Alabama Residential Lease Agreement

Required Landlord Disclosures (2)

Landlords must legally disclose certain aspects of a rental unit to tenants, 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 most units built before 1978. They must also provide the required federal lead-based paint disclosure form and EPA-approved pamphlet (42 U.S.C. § 4852d).
2. Landlord/agent name and address: Landlords must disclose, in writing at or before the tenancy begins, the name and business address of the person authorized to manage the property and the owner or the person authorized to act on the owner’s behalf for service of process and receiving notices (Ala. Code § 35-9A-202).

Security Deposit Regulations

Maximum security deposit amount: Alabama landlords may collect a security deposit equal to 1 month’s periodic rent, excluding additional deposits for pets, property changes, or increased liability risks (Ala. Code § 35-9A-201(a)).

Receipt of deposit: Alabama law does not require landlords to provide tenants with a deposit receipt.

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

Deduction tracking: Landlords may withhold funds from the security deposit for accrued rent or damages caused by the tenant’s noncompliance with the lease. They must give the tenant a written, itemized list of deductions (Ala. Code § 35-9A-201(b)).

Returning a tenant’s security deposit: Landlords must return the deposit, or any remaining balance, within 60 days after the tenancy ends and the tenant delivers possession. If the landlord does not mail the refund or itemized accounting within 60 days, the landlord must pay the tenant double the original deposit amount (Ala. Code § 35-9A-201(b), § 35-9A-201(f)).

Landlord’s Access to Property

Advance notice: Alabama landlords must give at least 2 days’ notice before entering a tenant’s unit, except as the law allows or when notice is impracticable. They may enter only at reasonable times (Ala. Code § 35-9A-303(c)).

Immediate access: Landlords may access a property without the tenant’s consent in an emergency (Ala. Code § 35-9A-303(b)).

Landlord harassment: Landlords may not enter a property unlawfully, enter lawfully in an unreasonable manner, or make excessive demands for entry that unreasonably harass the tenant. If they do, the tenant may seek an injunction to stop the conduct or terminate the lease, and may recover actual damages (Ala. Code § 35-9A-442(b)).

Rent Payment Laws

Grace period: Alabama law does not require a grace period for rent, so landlords do not need to include one in an Alabama lease agreement.

Late rent fees: Alabama law does not set a specific limit on late rent fees. The rental agreement should clearly state, however, when the fee applies and how much the tenant must pay.

Tenant’s right to withhold rent: Alabama tenants may not stop paying rent for repairs while they still live in the rental unit. If a landlord fails to make required repairs that materially affect health and safety, the tenant may give written notice and terminate the lease if the landlord does not fix the issue within 14 days (Ala. Code § 35-9A-401, § 35-9A-164).

Breach of Rental Agreement

Missed rent payment: Alabama landlords may issue a 7-Day Notice to Pay or Quit after rent goes unpaid when due. The notice must give the tenant at least 7 business days after receipt to pay the overdue rent and any late fees, or the lease may terminate (Ala. Code § 35-9A-421(b)).

Lease violation: The landlord must provide a 7-Day Notice to Cure or Quit for certain lease violations. A tenant may not cure a lease violation more than 2 times in 12 months unless the landlord gives written consent. For certain noncurable defaults, the landlord may terminate the lease with a 7-Day Notice to Quit (Ala. Code § 35-9A-421(a), § 35-9A-421(d)).

Self-help evictions: Alabama does not allow self-help evictions, and landlords should never attempt them. A landlord who unlawfully ousts a tenant, cuts off services, or locks the tenant out may owe the tenant up to three months’ rent or actual damages, plus attorney fees. Always follow the legal eviction process (Ala. Code § 35-9A-407).

Lease abandonment: If the tenant abandons the property, the landlord must make reasonable efforts to re-rent it at a fair rental. Alabama law also considers property abandoned if electric service has been discontinued for 7 consecutive days. If the landlord re-rents the unit before the original lease ends, the original lease ends when the new tenancy begins (Ala. Code § 35-9A-423(c), § 35-9A-423(e)).

Ending a Lease

Month-to-month: Alabama landlords must give tenants at least 30 days’ written notice before the periodic rental date when they intend to end a month-to-month lease (Ala. Code § 35-9A-441(b)).

Fixed-term: To legally end a fixed-term lease early and without penalty, a tenant must demonstrate a qualifying legal reason. These reasons may include entering active military duty under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3955), uninhabitable conditions (Ala. Code § 35-9A-401), or landlord harassment (§ 35-9A-442(b)).

Property abandonment: If a tenant leaves property in the rental unit for more than 14 days after the lease ends, the landlord has no duty to store or protect the property and may dispose of it without obligation (Ala. Code § 35-9A-423(d)).

Renewing a Lease

Required renewals: Alabama landlords do not have to renew a tenant’s lease when the rental period ends unless the lease says otherwise.

Required notice: For month-to-month leases, the landlord must give written notice at least 30 days before the periodic rental date listed in the notice. Week-to-week tenancies require at least 7 days’ written notice (Ala. Code § 35-9A-441).