Disputing a Landlord's Cure Notice Over Painting and Parking
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
The landlord provided me a 7 day cure notice for painting the kitchen with permission, and then the about the vehicle in the driveway being cited as blocked ingress and egress even though there’s plenty of room for two more cars and it doesn’t obstruct any walkways or entry points. There’s no clause in the lease stating I cannot have the truck fixing in the driveway it only states it cannot block ingress or egress.
This is the clause being cited in the 7 day cure.
Attorney Answer
You have strong defenses to both claimed violations, and the notice itself may not meet Alabama's timing requirements.
Under Alabama's Uniform Residential Landlord and Tenant Act, Ala. Code § 35-9A-421, a lease-violation cure notice must set a termination date that is not less than seven business days after you receive it. If your landlord counted seven calendar days instead of seven business days, the notice may be defective and the clock may not run as claimed — worth checking closely against the date you actually received it.
On the substance: painting the kitchen with permission is a defense to a cure notice, since there is nothing to "cure" if the work was authorized. As for the truck, you've described the lease as restricting only blocking of ingress or egress — not vehicle presence generally — and a landlord cannot enforce a restriction that isn't actually written into the lease.
What you can do:
1. Photograph everything now: the painted kitchen, and the truck showing clear, unobstructed walkways and entry points.
2. Gather any written or text proof that permission was given for the painting.
3. Respond to the notice in writing before the cure period ends, attaching your proof on both issues.
4. Keep copies of the notice itself and all communications with the landlord.
⏱ Time limits apply. Cure windows under Alabama law are short and strictly enforced. Have a local attorney review your specific notice and lease promptly, before the cure period ends.
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Frequently Asked Questions
Can a landlord issue a cure notice for something the tenant had permission to do?
Generally no; if the tenant had documented permission for the alteration, that permission is typically a defense to a related cure notice.
Can a landlord enforce a lease restriction that isn't actually written in the lease?
Generally, landlords can only enforce terms that appear in the signed lease; restrictions not included in the lease are typically unenforceable.
How much time must a tenant be given to fix a lease violation?
Many states require a minimum notice period, often measured in business days, before a lease can be terminated for an uncured violation, and counting errors can make a notice invalid.
