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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33055
Experience:  30 years of real estate practice experience.
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I have a tenant that has overstayed in my rental house

Customer Question

I have a tenant that has overstayed in my rental house beyond the terms of the lease
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: alabama
JA: Have you talked to a lawyer yet?
Customer: tuscaloosa county
JA: Anything else you think the lawyer should know?
Customer: they are current on rent payments, but refuse to sign a new lease and I do not allow a month to month option. they are refusing to vacate, saying if they pay they have a right to stay
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Loren replied 11 months ago.

Good afternoon. i am Loren, a licensed attorney, and I look forward to assisting you.

Under Alabama law you must terminate the month to month tenancy in writing by giving 30 days notice, prior to the next date rent is due, to the tenant. You can hand the notice to the tenant or just post it on his door.

If the tenant does not move out after the notice period you need to file a forcible detainer in the housing court for the county. The clerk of the court would have the forms or you can retain local counsel if you do not wan to have to learn as you go.

The court will issue an order for possession and you place it with the sheriff for execution. The sheriff will then go to the premises and move remove the tenant and their possessions.

The court process takes about a month.

Expert:  Loren replied 11 months ago.

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