Statutes on the Termination of a Lease for a Service Member in Alabama
The Alabama Uniform Residential Landlord and Tenant Act covers all residential lease transactions in the state. Under the act, tenants can terminate their leases with their landlords by providing written notice -- but only when their leases allow for premature terminations. Absent cause, Alabama law allows landlords to charge their tenants for unpaid rent if they prematurely terminate their leases. However, the federal Service Members' Civil Relief Act provides an exception to the general termination rule.
Alabama Landlord and Tenant Act Overview
Alabama landlords can enter into written or oral leases with their tenants; but if they use oral leases, their tenancies cannot extend beyond one year. The act requires that all landlords provide their tenants with a written disclosure notice notifying them of the names and addresses of their landlords and property managers, if any. Absent any early termination rights, tenants may be able to terminate their leases with a 14-day written notice if their landlords breach their duties to provide necessary repairs or habitable living conditions.
Service Members' Civil Relief Act
The Service Members' Civil Relief Act is codified in Title 50, Section 535, of the United States Code. The act allows active duty tenants to terminate their leases if they receive deployment or permanent station change orders that last at least 90 days. National Guard members and Military Reservists can also terminate their leases if they have to report to duty or be reactivated. Although the Service Members' Relief Act primarily covers residential lease agreements, it also applies to any similar agreements, including gym memberships, professional business leases, vehicle leases and agricultural leases.
Termination Procedures
To terminate a residential lease agreement, service member tenants are required to deliver a written termination notice to their landlords and deliver a copy of their active deployment or permanent station orders. Tenants must deliver this notice by certified mail, by private carrier, by hand or by any other method of mail delivery showing proof of delivery and receipt. In Alabama, service members must deliver their notification letters to their landlords at their permanent addresses listed in their residential leases or provided in separate writings.
Security Deposits
The Alabama Uniform Residential Landlord and Tenant Act requires landlords to return their tenants' security deposits within 35 days after they terminate their leases or move out. Alabama law allows landlords to keep a tenant's security deposit to cover damages, unpaid rent and utilities with a written itemization detailing the amounts they withheld within 35 days of moving out. Tenants, including service members, who fail to provide a valid forwarding address, forfeit their deposits after 180 days.
Termination Without Valid Cause
Tenants who terminate their leases without cause are liable for rent during the remainder of their leases. Service members who terminate their leases without an active deployment order or permanent station change are also liable for their remaining rent payments. Landlords have a duty to engage in reasonable attempts to re-rent their homes; but if they are unable to re-rent them for the entire remaining lease term, they can charge their tenants for remaining rent.
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