Legal Justifications to Terminate a Lease in Alabama
Introduction to Leases Under Alabama Law
In Alabama, lease agreements may be classified as either a residential lease or a commercial lease. A residential lease refers to an agreement between a tenant and landlord for residential property. A commercial lease refers to an agreement between a tenant and landlord for commercial property. The relevant legal considerations for breaking a lease in Alabama will depend on the classification of the lease.
Alabama law refers to a residential tenant as a "lessee" and a residential landlord as a "lessor." An Alabama residential lease is still a contract and by law and agreement between the parties, is governed by general contract law. Many residential leases include details about the subject-matter of the lease, lease term, rent amount, procedure for lease termination by either party, and rights and responsibilities of the parties .
Lease agreements will often include a term for the tenant to pay rent. Rent may be paid monthly, quarterly or according to the lease agreement as otherwise specified. A lease term defines the beginning and ending dates of a lease and the terms of the lease agreement will apply for the specified lease term. If a lease agreement does not contain a lease term, the lease agreement is a periodic lease from one month to the next until a party terminates the lease relationship. A periodic lease is important in Alabama because a periodic lease provides for a party to terminate the lease by providing a written notice at least seven days before the end of the month or period.
Rights of Tenants to Break a Rental Agreement
A common misconception for tenants in Alabama is that they have no rights when it comes to breaking a lease. In fact, nothing could be further from the truth.
As a general rule, a tenant does not want to lose hold of the lease from the rental company because it is expensive to get a new place and/or mortgage. However, circumstances do come in to play that are beyond the control of the tenant and that may give him or her legal grounds to break the lease with the land owner.
State laws governing both commercial and residential leases consistently state that in order for the property to be a legally binding lease, both parties must be represented in the agreement. With this being said, the law has provisions in place that support both the lessee and the lessor (tenant and landlord) if either is unable to meet the terms of the lease. Most of the time, these agreements are enforced with compromise, especially if there was a natural disaster such as a fire or flood.
Finding out about any rights a tenant might have in Alabama leases can easily be accessed by speaking with legal counsel.
Legal Bases for Breaking a Lease Early
While tenants cannot simply decide to break their lease on a whim, there are legally-based scenarios in which state and federal laws provide them with the ability to terminate their leases without penalty. Under federal law, tenants and service members who are called to active military duty may terminate their residential lease at any time.
Federal Law
The Servicemembers Civil Relief Act, or SCRAA, provides a variety of protections for military members and their families, including the right to terminate real property rental agreements and park model mobile home contracts obtained by a servicemember for use as a residence, while on military duty. Alabama law also provides similar protections to service members under a different Alabama statute applicable to consumer leases with a term of more than 3 months including motor homes and other forms of mobile homes.
State Laws
Similar protections are extended under some state laws to provide an exception for domestic violence victims, offering the ability to break leases without penalty under certain circumstances. Tenants must generally give written notice to the landlord, along with documentation (police report, protective order, etc.) showing proof of domestic violence. Tread Carefully Breaking a lease without legally sufficient grounds can lead to substantial financial and legal penalties for the tenant, including loss of security deposit funds and the financial responsibility of paying for the rent from the premature termination date until the property is re-rented, which can be quite costly, depending on local rental market conditions.
Protection for Tenants from Domestic Violence
Alabama law provides additional protections to tenants who have been the victims of domestic violence. Specifically, Alabama law allows such a victim to end a lease under certain circumstances if he or she qualifies as "a victim of domestic abuse, sexual assault, sexual abuse of a child, or stalking as defined by the Code of Alabama under sections 30-5-3 and 15-20-5." (Ala. Code § 35-9A-6(a)). A tenant is eligible for this additional protection if: (1) he/she or a household member was a victim of domestic violence, sexual assault as defined by Alabama law, sexual abuse of a child, or stalking as defined by Alabama law; (2) the alleged perpetrator is a current leaseholder or resides at the rental property; and (3) within 30 days after the incident, the victim provides written notice to the landlord including a copy of one of several forms of documentary evidence attesting to the incident. The same 30-day time frame applies if the tenant is requesting that the named perpetrator be released from liability under the lease, presumably in circumstances where the lease remains in effect for the other tenant. Written notice regarding the tenant’s or household member’s being a victim of abuse may be provided to the landlord by either the victim or independent third-party professional as long as this notification is made within thirty (30) days of the certification or incident of abuse. Any tenant who falls within these protections may terminate his or her tenancy without penalty. In such a case, the lease will be terminated as of the date of the next regularly scheduled installment of rent; however, no rent shall be owed beyond that date.
Obligations of Landlords Under Alabama Law
Alabama landlords have specific obligations regarding the maintenance and safety of their rental properties. This requirement includes not only doing repairs in a reasonable time after you have reported them but also performing inspections of the premises, including the roof, siding, windows, doors, stairs, and railings, on a regular basis. Your landlord has 14 days to do any repairs that you have reported, except if the issue is an emergency .
A failure to perform these obligations to your rental property can constitute a legal reason to break your lease under Alabama law. When your landlord has failed to make repairs, Section 35-9A-420 permits you to terminate the lease, or at least your obligation to pay rent, if two conditions are met:
If your landlord was negligent, even slightly, in keeping the rental property safe and habitable, then that may constitute grounds for breaking the lease early.
Procedure on Legally Breaking a Lease
In Alabama, there is a preferred process by which tenants notify landlords of their intent to terminate leases. That process is to give the landlord written notice of the tenant’s intent to vacate the premises. Notice should be given in accordance with Alabama Code Section 35-9A-420, unless otherwise negotiated in the lease terms.
This notice must be in writing, although it can be in an email or other electronic communication. This notice must also include the date that the tenant intends to vacate the premises. This section gives both the tenant and landlord the right to shorten the notice requirement if they both agree in writing and the tenant has actually vacated the premises.
After vacating the apartment, or if a landlord believes that a tenant has vacated an apartment prior to the expiration of the lease terms, then the landlord should make a reasonable attempt to re-let the apartment. A landlord is not required to make this effort, but both landlords and tenants are more likely to avoid future misunderstandings if they both keep accurate documentation.
Recent case law has made it clear that tenants have more and more rights as established by statutes. This requires landlords to maintain accurate records and handle issues carefully and as instructed by state law, or lose the right to recover necessary amounts from deposits and overcharges. It is also important to understand that the obligation of the landlord to release the premises is joint, not individual.
Potential Ramifications and Risks
Even when the tenant has a legal reason to break a lease, doing so without an experienced attorney’s help can be extremely risky. Just two of the pitfalls include:
• The tenant’s financial consequences. Nonetheless, tenants break with leases all the time. But that does not mean the tenant is off the hook legally or financially. Even if the tenant has a legal right to break the lease, it [A] does not forgive the tenant for any past due rent or damages that may have occurred before the tenant broke the lease and [B] does not exonerate the tenant from any obligation to pay any future rent or other lease payments until the landlord is successful in mitigating his or her damages and re-leasing the property.
• The tenant’s legal risks. These include breach of contract damages, breach of contract attorney fees, property damage beyond normal wear and tear and more. These costs can add up quickly and potentially exceed the tenant’s ability to pay.
Obtaining Professional Help
Before making any final decisions about breaking your lease, seek out the advice of a legal professional or tenant advocate. Their insight can help you understand the local laws and circumstances that apply to you , enabling you to make a more informed decision. A legal professional will be able to provide information about potential liabilities that you may incur if you simply abandon the property without taking any action. You may come to the conclusion that breaking your lease is in your best interest after discussing the situation with an expert.