Code of Alabama
Ala. Code § 35-9-3 (2026)
Duration of Tenancy When Time for Termination Not Specified - Generally.
✓ official Alabama Legislature (ALISON) text, current July 2026
Where no time is specified for the termination of tenancy, the law construes it to be from December 1 to December 1 but if it is expressly a tenancy at will, then either party may terminate it at will, by 10 days’ notice in writing.
(Code 1907, §4732; Code 1923, §8797; Acts 1935, No. 94, p. 158; Code 1940, T. 31, §3.)
Notes of Decisions
Cited in 2
cases, 1987–2003 · leading case: In Re Moore, 290 B.R. 851 (Bankr. N.D. Ala. 2003).
In Re Moore, 290 B.R. 851 (Bankr. N.D. Ala. 2003). “One of the statutory classes is for leases for tenancies at will, or for which no time is specified for the end of the tenancy, Ala.Code § 35-9-3 (1991), a second is for leases with a month to month term or for a term of less than one year, Ala.”
Womack v. Hyche, 503 So. 2d 832 (Ala. 1987). “Ala.Code 1975, § 35-9-3, requires either party to a tenancy at will, in order to terminate the tenancy, to give 10 days' notice in writing to the other party.”
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