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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34760
Experience:  16 years real estate, Realtor. Landlord 26 years
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What are my rights as a tenant if there is NO lease

Customer Question

What are my rights as a tenant if there is NO lease agreement? Homeowner is keeping my deposit because I did not give 30-day notice. I was not aware that I was suppose to give 30-day notice because we did not have a written or verbal 30-day notice agreement.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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In AL, if there is no written fixed term lease, then the tenancy is considered a month to month oral tenancy agreement by default. Either party can terminate the tenancy with a proper written notice to terminate as required under AL law. The duration of that notice is at least 30 days in written form.

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So if you didn't give at least a 30 day written notice, unfortunately you would be in breach and the landlord could hold you liable for up to one month's additional rent.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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