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Updated almost 7 years ago on . Most recent reply

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Corey Demers
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Eviction - end of lease question.

Corey Demers
Posted
Have a question for the board. I have a tenant with a lease that began August 1, 2017 and ends July 31, 2018. She paid her rent fine until June of 2018. In June she shorted her rent by $190. In July she shorted her rent by another 190. On 7/1/18, I gave her the standard 30 day notice that I would not be renewing her lease. I have the clause in my lease that says when the lease is over either can party can give a 30 day notice to terminate the lease. She has confirmed to me that she received this 30 day notice in writing from me. My question is, if she doesn’t leave on 7/31/18 then what do I do. Surely I don’t have to send a 7 day letter and go through the standard eviction process?. I always hear people talking about staying on month to month lease with tenants..... but if you still have to go through the eviction process, then what’s the point. Thanks for the help Corey Demers.

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Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
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Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
Replied

@Corey Demers, you do not have to give a seven day notice in Alabama if the lease has expired. The seven day notice is more properly called a "Seven Day Notice of Default and Opportunity to Cure."  You do not have a default situation. You simply have a holdover tenant who is no longer entitled to possession. 

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