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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
The State of Alabama enacted the Uniform Residential Landlord and Tenant Act, which includes certain guidelines for landlord-tenant relationships during a lease agreement. Landlords and tenants must understand and abide by these laws to avoid legal problems.
Alabama tenants have the right to:
Tenants in Alabama are required:
Alabama landlords have the right to:
Landlords in Alabama are required to:
Are landlords in Alabama required to give notice before entering the property?
Landlords in Alabama are only permitted to enter at reasonable hours and must give two days' notice. (Ala. Code § 35-9A-303(d))
Are landlords in Alabama allowed to enter the property to conduct maintenance and repairs?
Yes, as long as they give the renter enough warning and the entrance time is reasonable, landlords in Alabama are permitted to enter the housing unit to perform agreed-upon or essential repairs.
(Ala. Code § 35-9A-303 (2022))
In Alabama, there is no cap on late fees nor is there a mandatory grace period that landlords must give tenants before applying late rent fees.
Source: The Alabama Tenants' Handbook, Uniform Residential Landlord and Tenant Act
SECTION 2
There are no state restrictions in Alabama that restrict the amount a landlord can raise rent, unlike in several other states. This implies that, in the majority of situations, landlords are free to increase rent without any restrictions, provided they give the required notice in accordance with the conditions of the lease.
According to Alabama Code Section 11-80-8.1, local governments cannot impose rent controls on private property leases. This statute prohibits rent control throughout the state.
There is no set notice period before a rent increase in Alabama. Landlords must, however, behave in good faith, which means that when raising rent, they must give the renter adequate notice. Usually, a month is thought to be appropriate (AL Code § 35-9A-142).
When adopting a rent increase, landlords should take into account the following general guidelines:
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SECTION 3
Alabama code states that rental property owners have the right to set the terms and conditions of the lease agreement, including rent amount, lease duration, pet policies, and other provisions like late fees.
Both oral and written lease agreements are accepted in the state of Alabama for leases of up to a year. Even so, it is always advisable to set the lease in writing to avoid potential legal disputes. The main problem with an unwritten lease is proving what it says. The same is true of any other unwritten contract.
An Alabama lease agreement must be created and signed in accordance with Alabama state laws; otherwise, it will be legally contestable and may be declared void, preventing either party from seeking redress if a violation occurs.
These will govern how you initiate and terminate the contract, as well as the procedures you can reasonably expect a tenant to follow.
When drafting an Alabama lease agreement, it is critical to include vital components like:
This promotes clarity and avoids misunderstandings or arguments.
Free Resources: Alabama Lease Agreement Templates | eForms
Source: New Lease Template - Leasing Management | Alabama.gov
SECTION 4
Alabama state law limits the maximum amount a landlord can demand for a security deposit.
Any security deposit exceeding these restrictions would be a violation of Alabama Code Title 35, Chapter 9, and should be challenged by the renter.
Alabama landlords are allowed to request a pet deposit as long as it is reasonable in quantity.
Tenants with disabilities using service animals are exempted from this charge. However, tenants are still liable for any harm the service animal may have caused to the leased property.
Alabama law enables landlords to remove money from a tenant's security deposit for late rent, damages beyond normal wear and tear, and any additional deductions agreed upon in the lease.
The landlord must give an itemized list of all deductions from the tenant's security deposit within 60 days of move-out. Tenants have the right to dispute and oppose any unjustified or disproportionate deductions.
Alabama's security deposit statute imposes no requirements on how landlords must maintain their renters' money.
As a result, the landlord has complete discretion over whether to maintain his or her tenant's deposit in a regular or interest-bearing account.
Alabama Code Section 35-9A-201(a) states that the landlord shall return the tenant's full security deposit within 60 days of the lease ending unless there are deductions for damages or overdue rent. The landlord must provide the renter with a documented itemized record of any damages or rent deducted within the same 60-day period.
If Alabama landlords fail to reimburse the tenant's security deposit within the permitted 60-day period, they must pay double the original deposit. Tenants in Alabama's Small Claims Court can make claims for up to $6,000.
If the lessee does not claim the deposit within 90 days or does not cash the deposit check, the renter forfeits the security deposit. The lessee must provide the landlord with a legal forwarding address.
Alabama does not require landlords to pay tenants interest on their security deposits. However, it is possible to do so voluntarily.
Source:Alabama Code Title 35, Chapter 9
SECTION 5
Here are some of the valid reasons why an Alabama landlord may generally evict a tenant from the rented property:
Before beginning the eviction procedure, the landlord must provide the tenant with an official written 7-day Notice to Pay. The eviction proceedings are halted if the rent is paid within those seven days. However, the landlord maintains the right to pursue eviction proceedings if the tenant is unable to pay within this period.
If a tenant violates any provisions of the lease agreement, the landlord must send a 7-Day Notice to Comply.
Within this 7-day period, if the tenant overcomes these issues on time, the landlord cannot move forward with the eviction process. If the problems are not remedied and remain on the property, the landlord may proceed with the eviction.
Additionally, if the tenant commits the same infraction within 6 months, landlords are not required by law to enable them to rectify the issue before serving them with an Alabama notice to quit.
Landlords maintain the right to evict renters who have been dishonest on their rental applications. Tenants who have been accused of writing false or misleading information are not permitted to change it. They will receive a 7-day Notice to Quit and have 7 business days to evacuate the premises.
If a tenant has participated in illegal activities on the property, the landlord must issue an official written 7-day Notice to Quit.
Tenants who are accused of illegal behavior cannot remedy their actions. They have 7 business days to vacate the property after receiving the Notice to Quit.
Alabama law considers the health, building, safety, and housing codes very important. If a tenant violates any of these codes, the landlord is required to send a 7-day Notice to Comply to give the tenant time to resolve the matter.
The renter must complete repairs or resolve the issue by the conclusion of the seven-day period. If they cannot do so, the landlord may proceed with the eviction.
In Alabama, landlords cannot evict or force tenants to vacate a property without probable cause. As long as the tenant does not break any restrictions, they may stay until their renting time expires.
However, if they remain in the property even one day after their lease/rental agreement expires and have not negotiated for a renewal, landlords may issue a formal notice to vacate.
In the event that any of the aforementioned lease violations take place, serving one of the eviction notices listed below will initiate the eviction procedure and give the tenant seven days to "cure" (fix) the violation.
The Alabama eviction process is pretty straightforward and similar to other states' in the U.S. Here's an overview of the steps involved in an eviction procedure in Alabama:
Source: Evictions | AlabamaLegalHelp.org
SECTION 6
Alabama rental application law allows landlords to screen potential renters through application processes, background checks, and credit checks to determine their fitness as tenants. However, the Fair Credit Reporting Act requires tenant consent before conducting a background check.
There are no law restrictions around the amount a landlord can charge for rental applications in Alabama.
To make the rental application process effective, here is a list of crucial information to request from applicants:
SECTION 7
Alabama tenants can technically break their contract for any reason. However, if they leave before the lease term finishes and do not provide a sufficient explanation or submit proper notice, the landlord has the authority to impose penalties or initiate legal action.
There are a few key exceptions to the general rule that a tenant who violates a lease must pay the rent for the entire lease term.
Renters may be allowed to legally vacate before the lease term expires in the following circumstances.
If a renter enters active military service after signing a lease, they are entitled to terminate the contract under federal law. (The War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501)
This benefit is exclusively accessible to members of the "uniformed services," which include the military forces, the commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), the commissioned corps of the Public Health Service, and the activated National Guard.
Tenants must give their landlord written notice of their plan to terminate the tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will end 30 days after the rent is next due, even if that date is several months before the lease expires.
Alabama law requires your landlord to give you two days' notice before entering the rented property (Alabama Code § 35-9A-303 (2022)).
If your landlord frequently breaches your private rights, such as removing windows or doors, turning off utilities, or changing locks, a court may deem you "constructively evicted." Most courts enable renters to terminate their contract without incurring any additional rent obligations when they are constructively evicted.
Source: Tenant's Right to Break a Rental Lease in Alabama | Nolo
SECTION 8
Below is an overview of some Alabama HOA laws that often apply to homeowners associations:
The Alabama Homeowners Association Act governs homeowners' associations in Alabama. Alabama homeowners' associations formed after January 1, 2016, as well as any organizations formed before that date that choose to be regulated by this act in their governing papers, are subject to the law's HOA development, administration, authority, and operating requirements.
All condominiums constructed after January 1, 1991, are subject to the Alabama Uniform Condominium Act. However, some of the terms of the statute may also apply to condominiums erected before that period.
This legislation, on the other hand, governs the creation, administration, authority, and management of condominium associations formed prior to January 1, 1991.
HOAs are classified as non-profit organizations and are subject to the Alabama Nonprofit Corporation Act. This Act establishes the corporate structure and methods that these businesses must follow.
Alabama Code Section 35-20-5(a) requires homeowners' associations founded after January 1, 2016, to be non-profit organizations. Corporations that create condominium associations might be for-profit or nonprofit.
This law protects people's constitutional right to equal housing opportunities, regardless of religion, gender, race, familial status, color, or place of birth. It provides state-level protections similar to those found in the federal Fair Housing Act.
Source:Alabama Homeowners Association Act, Alabama Uniform Condominium Act, Alabama Condominium Act, Alabama Nonprofit Corporation Law, Alabama Fair Housing Law.
SECTION 9
Squatters in Alabama can legally own property through a legal concept known as adverse possession. To gain Alabama squatter's rights and successfully claim adverse possession, the squatter must occupy the land continuously for 20 years in a way that is "actual, open, notorious, exclusive, hostile, and under claim of right."
This implies that the squatter must fulfil all of the following requirements:
If the squatter achieves these standards for 20 years, they can obtain legal ownership of the land by adverse possession in Alabama. The title is transferred automatically by operation of law.
SECTION 10
Below, you’ll find some helpful Alabama landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
