord has selected [__/__/____] as the Termination Date because rent under this tenancy is due on the [____] day of each month.

4.4. CARES Act overlay (federally-covered properties). If this property is a "covered dwelling" under 15 U.S.C. § 9058(a), federal law requires not less than thirty (30) days' notice to vacate regardless of the AURLTA notice period. The Termination Date in Section 3.2 has been adjusted to satisfy that requirement where applicable.

5. MOVE-OUT, SURRENDER, AND SECURITY DEPOSIT

5.1. Surrender of possession. On or before the Termination Date, you must:

(a) Vacate the premises;

(b) Remove all personal property;

(c) Surrender all keys, parking passes, mail keys, garage remotes, and access devices;

(d) Leave the premises in clean condition, free of trash and debris, with all fixtures and appliances intact; and

(e) Provide the Landlord with a forwarding address for the security-deposit accounting required by Ala. Code § 35-9A-201(c).

5.2. Forwarding address. Please provide your forwarding address in writing to the Landlord at the address in Section 9 to enable timely deposit accounting (60 days from termination of tenancy and delivery of possession). Failure to provide a forwarding address may result in delay of refund and forfeiture after 90 days under § 35-9A-201(c).

5.3. Holdover damages. If you remain in possession after the Termination Date without the Landlord's consent, Ala. Code § 35-9A-441(c) authorizes the Landlord to recover, in addition to possession, an amount up to three (3) months' periodic rent or actual damages (whichever is greater), plus reasonable attorney's fees, if the holdover is willful and not in good faith.

5.4. Demand for possession. The Landlord hereby demands possession of the premises on the Termination Date. If you fail to vacate, the Landlord intends to file an action for unlawful detainer in the District Court of [________________________________] County, Alabama, under Ala. Code § 35-9A-461.

6. RESERVATION OF RIGHTS AND NON-WAIVER

6.1. No waiver. The Landlord's acceptance of any payment after the date of this Notice does not waive or rescind this Notice unless the Landlord and Tenant execute a new written rental agreement. Any sums paid will be applied to use-and-occupancy charges and damages.

6.2. Reserved remedies. The Landlord reserves all rights and remedies under the rental agreement, AURLTA, and Alabama law.

6.3. Subject to fair housing. Nothing in this Notice is intended to discriminate against any person on the basis of any characteristic protected under federal, state, or local fair-housing law.

7. TENANT INFORMATION AND DEFENSES

7.1. Right to counsel. 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) and county bar referral services.

7.2. Defenses you may have, including without limitation:

(a) Defective notice — wrong notice period, wrong termination date, improper service, or notice that does not align with the periodic rental date for month-to-month tenancies;

(b) Existing fixed-term lease — a fixed-term lease may not be terminated without cause before expiration; this Notice is invalid as to a fixed-term tenancy in mid-term;

(c) Retaliation — Ala. Code § 35-9A-501 prohibits termination because (i) you complained to a code-enforcement agency, (ii) you complained to the Landlord under § 35-9A-204, or (iii) you organized or joined a tenants' union. Termination occurring within a year of protected conduct is presumptively retaliatory;

(d) Fair-housing discrimination — federal Fair Housing Act, 42 U.S.C. § 3601 et seq., and Alabama Fair Housing Law, Ala. Code § 24-8-1 et seq., prohibit termination motivated by race, color, religion, sex, national origin, family status, or disability, and require reasonable accommodations and modifications for tenants with disabilities;

(e) Subsidized-housing protection — if your tenancy is subsidized (Section 8 / HCV, Public Housing, Project-Based Section 8, LIHTC, RD, Section 202/811), federal "good cause" rules may prohibit no-cause termination;

(f) Self-help eviction — Ala. Code § 35-9A-407 prohibits lockout, removal of possessions, and shutoff of essential services; remedy is three months' rent or actual damages plus attorney's fees;

(g) Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., for active-duty military tenants;

(h) CARES Act 30-day notice to vacate, 15 U.S.C. § 9058(c), where the property is a "covered dwelling."

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

☐ 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 NOTICE OF TERMINATION OF PERIODIC TENANCY 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. Counting to the periodic rental date. Failure to align the Termination Date with the next "periodic rental date" is the most common defect in no-cause notices for month-to-month tenancies. If rent is due the 1st, the earliest valid month-to-month termination is the 1st of a month at least 30 days after notice receipt. Alabama courts strictly construe this.

11.2. Receipt vs. mailing. Build mailing time into the calendar. Conservative practice: add five business days for first-class mail receipt; pair with personal delivery or posting to fix the receipt date.

11.3. Fixed-term leases. This Notice is NOT a vehicle to "non-renew" a fixed-term lease before its expiration. To non-renew a fixed-term lease at expiration, the lease itself controls (often a 30-day or 60-day non-renewal notice contractually). For tenancies that have rolled into month-to-month after the fixed term ended, this Notice is appropriate.

11.4. Subsidized tenancies. HUD-administered programs require "good cause" for non-renewal of project-based units; see HUD Handbook 4350.3. Section 8 HCV requires "good cause" except at end of initial lease term per 24 C.F.R. § 982.310. Many local PHAs and state-funded LIHTC compliance manuals likewise require good cause. Use a cause-based notice.

11.5. Retaliation presumption. Practitioners commonly screen the prior 12 months for protected tenant conduct. If any code complaint, repair complaint, or organizing activity exists, paper the file with non-retaliatory business reasons or hold off on termination.

11.6. Forum, answer, appeal, writ. Same as for cause-based eviction: district court (Ala. Code § 12-12-30); seven-day answer (Ala. R. Civ. P. 12(dc)); seven-day appeal de novo to circuit (§ 35-9A-461(d)); seven-day writ stay (§ 35-9A-461(c)).

11.7. Self-help bar. Same as elsewhere: Ala. Code § 35-9A-407 prohibits lockout / shutoff and imposes treble or actual damages plus attorney's fees.

11.8. Mobile-home park lots. Tenancies in mobile-home parks (where tenant owns the home, lands the lot) are governed by Ala. Code § 35-9-101 et seq., not AURLTA, and generally require longer notice (often 6 months) for non-cause non-renewal under § 35-9-103.

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-407 — Self-help bar.
• Ala. Code § 35-9A-421 — Cause-based termination notices (rent and breach).
• Ala. Code § 35-9A-441 — Periodic tenancy termination; holdover damages.
• Ala. Code § 35-9A-461 — Landlord's eviction action.
• 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 § 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.
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act.
• 50 U.S.C. § 3901 et seq. — Servicemembers Civil Relief Act.
• 24 C.F.R. § 982.310 — Termination of Section 8 HCV tenancy.
• 24 C.F.R. § 5.852–.861 — HUD project-based good-cause rules.
• 15 U.S.C. § 9058 — CARES Act 30-day notice-to-vacate.