Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-441
Periodic Tenancy; Holdover Remedies.
Operative Text
(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. (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. (c) If a tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord may also recover an amount equal to not more than three month’s periodic rent or the actual damages sustained by the landlord, whichever is greater, and reasonable attorney’s fees. If the landlord consents to the tenant’s continued occupancy, subsection (d) of Section 35-9A-161 applies.
Under Alabama Code § 35-9A-441, periodic tenancies can be ended by either party through written notice — at least seven days in advance for week-to-week arrangements and at least 30 days before the next rental date for month-to-month arrangements. If a tenant stays in the unit after the tenancy has ended without the landlord's consent, the landlord has the right to pursue a legal action for possession of the property. When that holdover is found to be willful and in bad faith, the landlord may also recover the greater of up to three months' periodic rent or actual damages, plus reasonable attorney's fees.
Plain English — not legal advice.
Under § 35-9A-441, compliant operators generally document all termination notices in writing and ensure they are delivered within the required timeframes — seven days for week-to-week tenancies and 30 days before the next rental date for month-to-month tenancies. When a tenant remains after a tenancy has ended without consent, operators typically pursue a formal action for possession through the appropriate court. Where the holdover is willful and in bad faith, § 35-9A-441(c) allows recovery of the greater of up to three months' periodic rent or actual damages, along with reasonable attorney's fees, making proper documentation of the tenancy's end date and any unauthorized continued occupancy an important operational practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 35-9A-441 gives tenants the same right as landlords to end a periodic tenancy by providing written notice — seven days for week-to-week tenancies and 30 days before the next rental date for month-to-month tenancies. Tenants who remain in a unit after a tenancy ends should be aware that doing so without the landlord's consent, particularly in a manner deemed willful and not in good faith, can expose them to a court action for possession and significant financial liability under § 35-9A-441(c). Tenants with questions about notice requirements, holdover situations, or their rights under this provision may find it helpful to consult a tenant-rights organization or legal aid service familiar with Alabama landlord-tenant law.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation