QUESTION
Can a landlord send you a letter to terminate your lease, if you have not been given any written violations?
Asked on Apr 30th, 2011 on Real Estate - Alabama
More details to this question:
I received a notice to terminate my lease stating that I had violated my lease 3 times. I was never given any written warnings stating that I was in violation, nor was I given the opportunity to correct my violation. I have checked the tenant laws in Alabama and it states that she has to give me written notice every time I violate and that I have so many days to correct the violation. I would like to know if she has the legal right to terminate my lease if I was never given any written notice of my violations?
1 ANSWER
Real Estate Law Attorney serving Anniston, AL
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Isom Stanko & Senter, LLC
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You do not state what the alleged violations were, or whether you knew at the time that you had violated the lease terms. The specific breaches might be of importance in forming a proper opinion as to your status.
Ordinarily, if a tenant fails to comply with material requirements of the lease agreement, the landlord may deliver a written notice to terminate the lease. Such notice should identify the acts or omissions complained of and state that the lease will terminate on a specified date unless the breach is corrected within 14 days. after receipt of the notice. If the breach is remedied, the lease agreement is not terminated.
It is my opinion that, if your landlord is attempting to terminate the lease without such notice and opportunity to correct the breach, you should confer with a competent real estate attorney in your community.
Answered on Nov 22nd, 2011 at 9:36 PM