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

UPDATED: Apr 3, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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