Free form for Nonrenewal of Lease due to tenant not staying on property

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Destiny19692006

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I live in Alabama

We have a Tenant that has not renewed her lease, she doesn't even live there any longer, she comes and goes and lets her son and his girlfriend stay there, so I kind of look at it that she has abondened the property. Her son is not on the lease and my father had problems with him when he lived on the property in his mobile home. We had a hard time getting him off the property and he is very arrongent... so bad that even the tenant asked us to help her get him to leave. We couldn't because of by law he is a guest in her home, therefore he resides with her.
So, how do we go about getting her off the property, she owns the Mobile Home, we rent the lots. She does pay the rent, but doesn't reside there, she stays at her brothers home.
Is there any form we can use to let her know we are not renewing the lease, and are asking her to remove her mobile home from the property. How much notice does she need? Is it 10 days in Alabama?
Also, she was asked to meet with us to renew the lease a while back, back at the end of Oct. because we put in new waterlines on the property and they are now on their own starting December 1st and they have to have a new lease to get the water turned on...so if they do not, do we still have to provide them with the service of water, considering she never met to have this new lease signed, but was informed of this change?
He has caused us alot of problems and not abiding by the rules, we would keep the tenant if it were just her.
 
In her lease it doesn't say so much about her vistors, I reread it because my dad had made the lease agreement up, and since he had passed away. It does say after one year it is a month to month rental.

It does say all persons living in the mobile home must be registered with the lessor.

In the rules that is being violated is that they are not supposed to have a boat or pull trailer on the premises, though, because of one of the other tenants having one because that is part of his business, a boat being that, the law says that if you allow one tenant that, the other tenant is allowed the same.

Now the camper, pull trailer was not allowed, and is in the lease, now here is the thing, my father had scratched through hers, about the parking of boats, and trailers, campers, etc. and signed it, puting his initials beside that part.
We asked in a written letter for it to be removed off the property, but the guest refused. His being that he can have it there because dad signed off on it in the lease. Same with the boat. This guy is a bum and does not work, He is in his 30's and shows his self as being very arrongent as I stated before.

Now on the duration and Renewal, it states that that Upon exeration of the aforementioned primary term and each successive term, this Rental Agreement shall be automatically renewed on a month to month basis unless either party hereto gives written notice to the other 30 days before the expiration of the primary or successive term of their intention to terminate the Rental Agreement.

The point is, we want him off the premises and we know if we renew her lease, she will continue to allow him to stay there and she will continue to live at her brothers, because she has admitted to us he becomes violent to her, and she can't live there with him, but he will not leave her home and she will not kick him out or have him removed by the police as she has stated to us, she is afraid of what he will do to her.
I don't want to get involved in their disputes, I just want them off the property.

Personally, I think she is just too kind hearted and this is why she allows him to live there, while she stays at her brothers.
 
The other thing, they were supposed to have the water services put in their name with a renwal lease by Dec 1, 2008, she never met up with us to renew lease, so do we have to have the water turned on in our name until the 30 days is up and then can we shut it off if she has not moved her home and stays on the property?
 
Seems to me you have a number of ways of getting this tenant out. Run all this by an Attorney. The easiest means would be "notice to vacate" since there is no lease and its month to month a simple 30 or 60 day notice to vacate should suffice
 
Can we give a 10 day notice, or in the state of Alabama does it have to be a 30 day notice since it has gone into a month to month lease? My mother was asking this question?
 
"Notices to vacate" are normally for one full rental period or in some states two in tenant has resided in dwelling over one or two years. I dont see how a 10 day notice would apply. Now in cases of nonpayment of rent a 3 day or whatever your states says pay rent or quit could apply.
 
I did find the following however this applies to nonpayment of rent


Amount of time tenant has to pay rent or quit
7 days
Ala. Code § 35-9A-421(a), (d)

Amount of time tenant has to cure a violation or quit
14 days
Ala. Code § 35-9A-421(a)
Click to expand...
 
Thanks so much for all the help... I never knew what was involved when it comes to renting... This was alot of help, and I guess I better brush up on the laws since dad has passed, and I am to takkeover the rentals for mom, because of her health as well. I am going to start another thread, so if you will give me any input on ... How do you screen the right tenant? Please let me know. Thank You once again for all the information.
 
Check any other complex or rental community for their paperwork and take what you want from theirs. Also wait for reply from "Gail in Georgia" she is very knowledgable in such matters. Suggest credit checks and rental history as must!
 
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