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The Alabama Landlord
May 13, 2011
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Sarah Taggart, P.C.
Post Office Box 18862
Huntsville, Alabama 35804
256-562-1999 www.sarahtaggart.com
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Dear Alabama Landlord,
Greetings! This is the third edition of The Alabama Landlord, a monthly educational update on legal issues pertaining to residential rental property and management.
Sincerely,
Sarah Taggart
Sarah Taggart, P.C.
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Monthly How To: Terminating a Month-to-Month TenancyIn order to properly terminate a month-to-month tenant's possessory rights in the leased premises, please note that the requirement is not "thirty days notice" but rather "notice equal to the length of the tenancy". The tenancy is calculated from when rent is due. That means you have to give the tenant one FULL months' notice. The tenant remains rent responsible for the time that he is in the leased premises. For example, if it is May 3, 2011 and you have decided you want to terminate a month-to-month tenancy, the notice that you give would state that the tenant has until June 30, 2011 to vacate - NOT June 3, 2011. This is an incredibly common mistake made by managers who have been in the industry for years. Part of the confusion results from the fact that attorneys and managers alike call the form a "30 Day Notice". |
Storm Damage and the Residential Lease Agreement
Given the recent line of severe weather, many of my clients have faced significant property damage to their apartment communities or rental properties. Alabama Code 35-9A-406 deals with a tenant's rights when the property is substantially impacted by fire or casualty.
If the rental housing is destroyed (or the tenant's 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 tenant may vacate the property immediately and send written notice to their landlord of that fact within fourteen days. The lease is thereafter terminated as of the date the tenant vacated the property. The tenant is entitled to the return of their security deposit and any prepaid rent.
If only a portion of the home is destroyed:
A tenant may elect to remain in the property, so long as the property is legally livable, and pay rent reduced in proportion to the diminished value based on the date of the event
NOTE: A tenant may seek the remedies under 35-9A-401 and 35-9A-406 only to the extent that the tenant did not cause the damage or is otherwise responsible for it.
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About Our Law Firm
Sarah Taggart, P.C. Post Office Box 18862 Huntsville, Alabama 35804 Sarah Taggart, P.C. 256-562-1999 www.sarahtaggart.com |
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Attorney Spotlight
Sarah Leopold Taggart graduated from Lee High School in Huntsville, Alabama and attended the University of the South in Sewanee, Tennessee. She graduated the University of the South magna cum laude and Phi Beta Kappa and received a full academic scholarship to study law at Washington University School of Law in St. Louis, Missouri. She opened the law firm of Sarah Taggart, P.C. in November 2006, and has focused exclusively on landlord/tenant law since that time.
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Internship Opportunity!
Our law firm is now accepting applications for student internships. Applicants will have and maintain a GPA of 3.2 or higher, be punctual and dependable, and possess a positive "ready to work" attitude. Interns will be exposed to several areas of the legal profession and gain valuable life and work experience. Interns will also be provided with a letter of recommendation from the Attorney upon exemplary completion of tasks. To apply for an internship, please submit a resume along with a copy of your transcript and a letter of reference from a teacher or mentor to:
Sarah Taggart, P.C.
ATTN: Internship
P.O. Box 18862
Huntsville, AL 35804
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