Alabama Residential Lease Agreement

Required Landlord Disclosures (2)

Disclosures are an essential part of the lease-signing process. Landlords legally must inform tenants about certain aspects of a rental unit, and these disclosures vary significantly from state to state. Alabama landlords must disclose the following to tenants:

1. Lead paint: Landlords must inform tenants of any known lead-based paint or lead-based paint hazards in all units built before 1978. It’s the only federally required disclosure.

2. Landlord/agent name and address: Landlords must disclose their name and address in writing or the person authorized to manage the property (Ala. Code § 35-9A-202).

Security Deposit Regulations

Maximum security deposit amount: Alabama landlords can collect a maximum security deposit of one month’s rent, excluding pet deposits or additional deposits for increased liability risks (Ala. Code § 35-9A-201(a)).

Receipt of deposit: Landlords in Alabama aren’t required to provide a deposit receipt to their tenants. However, it’s best practice to include one to avoid confusion or miscommunication.

Interest: Alabama landlords do not have to pay interest to tenants on security deposits.

Deduction tracking: Landlords may withhold funds from the security deposit for any unpaid rent or repairs due to tenant damage. To do so, they must include a complete, itemized list of deductions to the tenant (Ala. Code § 35-9A-201(b-c)).

Returning a tenant’s security deposit: Deposits must be returned within 60 days of the tenant moving out. If the landlord fails to return the deposit within 60 days and does not inform the tenant that they’re withholding a portion for repairs, the tenant may be entitled to receive double the deposit amount. (Ala. Code § 35-9A-201(b)).

Landlord’s Access to Property

Advance notice: Alabama landlords must give at least 2 days’ notice before entering a tenant’s unit. They can only enter at “reasonable” times (Ala. Code § 35-9A-303(c)).

Immediate access: Landlords may access a property immediately only in cases of emergency. (Ala. Code § 35-9A-303(b)(1)).

Landlord harassment: Landlords are not allowed to enter a property continually or without giving proper notice, and if they do, the tenant may be able to obtain injunctive relief to stop the behavior or, potentially, terminate the lease (Ala. Code § 35-9A-442(b)).

Rent Payment Laws

Grace period: There is no grace period for rent as defined by Alabama law; therefore, it is not necessary to include this term in the Alabama lease agreement.

Late rent fees: There is no limit on fees for late rent; however, the rental agreement should clearly outline this information.

Tenant’s right to withhold rent: Tenants may not withhold rent for any reason in Alabama, including for unmade repairs (Ala. Code § 35-9A-164).

Breach of Rental Agreement

Missed rent payment: Alabama landlords may issue a 7-day notice to pay or quit at any point after the first missed rent payment (Ala. Code § 35-9A-421(b)).

Lease violation: The landlord must provide a 7-day written notice to cure or quit for lease violations. If a tenant commits the same lease violation more than once in a 12-month period, the landlord does not need to give the tenant a second chance to cure the violation (Ala. Code § 35-9A-421(d)).

Self-help evictions: Self-help evictions are not legal in Alabama, and landlords should never attempt them. Always follow the legal eviction process.

Lease abandonment: If the tenant abandons the property for 14 days and there are clear signs indicating that they have no intention of returning, the landlord may consider the property abandoned. Alabama landlords must reasonably attempt to re-rent the property, but can also attempt to recover lost rent from the time the tenant left until the unit is re-rented (Alabama Uniform Residential Landlord and Tenant Act).

Ending a Lease

Month-to-month: Alabama landlords must provide tenants with at least 30 days’ written notice when they intend not to renew a month-to-month lease (Ala. Code § 35-9A-441(b)).

Fixed-term: For a tenant to legally end a lease early and without penalty, they must show a qualifying condition. These conditions include entering active military duty, uninhabitable conditions, and landlord harassment (Ala. Code § 35-9A-442(b)).

Property abandonment: Landlords must give the tenant 14 days after the lease ends to recover left-behind property in the rental unit. After 14 days, the landlord may dispose of the property without obligation (Ala. Code § 35-9A-423(d)).

Renewing a Lease

Required renewals: Landlords are not obligated to renew a tenant’s lease when the rental period ends. However, they must provide proper notice of their intent not to renew (Alabama Uniform Residential Landlord and Tenant Act).

Required notice: For month-to-month and yearly leases, the landlord must provide written notice at least 30 days before stating their intent not to renew the lease (Ala. Code § 35-9A-441).

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.