Alabama Tenant Default Notices

I’m getting word that SOME Alabama judges are requiring that tenant default notices specifically say the tenant has seven business days to cure, not just seven days. Under 2018 amendments to ARLTA, the notice period is now seven business days instead of the former seven calendar days. The law does not require you to say "business days" in the notice. On the other hand, judges hold the power. If one of them kicks out your eviction lawsuit because you haven’t given THEIR preferred notice, you can certainly appeal. But, then it will cost you even more delays, lots of money in legal fees, AND a judge who is irritated with you. Who needs that grief?

Please make life easier on yourself, and revise default notices to say something like the following:

You are in default under your lease for the following specific matter(s): ….

You have seven business days from receipt of this letter to cure the default by …. [if it is payment of a certain sum of money, itemized the amounts and the total. If something else, like an illegal pet, then be specific, such as “permanently remove the pet from the leased property.”]

As you know, I always recommend sending default notices by MANY different routes, such as posting on door, regular mail, certified mail, text message and email. That way, it is really difficult for a tenant to say, with a straight face, that they never received the notice or that they received it two weeks later than the date on the notice.

And so, the Call to Action is...

Make a simple change to your default notices right now, and avoid possible heartburn in the future!