The Alabama Complaint regarding double rent damages for holdover is a legal document used to address a situation where a tenant remains in possession of a rental property after the lease term has ended. It aims to pursue compensation from the tenant for the additional rent owed due to their unauthorized holdover. In Alabama, there are several types of complaints regarding double rent damages for holdover that can be filed based on the specific circumstances: 1. Residential Tenant Holdover Complaint: This type of complaint is filed when a residential tenant stays in the rental property without renewing the lease or obtaining consent from the landlord. The plaintiff seeks reimbursement for the double rent, which is the amount equal to the monthly rent specified in the previous lease. 2. Commercial Tenant Holdover Complaint: A commercial tenant holdover complaint is used in cases where a business tenant continues occupying the leased premises beyond the agreed-upon lease term without proper renewal or consent. The landlord seeks compensation for the double rent, typically calculated based on the monthly rent stated in the original lease. 3. Unlawful Detained Complaint: An unlawful detained complaint can be filed when a tenant holds over after receiving a notice to vacate, regardless of whether it is for residential or commercial property. In addition to seeking double rent, the landlord may also request a court eviction order to regain possession of the premises. 4. Single Rent Claim or Demand Letter: In cases where a landlord is not seeking double rent damages, they may choose to send a single rent claim or demand letter to the tenant. This document requests payment of the overdue rent, plus any applicable late fees, without including double rent damages. It's important to note that each of these types of complaints requires specific information and proper legal documentation. Consultation with an attorney or legal professional is advisable to ensure compliance with Alabama landlord-tenant laws and to accurately complete the appropriate complaint form.
Alabama Complaint regarding double rent damages for holdover
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§ 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.
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.
If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in ...
(1) if the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate by reason of the breach.
Section 35-9A-163 - Prohibited provisions in rental agreements (a) A rental agreement may not provide that the tenant: (1) agrees to waive or forego rights or remedies established under Section 35-9A-204, 35-9A-401, or 35-9A-404, or requirements of security deposits established by this chapter or under the law of ...
(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.
Section 35-9A-164 - Payment of Rent Prerequisite to Enforcing Remedies Under This Chapter. Payment of rent prerequisite to enforcing remedies under this chapter. The tenant may not withhold payment of rent to the landlord, while in possession, to enforce any of the tenant's rights under this chapter.
The aggrieved party has a duty to mitigate damages; provided, the duty of a landlord shall not take priority over the landlord's right to first rent other vacant units.