Alabama Non-Curable Defaults

[Denise Evans]

Although Alabama has a seven day "notice and opportunity to cure" requirement for residential properties, you do not always have to allow the "opportunity to cure."

If a tenant has been in default four times within the prior twelve months, then you do  not have to allow them to cure default #5. You can simply give them a seven day notice of termination and order to vacate the premises.  If they do not vacate, you can file your eviction lawsuit on Day Eight.

The other non-curable defaults are material fraud in the rental application or lease, presence of illegal drugs on the premises (it does not matter WHO they belong to) and authorized assault or use of firearm. There are a stunning number of circumstances in which assault or firearms are authorized in Alabama, so be careful on those last two.

The day of the triggering event is Day 0.  All days are calendar days.  If the last day is a weekend or holiday, then Day 7 is the next day on which the courts are open.  Tenants have until midnight on Day 7 to do whatever they are required to do.