Apex Law had the pleasure of representing a client today who had been served an unlawful detainer complaint for “nonpayment of rent.” Read below to see how Alabama’s Tenant Lawyers won again:
Our client attempted to tender rent multiple times, but the landlord refused. Unfortunately for the Landlord, he did not seek legal advice as he believed he could handle the situation without an attorney, which turned out to be a BIG mistake.
Apex Law was hired by the client and promptly submitted an Answer along with a Motion to Dismiss (12(b)(4)), challenging the absence of Alabama process.
Legal Lesson: Under §35-9A-421(b) – “If rent is unpaid when due, the landlord may deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed to remedy the breach and that the rental agreement will terminate upon a date not less than seven business days after the receipt of the notice.”
In Alabama, if you wish to remove a tenant due to nonpayment, you need to (1) deliver a 7-Day Notice to Cure (by posting and by first class mail), (2) initiate a cure period during which the tenant can make the payment (and not prevent the tenant from paying); before proceeding with the unlawful detainer lawsuit.
Improper notice? Contact Apex Law today!
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