Category Archives: lease termination

Early Lease Termination

Last month we discussed early termination of a lease agreement in the case of active duty military transfers. This month, we are going to discuss what happens when a tenant informs you – for whatever reason – that he is moving despite being under an unexpired residential lease agreement.   As discussed last month, aContinue Reading

Leases and the Active Duty Military

Leases and the Active Duty Military In honor of Veteran’s Day, this month we are going to discuss the Servicemembers Civil Relief Act (SCRA).  This piece of federal legislation allows a service member to terminate residential lease agreements under certain circumstances. The SCRA is designed to protect active duty military members, reservists who are in activeContinue Reading

Contractual Modifications of Residential Lease Agreements

This month we are going to discuss contractual modifications of residential lease agreements.  A lease agreement is a legal contract providing possession of residential premises to a tenant for a fixed duration upon set terms.  There is no general contractual right to modify a legal contract – its terms remain binding on both parties forContinue Reading

Ask the Attorney: September Edition

Dear Ask the Attorney:I have recently taken over management of a single-family residential property from another management company. May I require that the existing tenant sign my lease agreement?  Generally, no.  If the former management company correctly styled the residential lease agreement (i.e., the lease is between TENANT and MANAGEMENT COMPANY AS AGENT FOR OWNER)Continue Reading

Can I Still Charge Termination Penalties?

This question comes to us from one of the properties that we represent in Shelby County, Alabama: Question: I served a Notice of Rental Agreement Noncompliance to a tenant that was behind on their rent. The tenant moved out within seven days and we did not file an unlawful detainer action. Can I still chargeContinue Reading

Terminating a lease in a premises damages by storms or fire

This is a timely post, given the recent destruction facing all of Alabama: If your rental housing is destroyed (or your ability to live there is substantially impaired) due to fire, storm or other casualty damage a tenant may be legally entitled to terminate their lease pursuant to Ala. Code 35-9A-406 which states: The tenantContinue Reading