Proper notice to vacate

[pkking]

What is the name of your state? Alabama. My current lease agreement expires March 31st. After reviewing the lease agreement the only clause I can find concering notice to vacate is a time frame for the lessor to give notice. Holding over clause "Should the Lessee continue to oocupy the premises after the expiration of said term or after a forfeiture incurred, then, the Lessee shall continue as a tenant under the terms of this lease on a month to month basis, PROVIDED, HOWEVER, that the Lessor reserves the right to adjust the monthly rental payable after said term and provided further that the Lessor may terminate the lease upon giving of ten (10) days written notice and without further notice to recover possession of said property." Am I required to abide by the same ten day notice or am I required to still give a thirty day notice. I am in the process of looking for a home to purchase and should I find one in the middle of the month would I simply be able to vacate at the end of the month without penalty. Under normal cirmistances it would take appx 30 days to close on a house, however due to Hurricane Katrina, houses in this market are staying on the market an average of 2 days with closing within 10 days So I may not be able to provide a full 30 day notice., however I will provide as much notice as possible.

 

[ENASNI]

What is the name of your state? Alabama. My current lease agreement expires March 31st. After reviewing the lease agreement the only clause I can find concering notice to vacate is a time frame for the lessor to give notice. Holding over clause "Should the Lessee continue to oocupy the premises after the expiration of said term or after a forfeiture incurred, then, the Lessee shall continue as a tenant under the terms of this lease on a month to month basis, PROVIDED, HOWEVER, that the Lessor reserves the right to adjust the monthly rental payable after said term and provided further that the Lessor may terminate the lease upon giving of ten (10) days written notice and without further notice to recover possession of said property." Am I required to abide by the same ten day notice or am I required to still give a thirty day notice. I am in the process of looking for a home to purchase and should I find one in the middle of the month would I simply be able to vacate at the end of the month without penalty. Under normal cirmistances it would take appx 30 days to close on a house, however due to Hurricane Katrina, houses in this market are staying on the market an average of 2 days with closing within 10 days So I may not be able to provide a full 30 day notice., however I will provide as much notice as possible.

No offense, but Alabama is weird.

Look over the state's site and you tell me what it says.
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/135724.htm

I am hungry and not thinking straight.

 

[pkking]

I agree Alabama does have wierd laws. Looking at Section 35-9-5 (lease time period not specified ie mtm tenacy) it states exactly what is stated above in the holdover clause. Which only states the Landlord must give 10 day notice. However section 35-9-8 (certian period time frame) states no notice is required when the term is expired. So basically Alabama laws really just go round and round in circles. I'm so confused!!!!

 

[ENASNI]

I agree Alabama does have wierd laws. Looking at Section 35-9-5 (lease time period not specified ie mtm tenacy) it states exaxtly is what is stated above in the holdover clause. Which anly states the Landlord must give 10 day notice. However section 35-9-8 (certian period time frame) states no notice is required when the term is expired. So basically Alabama laws really just goes round and round in circles. I'm so confused!!!!

As Demi says to Patrick in Ghost

"Ditto, babe."


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