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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.

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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