Alabama Month-to-Month Rental Agreement
Alabama month-to-month lease agreements are rental agreements without a fixed end date. Thus, it offers landlords and tenants a flexible rental arrangement.
Month-to-month leases can be practical over the short or long term, depending on the needs of the landlord and tenant. These agreements create a tenancy-at-will that landlords or tenants can terminate at any point by providing proper notice to the other party.
In this guide, we’ll review month-to-month lease agreements in Alabama, compare them to fixed-term Alabama leases, and cover relevant landlord-tenant law.
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Alabama Month-to-Month Lease Laws
Since this guide focuses on how an Alabama month-to-month lease agreement works according to state landlord-tenant law and how they differ from a fixed-term lease, we’ll dive into some critical topics relevant to landlords and tenants.
These topics include:
- State-mandated disclosures
- How to terminate an Alabama month-to-month lease agreement
- How to increase rent for month-to-month rental agreements
- Alabama eviction procedures
- Security deposit laws
- Pet deposits and pet rent
- Late fees for missed rent payments
Required Landlord Disclosures (2)
When tenants sign a new lease, landlord-tenant laws typically require the landlord to provide important information about the rental property in a disclosure. The requirements for these disclosures vary from state to state.
Alabama landlords must disclose:
- Lead paint: Federal law requires landlords to inform tenants about lead-based paint or lead-based paint hazards for any property constructed before 1978.
- Landlord contact information: Alabama landlords must list the name and address of the property owner or agent authorized to manage the rental unit (Ala. Code § 35-9A-202).
Note: TurboTenant includes these disclosures with every lease agreement.
Required Notice to Terminate Month-to-Month Agreement
Since fixed-term leases naturally expire at the end of the stated term, landlords or tenants must terminate month-to-month rental agreements with notice.
Required notice for landlord: 30 days’ written notice (Ala. Code § 35-9A-441).
Required notice for tenant: 30 days’ written notice (Ala. Code § 35-9A-441).
Rent Increase Laws
Alabama landlord-tenant law regulates rent increases. It stipulates that landlords cannot increase the rent on a fixed-term lease until it expires. However, month-to-month leases provide landlords with additional flexibility. They allow landlords to raise the rent at any point as long as they give the tenant 30 days’ written notice.
Additionally, Alabama has no rent control or stabilization laws on the books, meaning landlords can raise the rent as much as they’d like.
Rent Payment Laws
Grace period: Alabama does not mandate a grace period for late rent payments.
Late rent fees: There is no state-mandated limit on late fees in Alabama.
Tenant’s right to withhold rent: Alabama law does not allow tenants to withhold rent for any reason, including repairs or outstanding maintenance (Ala. Code § 35-9A-164).
Pet rent laws: Landlords can charge whatever amount they want for pet rent.
Security Deposit Rules
Maximum security deposit: Landlords in Alabama are limited to collecting a maximum security deposit equal to one month’s rent (Ala. Code § 35-9A-201(a)).
Security deposit receipt: State law doesn’t require Alabama landlords to provide a receipt for the deposit.
Deduction tracking: Landlords can use funds from the security deposit to offset unpaid rent or other costs or to make repairs due to tenant damage. If they withhold funds, the landlord must provide a complete list of the deductions (Ala. Code § 35-9A-201(b-c)).
Returning a tenant’s security deposit: Landlords must return the deposit to the tenant within 60 days. If this doesn’t happen, the tenant could be entitled to receive double the initial deposit amount (Ala. Code § 35-9A-201(b)).
Pet Deposit Rules: Alabama landlords can charge an additional deposit for pets. Pet deposits do not count towards security’s limit of one month’s rent (Ala. Code § 35-9A-201(a)).
Property Access Regulations
Advance Notice: Landlords must give tenants at least 2 days’ notice before entering the unit (Ala. Code § 35-9A-303(c)).
Immediate Access: In emergencies, landlords can immediately enter a property (Ala. Code § 35-9A-303(b)(1)).
Landlord Harassment: Landlords who repeatedly enter a tenant’s unit could be liable for claims of landlord harassment. Harassment could allow the tenant to cancel the lease early or pursue other methods of injunctive relief (Ala. Code § 35-9A-442(b)).
Rental Agreement Violations
Missed Rent Payment: Alabama landlords can issue a 7-day Notice to Pay or Quit once a tenant misses a rent payment (Ala. Code § 35-9A-421(b)).
Lease Violation: The landlord must provide a 7-day Notice to Cure or Quit for lease violations. If the tenant commits the same violation again in a 12-month period, the landlord does not have to give the tenant another chance to cure the problem. (Ala. Code § 35-9A-421(d)).
Self-Help Evictions: Alabama landlords should never attempt to evict a tenant on their own. Self-help evictions are illegal.
Lease Abandonment: Alabama landlords must attempt to re-rent the unit when a tenant leaves the lease early and without a legally acceptable reason. Until then, the tenant is responsible for the entire rent amount left on the lease (Alabama Uniform Residential Landlord and Tenant Act).
Alabama Month-to-Month Lease Agreement FAQs
What is an Alabama month-to-month lease agreement?
An Alabama month-to-month lease agreement is a flexible lease option that automatically renews at the end of each month. Landlords or tenants can terminate it by providing 30 days written notice. TurboTenant offers legally reviewed fixed-term and month-to-month lease agreement templates for all 50 states.
What’s the difference between a fixed-term lease and a month-to-month agreement?
A lease typically lasts a year or longer and is often fixed-term, meaning it has a specific end date written into the agreement. A month-to-month rental agreement does not have a particular end date and automatically renews each month until terminated.
How to end an Alabama month-to-month lease agreement?
The tenant or landlord can terminate an Alabama month-to-month lease agreement by providing 30 days’ written notice.
