Alabama Condo conversion protections

Condo conversion protections in Alabama

Under Ala. Code § 35-8A-412, a declarant of a condominium that contains conversion buildings, and any person in the business of selling real estate for his or her own account who intends to offer units in that condominium, must give each residential tenant and any residential subtenant in possession notice of the conversion no later than 60 days before those persons are required to vacate. A conversion building is a building that, at any time before creation of the condominium, was occupied wholly or partly by persons other than purchasers and persons who occupy with the purchasers' consent. The notice must set forth generally the rights of tenants and subtenants under § 35-8A-412 and must be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate on less than 60 days' notice, except for nonpayment of rent, waste, or conduct that disturbs other tenants' peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period. Failure to give the required notice is a defense to an action for possession. If a notice of conversion specifies a date by which a unit or proposed unit must be vacated and otherwise complies with Chapter 9A, it also constitutes a notice to terminate under that chapter. Nothing in § 35-8A-412 permits termination of a lease by a declarant in violation of the lease terms. Section 35-8A-406 requires extra statements in the offering statement for a conversion building. That is a purchaser-disclosure rule and is not a tenant purchase right; it is not summarized here as a tenant protection. Example: a residential tenant still in possession cannot be required to leave on 30 days' notice solely because of the conversion. The declarant must give at least 60 days' notice, unless the tenant has failed to pay rent, committed waste, or engaged in conduct that disturbs other tenants' peaceful enjoyment of the premises.

Verified Source: Ala. Code §§ 35-8A-103(8), 35-8A-406, 35-8A-412 · last checked 2026-11-12