Is it legal for a landlord to give a tenant only 10 days notice to leave?

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Is it legal for a landlord to give a tenant only 10 days notice to leave?

My landlord only owns the land that I am on; I own the house.

Asked on April 3, 2012 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a written lease, your tenancy may only be terminated when the lease expires; for nonpayment of rent; for other lease violations (e.g. chronic late-payment of rent); for threatening the landlord; for disturbing the peace of other tenants; or for grossly negligently or intentionally damaging the landlord's property--or upon notice, IF the lease provides for termination upon certain notice. Other than the above, the landlord should not be able to terminate your tenancy--he can't simply decide that it's time for you to leave, if your lease isn't up, you're paying your rent, and you're not doingg anything else wrong.

The amount of notice he has to provide is different for each reason listed above--for example, for nonpayment of rent, no notice is required, and the landlord can immediately file for eviction, but if the problem is violating the lease, you typically have to be given not just notice but also a chance to fix the problem.

If you have an oral (nonwritten) lease, the landlord may terminate your tenancy on 30 days notice.


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