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Alabama Notice to Tenants of Intent to Sell

Alabama requires at least two days' notice before a landlord may enter to show a rental to prospective buyers under Code Section 35-9A-303, and ending a month-to-month tenancy takes at least 30 days' written notice under Section 35-9A-441. Our AI builds a compliant Alabama Notice of Intent to Sell in minutes, and attorney-review available before you deliver it means a lawyer can check your dates and delivery method first.

Introduction

Finding out your landlord is selling your home can feel unsettling, but in Alabama, the law provides clear protections for tenants. Your lease doesn't just disappear. State law ensures a smooth and predictable process, requiring landlords to give you specific notice before showings and clarifying that your lease agreement remains valid with the new owner. Alabama Code Section 35-9A-303 sets a two-day notice minimum for entry, and Section 35-9A-441 protects month-to-month tenants with a 30-day notice requirement for termination. This guide explains your rights and what to expect, step by step.

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Key Things to Know

  1. 1

    Thinking of selling? Alabama law requires you to give tenants at least two days' advance notice before entering their home to show it to potential buyers (Alabama Code Section 35-9A-303).

  2. 2

    Great news for tenants: your current lease agreement doesn't end just because the property is sold. The new owner inherits your lease and must honor its terms.

  3. 3

    If you're on a month-to-month lease, it can still be ended, but not without proper warning. Alabama law (Section 35-9A-441) requires a separate, 30-day written notice before your next rent due date.

  4. 4

    The state of Alabama does not have a one-size-fits-all official form for this notice. A clear, written letter that covers all the key points is what's needed.

  5. 5

    While you must allow reasonable access for showings after getting proper notice, your landlord can't use it as an excuse to bother you. The law protects you from harassment or abuse of their entry rights.

  6. 6

    Worried about your security deposit? It's protected. When the property sells, the deposit is legally transferred to the new owner, who then becomes responsible for returning it to you.

  7. 7

    For sale-related showings, Alabama law works best when the landlord and tenant have a separate, signed general access notice and the landlord is present with the potential buyer during the visit.

Key decisions before you file

Before you file a Notice to Tenants of Intent to Sell in Alabama, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.

Open the Notice to Tenants of Intent to Sell guide

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A Friendly Heads-Up: We're Planning to Sell Your Rented Home in Alabama

Date: ____________________

To our valued tenant(s): ____________________

Regarding the property at: ____________________

From your landlord/property manager: ____________________

1. What This Letter is All About

Hello! We're writing to let you know that we've decided to put the property you call home on the market for sale. We want to be upfront and make this process as smooth as possible for you. Please know this is simply an informational notice. It is not an eviction notice, and it does not change the terms of your current lease agreement. Our goal is to work with you and respect your privacy while we find a new owner.

2. Good News: Your Lease is Still Valid

In Alabama, your lease rights are protected even when a property changes hands. A sale does not automatically end your tenancy. The new owner simply steps into our shoes as your new landlord and must honor the terms of your existing rental agreement.

  • For Fixed-Term Leases: If you have a lease with a specific end date, you have the full right to stay until that date.
  • For Month-to-Month Tenancies: Your agreement continues as normal. If the new owner (or we) should decide to end the tenancy, a separate, formal written notice is required. Per Alabama Code Section 35-9A-441, this notice must be provided at least 30 days before the next rent payment is due.

3. How Showings Will Work

To sell the home, we will need to show it to people who are interested in buying it. Your comfort and privacy are important, and we will follow Alabama law closely. According to Alabama Code Section 35-9A-303, we will always give you at least two (2) days' advance written notice before anyone enters your home. These visits will only be scheduled at reasonable times, usually within standard business hours (like 9 AM to 6 PM on weekdays), unless we find another time that works better for both of us. We ask for your cooperation, as you cannot unreasonably refuse entry for a properly scheduled showing.

Let us know what days/times are generally best for you: ____________________

4. Keeping the Home Presentable

We would greatly appreciate your help in keeping the home tidy for these scheduled showings. It makes a huge difference! Also, for everyone's safety, please make sure any pets are secured during the appointment times we schedule with you.

5. What Happens to Your Security Deposit?

Your security deposit is safe. Once the sale is complete, your deposit will be legally transferred to the new owner. They will then be responsible for managing it and returning it to you at the end of your tenancy, according to the terms of your lease and state law. We will provide you with the new owner's contact information after the sale closes.

6. A Note on Rent Payments

Landlord/Agent Signature: ____________________

Tenant Signature (acknowledging receipt, optional): ____________________

Disclaimer: This is a general template and does not constitute legal advice. Alabama does not provide an official state form for this purpose. We recommend having an attorney review your final document before sending it.

Learn more and generate your document at (/legal-document/notice-to-tenants-of-intent-to-sell).

Alabama Requirements for Notice to Tenants of Intent to Sell

Minimum Two-Day Entry Notice

Landlords must provide tenants with at least two days' written notice before entering to show the property to prospective buyers, as required by Alabama Code Section 35-9A-303. Entry must be at reasonable times.

Separate Signed Access Notice for Showings

For sale-related showings, Section 35-9A-303 anticipates a separate, general access notice signed by the tenant within four months of the lease's expiration. The landlord should enter only when accompanied by the prospective buyer.

30-Day Notice for Month-to-Month Termination

To terminate a month-to-month tenancy, a separate written notice must be given at least 30 days before the next periodic rental date, per Section 35-9A-441. The notice of sale itself does not terminate the lease.

Written, Not State-Prescribed, Format

Alabama does not provide an official state form for this notice. A clear, written document detailing the intent to sell, property access rules, and lease continuity is sufficient.

Lease Survives Property Sale

A property sale does not terminate an existing lease. The buyer becomes the new landlord and is bound by the terms of the original rental agreement until it expires.

Provable Delivery Method

While no specific method is mandated, landlords should use a provable delivery method like hand-delivery with a signed receipt, certified mail, or another documented means to create a clear record.

Reasonable Access and Conduct

Tenants may not unreasonably deny access for properly noticed showings. Correspondingly, landlords may not abuse the right of access or use it to harass tenants, as outlined in Section 35-9A-303.

Security Deposit Transfer to New Owner

At closing, the security deposit must be transferred to the new owner, who then assumes all legal obligations for it. The tenant should be notified of this transfer in writing.

Frequently Asked Questions

Two days' written notice is the Alabama minimum (Ala. Code § 35-9A-303) before I enter to show my unit to buyers, and the entry has to happen at a reasonable hour unless my tenant and I arrange otherwise.

No. A sale never cuts a fixed-term lease short in Alabama; the buyer steps into my role, and the tenant's rent, term, and rights all carry through to the original expiration date.

Alabama publishes no official form for this notice, so I draft my own. It needs to state my intent to sell and spell out how showings get scheduled under the two-day entry rule.

As long as I gave the two days' notice and pick a reasonable time, my tenant can't unreasonably block a showing under § 35-9A-303. In return, I can't schedule so many that it turns into harassment.

Thirty days' written notice ends a month-to-month tenancy in Alabama (Ala. Code § 35-9A-441), and either the buyer or I must serve it. The sale on its own terminates nothing.

State plainly that I intend to sell the property, then explain how showings will be arranged so my tenant knows when to expect visits. I also reassure my tenant that any current fixed-term lease remains fully in force, and its terms carry over unchanged even after the property changes hands.

Deliver it by a method that proves my tenant actually received it. Hand-delivery works well, as does certified mail with a return receipt, or whatever delivery approach the written lease specifically authorizes. Keeping that confirmation matters if questions about notice ever come up later.

Transfer the deposit to the buyer when the sale finalizes, since it passes from me as the current owner to the new owner at that point. Once ownership shifts, the new owner takes on responsibility for holding those funds and returning them to my tenant when the tenancy eventually ends.