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Alabama month-to-month lease agreement
Written for Alabama law, checked October 1, 2026 General information, not legal advice
- Put the terms in writing
- Each month renews the term
- Agree on how to give notice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
Alabama rules that apply
- Ending a month-to-month tenancy
- 30 days
- written notice before the periodic rental date it names
- Ala. Code § 35-9A-441(b)
- Rent increase notice
- No state rule
- the Act sets no notice period or limit
- Ala. Code §§ 35-9A-101 to 35-9A-603
Ending a month-to-month tenancy
Either you or the tenant may end a month-to-month tenancy by written notice given at least 30 days before the periodic rental date named in the notice, and a week-to-week tenancy by written notice given at least seven days before the termination date. Unless the lease fixes a definite term, a tenancy is week to week when the tenant pays weekly rent and month to month otherwise (Ala. Code § 35-9A-441(a), (b); Ala. Code § 35-9A-161(d)).
More detail (3)
- Because a month-to-month notice must end on a periodic rental date, for rent due on the 1st a notice delivered on September 10 can end the tenancy no earlier than November 1 (Ala. Code § 35-9A-441(b)).
- If a tenant stays after the tenancy ends without your consent, you may bring an action for possession, and for a willful holdover not in good faith you may also recover up to three months' periodic rent or your actual damages, whichever is greater, and reasonable attorney's fees (Ala. Code § 35-9A-441(c)).
- If you consent to the tenant staying on, the tenancy becomes week to week or month to month (Ala. Code § 35-9A-441(c); Ala. Code § 35-9A-161(d)).
The Rentari Alabama lease requires written notice at least 30 days before the periodic rental date for month-to-month and at least seven days for week-to-week.
Rent increase notice
Not set by statuteThe Act sets no notice period and no limit for a rent increase. During a fixed term the rent is what the lease says; for a periodic tenancy the Act sets only the written notice needed to end the tenancy, not a notice for an increase (Ala. Code §§ 35-9A-101 to 35-9A-603; Ala. Code § 35-9A-441(a), (b)).
More detail (3)
- A month-to-month tenancy ends on written notice given at least 30 days before the periodic rental date named in the notice (Ala. Code § 35-9A-441(b)).See Ending a month-to-month tenancy on the Alabama page
- You may not discriminatorily increase rent to retaliate against a tenant for a protected complaint or for joining a tenants' union (Ala. Code § 35-9A-501(a)).See Retaliation on the Alabama page
- Cities and counties may not adopt their own landlord and tenant ordinances, so no local rent limit applies (Ala. Code § 35-9A-121).See Rent control and local rules on the Alabama page