In this article, we will discuss the legal relationship known as a “month to month” residential tenancy, including how it is formed and how to terminate it, in Alabama.
Most lease contracts in rental property are for a fixed term – typically one year. When these contracts expire by their own terms, they can either automatically renew for another term of a year, or they can go
“month to month”. You should be familiar with what sort of renewal arrangement is contemplated by your lease contract.
A month to month tenancy automatically forms when the tenant pays the first month after the expiration of the lease contract. All the provisions of that lease remain in effect. This month to month relationship
gives both the landlord and the tenant a good deal of flexibility. You cannot, however, just initially start a relationship on a month to month basis unless you want to remit short term lodging taxes. The minimum
initial lease term in Alabama is six months.
To terminate the month to month relationship, either party simply needs to give a full calendar months’ notice to the other party. This is not a 30 day notice, as commonly thought, but rather a full months’
notice. Today is July 9th. If a landlord wanted to terminate a month to month tenant to, say, sell the property, the landlord would need to give the tenant a written termination notice which requires that they
vacate by August 31, 2020 – not August 9, 2020. The month to month tenant is entitled to a full months’ notice. You do not have to have a reason to terminate a month to month tenancy. In most cases, it is
better not to give a reason for your decision to terminate the tenancy, as that invites argument.
If you have any other questions about month to month tenancies, or to receive a copy of our template notice to terminate a month to month tenancy, please contact our office at (256) 562 – 1999.

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