Alabama residential lease agreement

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)

• Screening must not treat applicants differently because of race, color, religion, sex, familial status, national origin or disability (the statute says handicap). Ala. Code § 24-8-4 See Fair housing on the Alabama page
• Alabama's fair housing law lets an application ask the number, age, sex and familial relationship of the applicants and intended occupants and whether any intended occupant was convicted of illegally manufacturing or distributing a controlled substance, and it does not bar acting on such a conviction. Ala. Code § 24-8-7(f), (l)

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

• Falsely telling someone, on one of those grounds, that a dwelling is not available to inspect or rent is unlawful. Ala. Code § 24-8-4(4)
• Familial status protects households with children under 18 and anyone who is pregnant or securing legal custody of a child. Ala. Code § 24-8-3(5)
• Narrow exemptions cover rooms or units in an owner-occupied building of four or fewer units and some single-family houses rented by an owner of no more than three, but the advertising ban still applies, and the house exemption is lost if a broker or a discriminatory advertisement is used. Ala. Code § 24-8-7(a) to (c)
• Refusing a disabled tenant's reasonable accommodation in rules, policies, practices or services, or refusing reasonable modifications of the unit at the tenant's expense, is unlawful discrimination; for a rental you may, where reasonable, require the tenant to restore the interior at move-out, reasonable wear and tear excepted. Ala. Code § 24-8-7(g)(1), (2)
• Denying anyone access to, or membership or participation in, a multiple listing service, brokers' organization or other service or facility relating to the business of renting dwellings, on any of those grounds, is also unlawful. Ala. Code § 24-8-5
• For an assistance-animal request to make an exception to a no-animal housing policy, Alabama permits reliable documentation of the disability only when it is not readily apparent or known, and of the disability-related need for the animal only when that need is not readily apparent or known. The chapter defines reliable documentation as permitted accommodation documentation from the requester's medical provider and applies to landlords enforcing policies in covered housing. Keep all documentation obtained under this section confidential. An obvious or known fact does not trigger a new documentation requirement under this rule. Ala. Code 24-8A-2, 24-8A-3

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)

• A rule or regulation is enforceable only if, among other conditions, the tenant had notice of it when signing the lease or when it was adopted. Ala. Code § 35-9A-302(b)
• The Act requires no flood, mold or other property condition disclosure. Ala. Code §§ 35-9A-101 to 35-9A-603

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

• The only written disclosure the Act requires is the name and business address of the manager and of an owner or owner's agent. Ala. Code § 35-9A-202(a) See Landlord and manager identity on the Alabama page

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)

• Keep the information current; the duty also binds any successor landlord, owner or manager. Ala. Code § 35-9A-202(b)
• After a good faith sale, you are relieved of liability for later events once you give the tenant written notice of the sale, but you stay liable for the deposit and prepaid rent. A manager is relieved for events after written notice to the tenant that the management has ended. Ala. Code § 35-9A-205

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)

• At the end of the tenancy, security may be applied to accrued rent and to damage the tenant caused by failing to meet the tenant duties in the Act, all itemized in a written notice. Ala. Code § 35-9A-201(b) Ala. Code § 35-9A-301
• A lease term in which the tenant waives the Act's security deposit requirements is unenforceable. If you knowingly try to enforce a prohibited term, the tenant may recover actual damages plus up to one month's periodic rent and reasonable attorney's fees. Ala. Code § 35-9A-163(a)(1), (b)
• If you sell the property in a good faith sale, you stay liable to the tenant for the security the tenant can recover and for all prepaid rent. Ala. Code § 35-9A-205(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)

• When moving out, the tenant must give you a valid forwarding address in writing. If the tenant does not, mail the deposit or accounting by first class mail to the tenant's last known address or, if there is none, to the rental property. Ala. Code § 35-9A-201(d)
• Mailing by first class mail to the address the tenant gave in writing, within the 60 days, is sufficient compliance. The forwarding address decides where you mail, not when the 60 days start. Ala. Code § 35-9A-201(b), (e)
• A deposit the tenant does not claim, and any refund check left outstanding, is forfeited by the tenant after 90 days. Ala. Code § 35-9A-201(d)
• Days in the Act are calendar days, but if a period ends on a weekend or official holiday, its last day becomes the next official business day the court is open. Ala. Code § 35-9A-141(3)
• The double-deposit penalty does not stop you or the tenant from recovering other damages, and whoever holds the landlord's interest when the tenancy ends is bound by these rules. Ala. Code § 35-9A-201(g), (h)

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's deposit section covers the amount limit, what the deposit may be applied to, and the refund; it says nothing about where the money is held. Ala. Code § 35-9A-201

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)

• At the start of the term you must deliver possession in compliance with the lease and your maintenance duties. Ala. Code § 35-9A-203
• The tenant must not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises, or knowingly, recklessly or negligently let anyone else do so. Ala. Code § 35-9A-301(6)

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)

• Unless the lease says otherwise, rent is payable at the dwelling unit, at the start of any term of one month or less and otherwise in equal monthly installments at the start of each month, and it is apportioned day to day. Ala. Code § 35-9A-161(c)
• A notice to terminate for unpaid rent states the amount of rent and any late fees owed to remedy the breach. Ala. Code § 35-9A-421(b)
• The tenant may not withhold rent while in possession to enforce any right under the Act. Ala. Code § 35-9A-164
• If the lease sets no rent, the tenant owes the fair rental value for the use and occupancy of the unit. Ala. Code § 35-9A-161(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 charge may be collected through regular billing or otherwise from the person who gave the instrument. Ala. Code § 8-8-15(a)
• The ceiling started at the greater of $25 or the bank's charge and rose $1 a year until it reached $30 on January 1, 2003. Ala. Code § 8-8-15(a), (b)
• The Alabama landlord and tenant act itself sets no returned-payment fee. Ala. Code §§ 35-9A-101 to 35-9A-603

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)

• A month-to-month tenancy ends on written notice given at least 30 days before the periodic rental date named in the notice. Ala. Code § 35-9A-441(b) See Ending a month-to-month tenancy on the Alabama page
• You may not discriminatorily increase rent to retaliate against a tenant for a protected complaint or for joining a tenants' union. Ala. Code § 35-9A-501(a) See Retaliation on the Alabama page
• Cities and counties may not adopt their own landlord and tenant ordinances, so no local rent limit applies. Ala. Code § 35-9A-121 See Rent control and local rules on the Alabama page

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 may enter without the tenant's consent in an emergency, under a court order, to fix a tenant's failure to maintain that materially affects health and safety after the tenant does not remedy it within seven days of your written notice, during a tenant absence of more than 14 days, and when you reasonably believe the tenant has abandoned or surrendered the unit. Ala. Code § 35-9A-303(b) Ala. Code § 35-9A-422 Ala. Code § 35-9A-423(b)
• To show the unit to a prospective tenant or buyer without consent, you must have given the tenant a general notice of that right, separate from the lease and signed by the tenant, and you may use it only within four months before the lease expires, at reasonable times, with the two days' notice, and only in the company of the prospect. Ala. Code § 35-9A-303(b)(4)
• A general notice or advance schedule, given separately from the lease more than two days ahead, for repairs, maintenance, pest control or health and safety service needs no further notice. The tenant may agree to shorter notice, and a tenant who asks for repairs or maintenance is treated as consenting to entry to do that work. Ala. Code § 35-9A-303(d), (e)
• A lease may require the tenant to tell you of an expected absence of more than 14 days no later than the fifth day of the absence, and you may recover actual damages if the tenant willfully fails to. Ala. Code § 35-9A-304 Ala. Code § 35-9A-423(a)
• Do not abuse the right of access or use it to harass. For an unlawful or unreasonable entry, or harassing demands for entry, the tenant may get an injunction or end the lease on the landlord-breach notice, and recover actual damages. Ala. Code § 35-9A-303(c) Ala. Code § 35-9A-442(b)
• If the tenant refuses lawful access, you may get an injunction to compel access or end the lease on a notice to terminate, and recover actual damages. Ala. Code § 35-9A-442(a)

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)

• The heat and hot water duty does not apply where the building is not required by law to be equipped for it, or where the tenant controls the installation and it is supplied by a direct public utility connection. Ala. Code § 35-9A-204(a)(6)
• In a single family residence, you and the tenant may agree in writing that the tenant handles garbage, water, hot water and heat, and specified repairs, maintenance, alterations and remodeling. Ala. Code § 35-9A-204(c)
• In any other unit, the tenant may take on specified repairs or maintenance only in a separate writing signed by both of you and supported by adequate consideration, only for work not needed to meet the code duty, and only if it does not reduce your duties to other tenants. You may not make that separate agreement a condition of the lease. Ala. Code § 35-9A-204(d), (e)
• The tenant's rights do not arise for a condition caused by the willful or negligent act of the tenant, the tenant's family or a guest. Ala. Code § 35-9A-204(f)
• A lease may not make the tenant waive these duties, and you are not responsible for paying utility services unless the lease says so. Ala. Code § 35-9A-163(a)(1) Ala. Code § 35-9A-404(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 tenant may also recover actual damages and reasonable attorney fees and get an injunction for your noncompliance with the lease or your maintenance duties. Ala. Code § 35-9A-401(b), (c)
• If, after the tenant's notice, you willfully or negligently fail to promptly provide heat, running water, hot water, electric, gas or another essential service, the tenant may end the lease by written notice of a date at least 14 days after you receive it and moving out, or recover damages based on the reduced rental value. A tenant who uses this remedy may not also proceed under the general landlord-breach remedies for that breach. Ala. Code § 35-9A-404(b), (c)
• In your action for possession, or for rent while the tenant is in possession, the tenant may counterclaim, must pay into court the rent already accrued and all rent as it comes due, and stays in possession only if the court allows; if the counterclaim is without merit and not raised in good faith, you may recover reasonable attorney's fees. Ala. Code § 35-9A-405(a)
• If fire or casualty the tenant did not cause substantially impairs enjoyment of the unit, the tenant may move out at once and give written notice within 14 days to end the lease, or, if staying is lawful, vacate the unusable part and pay rent reduced in proportion. Ala. Code § 35-9A-406(a)
• When the lease ends under one of these remedies, return all recoverable security and all unearned prepaid rent. Ala. Code § 35-9A-401(d) Ala. Code § 35-9A-404(b)(1) Ala. Code § 35-9A-406(b)

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)

• Local building and housing codes may set lock rules, and cities may enforce such codes if they apply equally to similar owner-occupied homes. Ala. Code § 35-9A-121 Ala. Code § 35-9A-204(a)(1)

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)

• The tenant must meet the obligations building and housing codes place mainly on tenants, and must use the unit's facilities in a reasonable manner. Ala. Code § 35-9A-301(1), (5)

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)

• A tenant subjected to retaliation has a defense to your action for possession and may recover possession or end the lease and recover up to three months' periodic rent or actual damages, whichever is greater, and reasonable attorney's fees. Ala. Code § 35-9A-501(b) Ala. Code § 35-9A-407
• You may still bring an action for possession if the code violation was caused mainly by the tenant's lack of reasonable care, the tenant is in default in rent, the required repairs would effectively deprive the tenant of use of the unit, or for another material violation of the lease. Ala. Code § 35-9A-501(c)
• Bringing such an action does not release you from liability to the tenant for damages for your own noncompliance. Ala. Code § 35-9A-501(d) Ala. Code § 35-9A-401(b)
• The section sets no time window and no presumption of retaliation. Ala. Code § 35-9A-501

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

• If you unlawfully remove or exclude the tenant or willfully cut essential services, the tenant may recover possession or end the lease and recover up to three months' periodic rent or actual damages, whichever is greater, and reasonable attorney's fees; if the lease ends, return all recoverable security and unearned prepaid rent. Ala. Code § 35-9A-407
• Distraint for rent is abolished, and a lien on the tenant's household goods is unenforceable unless it was perfected before January 1, 2007. Ala. Code § 35-9A-425

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)

• Because a month-to-month notice must end on a periodic rental date, for rent due on the 1st a notice delivered on September 10 can end the tenancy no earlier than November 1. Ala. Code § 35-9A-441(b)
• If a tenant stays after the tenancy ends without your consent, you may bring an action for possession, and for a willful holdover not in good faith you may also recover up to three months' periodic rent or your actual damages, whichever is greater, and reasonable attorney's fees. Ala. Code § 35-9A-441(c)
• If you consent to the tenant staying on, the tenancy becomes week to week or month to month. Ala. Code § 35-9A-441(c) Ala. Code § 35-9A-161(d)

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)

• A tenant may end the lease early for your uncured material breach or failure to maintain, for a willful or negligent failure to provide essential services, for serious fire or casualty damage, or for an unlawful ouster. Ala. Code § 35-9A-401(a) Ala. Code § 35-9A-404(b) Ala. Code § 35-9A-406(a) Ala. Code § 35-9A-407 See Tenant repair remedies on the Alabama page
• If you fail to deliver possession at the start, rent stops until you do, and the tenant may end the lease on written notice; you must then return all prepaid rent and security within five days. Ala. Code § 35-9A-402(a)
• The Act has no early termination right for victims of domestic violence. A court protection order may remove and exclude the abuser from the victim's residence, regardless of who owns it. Ala. Code §§ 35-9A-101 to 35-9A-603 Ala. Code § 30-5-7(b)(7)
• Federal military protection is separate from the Alabama Act. Under the SCRA, a covered servicemember with qualifying orders, such as a permanent change of station or a deployment of at least 90 days, may end an eligible residential lease without an early termination penalty. Give the landlord written termination notice and the required military documentation, such as orders or a commanding officer's letter. For monthly rent, termination generally takes effect 30 days after the next rent payment becomes due following proper delivery. Check eligibility, permitted delivery and the effective date rather than treating every military-related move as an immediate release. U.S. DOJ: SCRA housing rights and lease termination U.S. DOJ: Know Your Rights under the SCRA

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)

• The Act's general notice rules, including the rule that a mailed notice is received three days after mailing, do not apply to a notice to terminate a tenancy, so be ready to show when the tenant actually received it. Ala. Code § 35-9A-144(c), (e)
• If the tenant owes rent and is also in breach of another term, the seven business day nonpayment period governs. Ala. Code § 35-9A-421(b)
• Accepting rent with knowledge of a default waives your right to terminate for that breach unless you and the tenant agree otherwise after it occurs. Ala. Code § 35-9A-424 See Notice for other lease violations on the Alabama page
• Once the lease terminates you have a claim for possession and rent and a separate claim for actual damages and reasonable attorney's fees. Ala. Code § 35-9A-426

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)

• No breach may be cured more than twice in any 12-month period without your express written consent. Ala. Code § 35-9A-421(d)
• Illegal drug activity in the unit or common areas, illegal use, possession or discharge of a firearm or ammunition on the premises, and criminal assault of a tenant or guest on the premises (each with self-defense exceptions for firearms and assault) are noncurable defaults, and you may end the lease on a seven-day notice. So is a breach substantially the same as one already noticed and cured, if it happens within six months of the first. Ala. Code § 35-9A-421(d)
• Tenant duties include following building and housing code obligations, keeping the unit clean and safe, disposing of waste, keeping plumbing clear, using appliances reasonably, not damaging the premises, and not disturbing the neighbors' peaceful enjoyment. Ala. Code § 35-9A-301
• If a tenant's failure to maintain materially affects health and safety and can be fixed by repair, replacement of a damaged item or cleaning, and the tenant does not fix it as promptly as an emergency requires or within seven days after your written notice naming the breach and asking for the remedy in that time, you may enter, have the work done in a workmanlike manner, and bill the actual and reasonable cost as rent on the next due date, or for immediate payment if the lease has ended. Ala. Code § 35-9A-422
• Accepting rent with knowledge of a default, or accepting performance that varies from the lease, waives your right to terminate for that breach unless you agree otherwise after it occurs. Ala. Code § 35-9A-424
• A rule adopted after the tenant signs that substantially changes the tenant's use of the unit is not valid unless the tenant consents in writing, and the lease wins over any conflicting rule. Ala. Code § 35-9A-302(c)

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 the tenant cannot be served in person, service may be made by delivering the notice to a legally competent person living at the property or, if no one is found after reasonable effort, by posting it on the door. After posting, a copy must be mailed first class to the tenant the same day or by the close of the next business day, and service is complete on the mailing date. Ala. Code § 35-9A-461(c)
• Either party may appeal a district court eviction judgment to circuit court within seven days after it is entered. A tenant's appeal does not stop the writ unless the tenant pays the circuit court clerk all rent due since the case was filed and keeps paying rent as it comes due. Ala. Code § 35-9A-461(d)
• After a judgment for you, a writ of possession issues on your application, and the automatic stay on the writ lasts seven days. Ala. Code § 35-9A-461(e)
• Never use self-help: if you remove the tenant or cut essential services without a court order, the tenant may recover possession or end the lease and recover up to three months' periodic rent or actual damages, whichever is greater, plus reasonable attorney's fees. Ala. Code § 35-9A-427 Ala. Code § 35-9A-407 See Lockouts and utility shutoffs on the Alabama page

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)

• You may enter without consent when you reasonably believe the tenant has abandoned or surrendered the unit. Ala. Code § 35-9A-303(b)(5)
• After abandonment you must make reasonable efforts to re-rent at a fair rental. Ala. Code § 35-9A-423(c) See Ending a fixed-term lease early on the Alabama page
• Distraint for rent is abolished, so you may not hold the tenant's belongings to secure unpaid rent. Ala. Code § 35-9A-425(b)

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)

• You cannot recover attorney fees in a small claims case unless a licensed attorney represents you. Ala. Code § 12-12-31(c)
• An assignee of a claim, such as a collection buyer, must be represented by a licensed attorney, and no one other than a licensed attorney may file or prosecute a small claims case on behalf of the original owner of the claim. Ala. Code § 12-12-31(d)
• For a small claims case over $1,500, the docket fee is the same as for other district court cases. Ala. Code § 12-12-31(f)

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

• A court may refuse to enforce an unconscionable lease, enforce it without the unconscionable term, or limit that term. Ala. Code § 35-9A-143(a)
• If you do not sign and deliver a written lease the tenant signed, accepting rent without reservation gives it the same effect as if you had signed; a lease given effect this way for a term over one year is effective for only one year. Ala. Code § 35-9A-162
• The Act itself provides attorney's fees in set cases, for example to you for the tenant's noncompliance, after termination, or for a willful holdover. Ala. Code § 35-9A-421(c) Ala. Code § 35-9A-426 Ala. Code § 35-9A-441(c)

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

• The Act does not govern some arrangements, including residence in an institution incidental to care or detention, a buyer occupying under a contract of sale, transient hotel or motel stays, an employee whose housing depends on the job, owners of condominium or cooperative units, and a seller staying up to 36 months after a sale. Ala. Code § 35-9A-122
• A separate law, effective October 1, 2026, authorizes a Class 1 municipality to adopt a registration and maintenance ordinance for vacant residential or commercial property. The program applies only if the municipality adopts an ordinance. Check the Act's vacancy definition, property exclusions and exemptions; this page has not reviewed an adopted city ordinance. Alabama Act 2026-511, § 1, 2, 5, 6, 10
• An ordinance under that Act must cap the initial annual registration fee at $250. Later annual fees may not exceed 150 percent of the preceding fee, capped at $1,000. It must provide exemptions, including time-limited relief for property marketed in good faith for sale or lease on commercially reasonable terms and specified restoration or temporary-absence situations. An ordinance may allow inspections with at least ten days' prior notice and fines up to $1,000 per violation; unpaid fees or fines become liens only after a notice is recorded. Alabama Act 2026-511, § 7(d), 8(b), 8(c)