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How much notice do I have to give a tenant to vacate a house,

Resolved Question:

How much notice do I have to give a tenant to vacate a house, there is no lease and are two month's behind on payment's. Location- Brewton, Alabama.
Submitted: 2 years ago.
Category: General
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

YOu have to give them "pay or quit" notice. Specifically, you have to give them notice, in writing, of the exact amount of money they owe. And you have to give them seven (7) days to "pay or leave"

If you look at the Code of Alabama, Title 35, Chapter 9A, Section 35-9A-421(b):

Section 35-9A-421
Noncompliance with rental agreement; failure to pay rent.
(a) 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 terminate the lease 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 within the 14 days after receipt of the notice to terminate the lease, the rental agreement shall terminate on the date provided in the notice to terminate the lease unless the tenant adequately remedies the breach before the date specified in the notice, in which case the rental agreement shall not terminate.
(b) If rent is unpaid when due, the landlord may deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed to remedy the breach and that the rental agreement will terminate upon a date not less than seven days after receipt of the notice. If the breach is not remedied within the seven days, the rental agreement shall terminate. If a noncompliance of rental agreement occurs under both subsection (a) and this subsection, the seven-day notice period to terminate the lease for nonpayment of rent in this subsection shall govern.
(c) Except as provided in this chapter, a landlord may recover actual damages and obtain injunctive relief for noncompliance by the tenant with the rental agreement or Section 35-9A-301. If the tenant's noncompliance is willful, the landlord may recover reasonable attorney's fees.



If they do not pay? Then you can head to the county court and file the eviction notice. You would set a court date, show up at court with a copy of your notice, and the court will order eviction



P. Simmons, Attorney
Category: General
Satisfied Customers: 26525
Experience: 45 years old, retired Marine Officer, current attorney
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