Breaking a Lease in Alabama: Landlord/Tenant Guide 2024

Breaking a lease in Alabama can be a tricky situation with significant legal and financial consequences if you’re not careful. Whether you’re a tenant or a landlord trying to break a lease, knowing your rights and what you’re responsible for is critically important.

In this guide, we’ll dig deep into the legal reasons for breaking a lease, what could happen if you don’t follow the law, and how to avoid conflicts.

Keep reading to learn how to navigate this process like a pro.

Review Your Lease Before All Else

The first step to breaking a lease in Alabama is to review the terms of your lease agreement. Leases are binding contracts that outline the obligations of both parties. You may find information about breaking the lease within them.

In terms of specific leases and their rules, fixed-term leases often include set penalties for early termination. In contrast, month-to-month leases may allow for more flexibility, provided the landlord or tenant supplies the other party with the proper notice to terminate the agreement.

Key clauses to look for include early termination penalties, notice requirements, and subletting rules. Understanding these terms can help you determine your options and find a solution that works for both parties.

Legal Reasons for Breaking a Lease in Alabama

Understanding how to break a lease in Alabama without penalty requires meeting specific legal justifications. Such circumstances are outlined in the Code of Alabama and protect tenants facing specific hardships or safety concerns.

Reason #1: You Are Starting Active Military Duty

Under federal law — specifically, the War and National Defense Servicemembers Civil Relief Act (SCRA) — active-duty military members have the right to break a lease without penalty, given certain qualifications. This protection applies to individuals entering the “uniformed services,” which includes:

• The armed forces
• The National Oceanic and Atmospheric Administration commissioned corps
• The Public Health Service commissioned corps
• The activated National Guard

If you qualify, you must provide your landlord with written notice of your intention to terminate the lease due to military activation. Once you send the notice, the lease terminates 30 days after the following rent payment is due, even if that date is well before the lease’s official end.

Reason #2: Your Landlord Harasses You or Violates Your Privacy Rights

Under Alabama law, landlords must give tenants at least 2 days’ notice before entering a rental property (Ala. Code § 35-9A-303). If your landlord repeatedly violates this right, including entering without notice, changing the locks, turning off utilities, or removing doors and windows, it could be considered constructive eviction.

Constructive eviction occurs when a landlord’s actions make a rental unit uninhabitable or unsuitable for living. Courts typically allow tenants to break their lease without financial repercussions in such cases.

What about domestic violence, job relocation, or medical reasons?

Although made explicit in some states, Alabama law does not cite domestic violence as a justified reason to break a lease. The same goes for breaking a lease due to job relocation and medical reasons.

Those legal protections that do exist ensure that tenants in Alabama can safely and lawfully terminate their lease agreements in specific situations. However, it’s important to document all incidents thoroughly and seek legal advice if needed.

For more details on Alabama’s laws, refer to the Code of Alabama or consult an attorney.

Breaking a Lease Without Legal Justification

If your situation doesn’t fall under one of the legal reasons listed above, breaking a lease in Alabama can lead to financial and legal consequences. However, there are strategies to avoid penalties:

• Negotiate with Your Landlord: Explain your situation and propose a mutually agreeable solution.
• Find a Subletter: You may be able to transfer your lease to a new tenant with your landlord’s approval.
• Cash-for-Keys Agreement: Offer a lump-sum payment to cover your landlord’s costs in exchange for an early termination.

Consequences of Breaking a Lease in Alabama

Breaking a lease in Alabama without legal justification can result in a number of unfavorable outcomes, which include:

• Loss of security deposit: Landlords may withhold the deposit to cover unpaid rent.
• Ongoing rent liability: Tenants may be required to pay rent until the lease term ends or the unit is re-rented.
• Credit score damage: Unpaid rent or legal judgments can negatively impact your credit.
• Legal action: Landlords may file a lawsuit to recover damages.

Landlord/Tenant Rights and Responsibilities

Landlords Have the Right to:

• Collect rent: Landlords have the legal right to expect rent payments as outlined in the lease agreement. Non-payment or late payment may result in penalties, eviction, or legal action.
• Enforce the lease: Landlords can enforce all agreed-upon lease terms, including restrictions on pets, subletting, and property use, provided these terms comply with Alabama law.
• Evict tenants for legal reasons: If a tenant fails to pay rent, violates the lease, or engages in illegal activity, landlords have the right to initiate eviction through the legal process. Landlords must follow state eviction guidelines.
• Inspect the property: Landlords can conduct routine inspections to maintain the property per the lease agreement. However, they must provide proper notice, typically at least 48 hours, unless it is an emergency.

Landlords are Responsible for:

• Maintaining the property: Landlords must ensure the rental unit is habitable and complies with all relevant local and state housing codes. This includes fixing structural issues, addressing pest infestations, and ensuring essential services like plumbing and electricity are functional.
• Responding to repair requests: Alabama law requires landlords to make necessary repairs within a reasonable timeframe once notified by the tenant. Delays or failure to address these issues could result in tenants withholding rent or breaking the lease legally.
• Providing proper notice for lease changes: Under Alabama landlord-tenant law, landlords must give written notice before making changes to the lease terms, such as rent increases or updates to property rules.
• Adhering to fair housing laws: Landlords must ensure their rental practices align with federal and state fair housing laws. They must avoid discrimination based on protected characteristics such as race, color, religion, sex, disability, and familial status. Violating these laws can lead to harsh legal repercussions.

Tenants Have the Right to:

• Reside in a safe and habitable property: Tenants are entitled to live in a rental unit that meets basic health and safety standards, including functioning utilities, a sound structure, and pest-free conditions.
• Receive proper notice before eviction: Tenants have the right to receive written notice of any eviction or lease termination. For example, Alabama law typically requires landlords to provide a 7-day notice for unpaid rent or a 14-day notice for non-compliance with the lease terms.
• Request necessary repairs: Tenants can request repairs to address issues that impact habitability, such as broken plumbing, heating, or electrical systems. If the landlord doesn’t address these issues, tenants may have additional legal options.
• Fair treatment during eviction: Tenants are entitled to a legal and fair process if a landlord pursues eviction. This includes adequate notice, the opportunity to address grievances, and a hearing in court if necessary.

Tenants are Responsible for:

• Paying rent: Tenants must adhere to the rent payment schedule and ensure their payments are complete and on time. Late payments may incur fees or result in eviction proceedings.
• Maintaining the property: Tenants are expected to maintain the rental unit, ensuring it remains clean and free of damage beyond normal wear and tear. This includes proper trash disposal and minor upkeep, such as changing light bulbs or smoke detector batteries.
• Following the lease terms: Tenants must adhere to all lease terms, such as occupancy limits, pet policies, and noise restrictions. Violating these terms could result in eviction or other legal action.
• Reporting issues promptly: Tenants are responsible for notifying landlords immediately about any damages or repairs needed. Timely communication helps prevent minor issues, like a water leak, from becoming major problems that could jeopardize the property.

Legal Help for Landlords and Tenants

If you’re facing a potential lease-breaking situation, consider seeking legal guidance from one of the following resources:

• Legal Services Alabama: Provides free or low-cost legal aid for tenants.
• Alabama Legal Help: Offers resources for low-income individuals.
• Alabama State Bar: Find and consult an attorney specializing in Alabama landlord-tenant law for personalized advice.

Avoid Lease Breaking with TurboTenant

TurboTenant’s easy-to-use property management software helps landlords avoid tenants who might consider breaking a lease in Alabama by offering a suite of helpful features, including:

• In-Depth Tenant Screening: Screen applicants for financial and rental history during the rental application process to avoid future issues.
• Online Lease Agreements: Create legally binding agreements that cover all essential terms.
• Rent Collection Automation: Automate rent collection and minimize missed payments.
• Maintenance Tracking: Log repair requests to ensure prompt property upkeep.

Sign up for a free TurboTenant account to simplify your life as a landlord.

Breaking a Lease in Alabama FAQs