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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55442
Experience:  Lawyer; developer/owner of RE developments.
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I have a Birmingham, AL tenant on annual leasing for 3

Customer Question

I have a Birmingham, AL tenant on annual leasing for 3 years, habitual late (very late) rent payer with a porcupine personality. She had threatened me "Something ugly will happen on you.... Don't get near my door or I will call police" (Among some other malicious comments) when I gave her email notice that I will show the rental to prospective tenants. I finally gave her 7-Day-Notice on 8/22/16 and terminated our Rental Lease for not paying rent. She did pay within 7 days. Now she is in a Holdover period. I asked her to sign a Month-to-Month Rental Aggrement spelling out details on Late Payment, she did not respond. Without her signing this new Aggrement, I do not feel legally protected. I really no longer want her to be my tenant. Her last day for her annual lease is in mid June, 2017. I am a responsible landlord & taking good care of this rental property and did not raise rent, she clearly did not want to move and intended to fight to stay.
In Alabama, can I give her a 60-Day Notice to vacate now without giving any reason? What is the best way to make this tenant move out without any legal issues?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 11 months ago.

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Expert:  insearchoftheanswer replied 11 months ago.

Yes, you can terminate this holdover tenancy for no reason. And, I agree with to get this troublesome tenant in your rear view mirror! You are the owner of the house and now that she is not within a lease term, you can terminate the tenancy by giving the written notice. If she does not leave voluntarily on or before the termination date, under Alabama law, you will then need to give a 10-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, ifs he still has not left, you will have to file a petition for an eviction order. Once that is can have the sheriff evict her. Unfortunately, you are not allowed to move her stuff out, change the locks, shut off utilities, or take any other means of "self-help" eviction prior to obtaining the eviction order.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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