Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-5
Notice to Terminate Tenancy for Term Less Than One Year.
Operative Text
In all cases of tenancy by the month or for any other term less than one year, where the tenant holds over without special agreement, the landlord shall have the right to terminate the tenancy by giving the tenant 10 days’ notice in writing of such termination, and the landlord upon giving said notice for said time shall be authorized without further notice to the tenant to recover possession of the rented premises in an action of unlawful detainer.
Under Alabama Code § 35-9-5, when a tenant rents on a month-to-month basis or under any lease term shorter than one year and continues to occupy the property without a new written agreement, the landlord may end the tenancy by delivering a written notice at least 10 days in advance. Once that notice period expires, the landlord is permitted to pursue an unlawful detainer action in court to regain possession of the property without issuing any additional notice to the tenant.
Plain English — not legal advice.
Alabama Code § 35-9-5 establishes that operators managing month-to-month or short-term tenancies generally provide written termination notices that clearly state the termination date and allow the full 10-day period to run before initiating any court proceedings. Compliant landlords ensure the notice is delivered in a manner that creates a clear record, since the statute authorizes an unlawful detainer action only after that written notice requirement is satisfied. Maintaining documentation of when and how notice was delivered is a standard practice under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 35-9-5 governs how and when a landlord may terminate a month-to-month or short-term tenancy, and tenants have an interest in verifying that any termination notice they receive is in writing and provides the full 10-day period required by the statute. If a landlord attempts to recover possession without having issued proper written notice, that procedural deficiency may be relevant in an unlawful detainer proceeding. Tenants who have questions about whether a notice complies with § 35-9-5 may wish to consult a tenant-rights organization or legal aid office for general information about their options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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