When default is made in any of the terms of a lease, it shall not be necessary to give more than 10 days’ notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease; which notice may be substantially in the following form:
“To A. B.:
You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being (here describe the premises), I have elected to terminate your lease, and you are hereby notifed to quit and deliver up possession of the same to me within 10 days of this date. Dated this _____ day of _____” To be signed by the lessor or his agent; and no other notice or demand of possession or termination of such tenancy shall be necessary to maintain unlawful detainer.
(Code 1923, §8823; Code 1940, T. 31, §6.)
Notes of Decisions
Cited in
5
cases, 1980–2008 · 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).
· cites it 26× “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.”
In Re Morgan, 181 B.R. 579 (Bankr. N.D. Ala. 1994).
· cites it 2× “Ala.Code 1975, § 35-9-6. If no time period is otherwise specified in the lease, the termination of the lease becomes effective 10 days following the delivery of the notice to quit.”
Darby v. Schley, 8 So. 3d 1011 (Ala. Civ. App. 2008).
“On September 20, 2006, Schley moved the Shelby District Court to dismiss Darby’s unlawful-detainer action on the grounds (1) that Schley allegedly owned an ownership interest in the property pursuant to a lease-purchase agreement between the parties, (2) that Darby allegedly had…”
King v. Hous. Auth. Etc., 496 F. Supp. 800 (N.D. Ala. 1980).
“It is stipulated, however, that plaintiff or her attorney has been afforded an opportunity to view all relevant regulations, documents, and records relating to the plaintiff’s termination. On June 27,1979, Wallace mailed a written demand for plaintiff to quit and deliver up…”
Simpson v. Greater Gadsden Hous. Auth., 606 So. 2d 1148 (Ala. Civ. App. 1992).
“Section 35-9-6, Code 1975, provides that a 10-day notice be given and that no other notice or demand shall be necessary to bring an action to maintain an unlawful detainer action.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.