Residential Rental Agreement Page 6
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20. ABSENCE, NON-USE AND ABANDONMENT: The unexplained absence of a Tenant from a
dwelling unit for a period of 15 days after default in the payment of rent must be construed as
abandonment of the dwelling unit. If the Tenant abandons the dwelling unit for a term beginning before
the expiration of the rental agreement, it terminates as of the date of the new tenancy, subject to the
other Landlord's remedies. If the Landlord fails to use reasonable efforts to rent the dwelling unit at a
fair rental or if the Landlord accepts the abandonment as a surrender, the rental agreement is
considered to be terminated by the Landlord as of the date the Landlord has notice of the
abandonment. When a dwelling unit has been abandoned or the rental agreement has come to an end
and the Tenant has removed a substantial portion of personal property or voluntarily and permanently
terminated the utilities and has left personal property in the dwelling unit or on the premises, the
Landlord may enter the dwelling unit, using forcible entry if required, and dispose of the property.
21. SECURITY DEPOSIT: Tenant agrees to deposit with Landlord a security
deposit of $_______________ to be held as security for the full and faithful performance by the Tenant
of all terms and conditions herein, it being understood and agreed to that no part of this deposit is to be
applied to any rent which may become due under this rental agreement.
Upon termination of the tenancy, property or money held by the Landlord as security may be applied to
the payment of accrued rent and the amount of loss of rents or damages which the Landlord has
suffered by reason of the Tenant's noncompliance with this lease and the Alabama Uniform Residential
Landlord and Tenant Act. Any deduction from the security deposit must be itemized by the Landlord in
a written notice of the Tenant together with the amount due, if any, within 35 days after termination of
the tenancy and delivery of possession and demand by the Tenant, whichever is later. This obligation is
met when the landlord mails the portion of the deposit owed and/or the written notice within 35 days by
first class mail or better. The Tenant shall provide the Landlord in writing with a forwarding address or
new address to which the written notice and amount due from the Landlord may be sent.
22. NONCOMPLIANCE WITH RENTAL AGREEMENT OR FAILURE TO PAY RENT: If there is
a noncompliance by the Tenant with the rental agreement other than nonpayment of rent or a
noncompliance with Paragraph 12 above, the Landlord may deliver a written notice to the Tenant
specifying the acts and omissions constituting the breach and that the rental agreement will terminate
upon a date not less than 14 days after receipt of the notice, if the breach is not remedied in 14 days.
The rental agreement shall terminate as provided in the notice except that: If the breach is
remediable by repairs or otherwise and the Tenant adequately remedies the breach before the date
specified in the notice, or if such remedy cannot be completed within 14 days, but is commenced within
the 14-day period and is pursued in good faith to completion within a reasonable time, the rental
agreement shall not terminate by reason of the breach.
If rent is unpaid when due and the Tenant fails to pay rent within five days from the date due,
the Landlord may terminate the rental agreement provided the landlord has given the Tenant written
notice of nonpayment and Landlord's intention to terminate the rental agreement. If the rent is not paid
within that period, said notice is contained herein Paragraph 5.
The Landlord may recover actual damages and obtain injunctive relief in district or circuit court
without posting bond for any noncompliance by the Tenant with the rental agreement or Paragraph 12
above.
If there is noncompliance by the Tenant with Paragraph 12 above, materially affecting health
and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the Tenant
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FORM 401 – Residential Lease – Long Version
Last Updated: 12-11-2006
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