§ 35-9A-441 — Periodic Tenancy; Holdover Remedies

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days before the periodic rental date specified in the notice.
(c) If a tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord may also recover an amount equal to not more than three month’s periodic rent or the actual damages sustained by the landlord, whichever is greater, and reasonable attorney’s fees. If the landlord consents to the tenant’s continued occupancy, subsection (d) of Section 35-9A-161 applies.

Legislative History

(Act 2006-316, p. 668, §1.)