Alabama Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease

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Multi-State
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US-00867BG
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Description

This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.

Alabama Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease is a legal action filed by a landlord to regain possession of a leased property after the expiration of the lease agreement. This process allows the landlord to enforce their right to the premises when the tenant fails to vacate the property willingly. Under Alabama law, there are different types of complaints or petitions that can be used to recover possession of leased premises, depending on the specific circumstances: 1. Nonpayment of Rent: When a tenant fails to pay the rent due for their leased premises, the landlord can file a complaint or petition to recover possession based on "nonpayment of rent." This legal action seeks both the recovery of possession and any unpaid rent, fees, or damages as determined by the court. 2. Lease Agreement Violation: If a tenant violates any terms or conditions outlined in the lease agreement, whether it be subletting without permission, conducting illegal activities, or causing substantial property damage, the landlord may file a complaint or petition to recover possession based on "lease agreement violation." This type of filing seeks to terminate the lease agreement and regain possession of the property. 3. Holdover Tenancy: In cases where the lease expires, but the tenant continues to occupy the premises without entering into a new lease agreement, the landlord can file a complaint or petition to recover possession based on "holdover tenancy." This legal action seeks to terminate the tenancy, evict the holdover tenant, and regain possession of the property. When filing a complaint or petition to recover possession of leased premises in Alabama, landlords need to follow certain procedural requirements as per the Alabama Landlord and Tenant Act. It is essential to adhere to these guidelines to ensure a successful outcome. Overall, an Alabama Complaint or Petition to Recover Possession of Leased Premises after the Expiration of the Term of the Lease is a legal mechanism that enables landlords to reclaim their property in situations where tenants do not voluntarily vacate after the lease term expires. Landlords must carefully evaluate the specific circumstances of the case to determine the appropriate type of complaint or petition to file, ensuring compliance with Alabama's laws and regulations.

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FAQ

Wrongful failure to make available heat, water, hot water, or essential services. (a) The landlord is not responsible for the payment of utility services unless agreed in the lease. (2) recover damages based upon the diminution in the fair rental value of the dwelling unit.

Property § 35-9A-423. (a) If a rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 14 days pursuant to Section 35-9A-304 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.

Code § 35-9A-204 requires the landlord to maintain the property in a safe and habitable condition: Compliance: Obey all building and housing codes that affect health and safety.

Article 3 - Tenant Obligations. Section 35-9A-304 - Tenant to Use and Occupy. Tenant to use and occupy. Unless otherwise agreed, a tenant shall occupy the dwelling unit only as a dwelling unit.

(a) A landlord may not demand or receive money as security, in an amount in excess of one month's periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises, for tenant's obligations under a rental agreement.

§ 35-9A-441. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days before the periodic rental date specified in the notice.

(1) If the tenant should fail to make any payments determined to be properly payable as they become due under this subsection, upon motion, the court shall issue a writ of restitution or possession and the landlord shall be placed in full possession of the premises.

§ 35-9A-441. (a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.

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This unlawful detainer complaint must be answered by you within seven (7) days after these papers were either served or posted at the leased premises as ... At the commencement of the term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and Section 35-9A-204 ...How to fill out Petition Possession Form? · Make use of the Preview function and read the form description (if available) to ensure that it's the appropriate ... After a judgment for possession is entered, your landlord must file a writ of restitution in order to evict you. Your landlord must wait 2 days after the ... Rules of Civil Procedure. A possessory action under the Sanderson Act is intended to. afford a more speedy remedy to a landlord to recover possession. of land ... INITIATED BY FILING A COMPLAINT. Form No. C-59. Must include a copy of the lease agreement and pay history. May sue for possession of property and for money ... Provide the court with at least 2 stamped envelopes. Address one envelope to yourself and one to each tenant. If you do not provide stamped envelopes, ... Plaintiff demands possession from each defendant because of expiration of a fixed-term lease. ... 23. For 17, check c and fill in past due rent amount. If the Judge grants your complaint, a Final Judgment will be signed. STEP THREE – OBTAIN WRIT OF POSSESSION. If the Defendant(s) refuse to leave the property ... Before a landlord can start a lawsuit to end a residential lease, you must first give proper written notice. The form of the notice will depend on the reason ...

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Alabama Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease