Alabama 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: The only federally required disclosure is designed to allow landlords to warn tenants about any known lead-based paint or lead-based paint hazards in all units built before 1978.

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, which does not include pet deposits or an additional deposit 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. A complete, itemized list of the deductions must be provided 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 the tenant has not been informed that a portion is being withheld 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.

Late Rent Fees: There is no limit on fees for late rent, but the lease agreement should outline that 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 that they have no intent to return, the landlord can consider the property abandoned. Alabama landlords must reasonably attempt to re-rent the property but can attempt to recover lost rent from when 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).

Rent Control & Stabilization

Alabama does not have any rent control or stabilization laws that limit the amount of the increase. However, some guidelines must be followed for any rent increase.

For tenants on a month-to-month lease, the landlord must provide a 30-day written notice of the increase. For yearly leases, the landlord can raise the rent when the lease term ends. All increases must be considered “reasonable,” though no specific limits exist (Alabama Uniform Residential Landlord and Tenant Act).