Alabama landlord-tenant law

The Act sets no limit on application or screening fees and no refund rule for them. An intentional misrepresentation of a material fact in a rental application is a breach you may end the lease for, and it cannot be cured.

Ala. Code §§ 35-9A-101 to 35-9A-603 Ala. Code § 35-9A-421(a)

Alabama's fair housing law makes it unlawful to refuse to rent after a bona fide offer, refuse to negotiate, or otherwise make a dwelling unavailable, or to set different terms, conditions or services, because of race, color, religion, sex, familial status or national origin, or because of a handicap (disability) of the renter, someone who will live there, or anyone associated with the renter. Advertising that indicates a preference, limitation or discrimination on any of those grounds is also unlawful.

Ala. Code § 24-8-4

At or before the start of the tenancy, disclose to the tenant in writing the name and business address of the person authorized to manage the premises and of an owner, or a person authorized to act for the owner, for service of process and for receiving notices and demands. Keep the information current.

Ala. Code § 35-9A-202(a), (b)

The Alabama Uniform Residential Landlord and Tenant Act requires no flood zone or flood history disclosure to tenants.

Ala. Code §§ 35-9A-101 to 35-9A-603

At or before the start of the tenancy, give the tenant in writing the name and business address of the person authorized to manage the premises and of an owner, or a person authorized to act for the owner, for service of process and for receiving notices and demands. A person who fails to do so becomes the agent of each landlord for service of process and notices, and for performing the landlord's duties, including spending the rent collected for that purpose.

Ala. Code § 35-9A-202(a), (c)

You may not demand or receive more than one month's periodic rent as security for the tenant's obligations under the lease. The limit does not cover security taken for pets, for changes to the premises, or for increased liability risks to you or the premises.

Ala. Code § 35-9A-201(a)

Within 60 days after the tenancy ends and the tenant delivers possession, mail the tenant the refund and, if you keep any part of the deposit, an itemized list of the amounts withheld. If you do not mail a timely refund or accounting within the 60 days, you must pay the tenant double the original deposit.

Ala. Code § 35-9A-201(b), (c), (f)

The Alabama Uniform Residential Landlord and Tenant Act does not require you to keep deposits in a separate or interest-bearing account and does not require you to pay interest on them.

Ala. Code §§ 35-9A-101 to 35-9A-603

The Act does not require a move-in inspection or a written condition report. At move-out the deposit may be applied to accrued rent and to damage from the tenant's failure to meet the tenant duties, so a dated record of the home's condition at move-in helps you support each deduction.

Ala. Code §§ 35-9A-101 to 35-9A-603 Ala. Code § 35-9A-201(b)

The Alabama landlord and tenant act sets no maximum late fee and no grace period. Rent is payable without demand or notice at the time and place you and the tenant agree, and a court may refuse to enforce, or may limit, a lease term it finds unconscionable.

Ala. Code § 35-9A-161(c) Ala. Code § 35-9A-143 Ala. Code § 35-9A-421(b)

When a check or similar instrument is dishonored, Alabama's bad check charge law lets a lender, a creditor, or a merchant selling goods or services charge no more than the greater of $30 or the bank's actual charge for the returned item. The law is written for instruments given to repay a loan or credit or to pay for a sale, and it does not say whether it reaches rent or a returned electronic bank debit.

Ala. Code § 8-8-15

The Act sets no notice period and no limit for a rent increase. During a fixed term the rent is what the lease says; for a periodic tenancy the Act sets only the written notice needed to end the tenancy, not a notice for an increase.

Ala. Code §§ 35-9A-101 to 35-9A-603 Ala. Code § 35-9A-441(a), (b)

Give the tenant at least two days' notice of your intent to enter and enter only at reasonable times, unless one of the section's exceptions applies or notice is impracticable. A note posted on the primary entry door stating the intended time and purpose of the entry is a permitted way to give notice. The tenant may not unreasonably withhold consent to entry to inspect, make necessary or agreed repairs or improvements, supply services, or show the unit to buyers, lenders, tenants, workers or contractors.

Ala. Code § 35-9A-303(a), (c)

You must comply with building and housing codes materially affecting health and safety, make all repairs needed to put and keep the premises habitable, keep common areas clean and safe, keep the electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances you supply in good and safe working order, provide garbage receptacles and arrange removal, and supply running water, reasonable amounts of hot water at all times and reasonable heat.

Ala. Code § 35-9A-204(a)

Alabama gives tenants no right to repair and deduct, and a tenant may not withhold rent while in possession to enforce rights under the Act. For your material breach of the lease, or a failure to maintain that materially affects health and safety, the tenant may give written notice naming the breach and a termination date at least 14 days after you receive it; the lease ends on that date unless you adequately remedy the breach first.

Ala. Code § 35-9A-403 Ala. Code § 35-9A-164 Ala. Code § 35-9A-401(a)

The Alabama Uniform Residential Landlord and Tenant Act has no lock, deadbolt or rekeying requirement. Your general duties still apply: follow building and housing codes materially affecting health and safety and keep common areas clean and safe.

Ala. Code §§ 35-9A-101 to 35-9A-603 Ala. Code § 35-9A-204(a)(1), (a)(3)

The Act has no smoke alarm provision of its own. It requires you to comply with building and housing codes materially affecting health and safety, and the state and local codes that may require smoke alarms were not read for this page.

Ala. Code §§ 35-9A-101 to 35-9A-603 Ala. Code § 35-9A-204(a)(1)

You may not retaliate by discriminatorily increasing rent, decreasing services, or bringing or threatening an action for possession because the tenant complained to a code enforcement agency about a violation materially affecting health and safety, complained to you of a violation of your maintenance duties, or organized or joined a tenants' union or similar organization.

Ala. Code § 35-9A-501(a)

You may not recover or take possession of the unit except by court action, abandonment or surrender, and you may not willfully interrupt heat, running water, hot water, electric, gas or another essential service to do so.

Ala. Code § 35-9A-427

Either you or the tenant may end a month-to-month tenancy by written notice given at least 30 days before the periodic rental date named in the notice, and a week-to-week tenancy by written notice given at least seven days before the termination date. Unless the lease fixes a definite term, a tenancy is week to week when the tenant pays weekly rent and month to month otherwise.

Ala. Code § 35-9A-441(a), (b) Ala. Code § 35-9A-161(d)

Ending a fixed-term lease early

Partly read

The Act gives a tenant no general right to leave a fixed-term lease early. If the tenant abandons the unit, you must make reasonable efforts to rent it at a fair rental, though you may rent your other vacant units first; if you re-rent for a term beginning before the lease ends, the lease terminates on the date the new tenancy starts.

Ala. Code § 35-9A-423(c) Ala. Code § 35-9A-105(a)

If rent is unpaid when due, you may deliver a written notice to terminate that states the rent and any late fees owed and a termination date at least seven business days after the tenant receives it. If the tenant does not pay within those seven business days, the lease terminates.

Ala. Code § 35-9A-421(b)

For a material breach of the lease, an intentional misrepresentation of a material fact in the lease or application, or a failure of the tenant duties that materially affects health and safety, you may deliver a written notice to terminate naming the breach and a date at least seven business days after the tenant receives it. If the tenant adequately remedies the breach before that date, the lease does not terminate; a material misrepresentation cannot be cured.

Ala. Code § 35-9A-421(a)

After the lease terminates, file the eviction in district or circuit court, according to their jurisdictions, in the county where the property is located; eviction cases take precedence in scheduling over other civil cases. The Alabama Rules of Civil Procedure govern the case except where the Act changes them.

Ala. Code § 35-9A-461(a), (b)

If a tenant leaves property in the unit more than 14 days after the tenancy terminates, you have no duty to store or protect it and may dispose of it without obligation. Besides any other way you determine abandonment, a unit is considered abandoned if its electric service has been off for seven consecutive days.

Ala. Code § 35-9A-423(d), (e)

The district court has exclusive jurisdiction over civil claims of up to $6,000, not counting interest and costs, and hears them on a small claims docket. Individuals, partnerships and corporations may appear with or without a lawyer; a partnership appears through a partner or employee, and a corporation through an officer or full-time employee.

Ala. Code § 12-12-31(a), (b)

A lease may not make the tenant waive the maintenance, landlord-breach or essential service remedies, the deposit rules or the law of unlawful detainer; authorize anyone to confess judgment; make the tenant pay your attorney's fees or collection costs; or limit your legal liability or make the tenant indemnify you for it. Such a term is unenforceable, and if you knowingly try to enforce it the tenant may recover actual damages plus up to one month's periodic rent and reasonable attorney's fees.

Ala. Code § 35-9A-163

The Act applies to and is the exclusive remedy for the rights, obligations and remedies under a rental agreement for a dwelling unit in Alabama, though other laws such as the fair housing law still apply. No county or city may enact or enforce an ordinance on residential landlords, rental housing codes, or landlord and tenant rights, so no local rent control applies; cities and counties may still enforce building, health and other general codes that equally affect similar owner-occupied homes.

Ala. Code § 35-9A-121