Alabama Residential Lease Agreement

Important Information for Alabama Landlords

Alabama Rental Law Highlights

Security Deposits (Ala. Code § 35-9A-201)

• Maximum Amount: One month’s rent (if rent is paid monthly) (Ala. Code § 35-9A-201)
• Return Timeline: 60 days after tenant vacates (extended to 35 days if itemization provided)
• Itemized Statement: Required if any deductions are made (Ala. Code § 35-9A-201)
• Interest Not Required: No statutory requirement to pay interest
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Penalties: Twice the wrongfully withheld amount if landlord fails to comply

Rent and Rent Increases (Ala. Code § 35-9A-301)

• Grace Period: No statutory grace period required
• Late Fees: Must be reasonable; typically stated in lease
• Rent Increase Notice: 30 days for month-to-month tenancies (standard practice)
• Fixed Term: Cannot increase rent during lease term unless specified
• No Rent Control: Alabama does not have rent control laws

Required Disclosures

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord’s name and address (Ala. Code § 35-9A-202)
• Move-in condition documentation (recommended)
• Smoke detector information

Eviction and Termination (Ala. Code § 35-9A-421, 35-9A-441)

• 7-Day Notice: For nonpayment of rent (Ala. Code § 35-9A-421)
• 7-Day Notice: For lease violations that can be remedied
• 30-Day Notice: To terminate month-to-month tenancy (either party)
• Court Process Required: Must file unlawful detainer action in district court
• No Self-Help: Lockouts and utility shutoffs are illegal (Ala. Code § 35-9A-427)

Landlord Obligations (Ala. Code § 35-9A-204, 35-9A-301)

• Habitability: Must maintain premises in fit and habitable condition
• Essential Services: Heat, water, hot water must be functional
• Compliance: Must comply with applicable building and housing codes (Ala. Code § 35-9A-204)
• Structural Integrity: Maintain in safe and weathertight condition
• Smoke Detectors: Required in all dwelling units
• Common Areas: Keep clean and in good repair
• Repairs: Must make necessary repairs within reasonable time (typically 14 days)

Entry Requirements (Ala. Code § 35-9A-303)

• Notice Required: 2 days advance notice required (Ala. Code § 35-9A-303)
• Reasonable Times: Entry during reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants
• Court Order: May enter pursuant to court order

Tenant Rights and Protections

• Quiet Enjoyment: Right to peaceful possession without interference
• Privacy Rights: Right to 2 days notice before entry (Ala. Code § 35-9A-303)
• Repair Remedies: May repair and deduct or terminate lease for serious violations
• Retaliation: Landlord cannot retaliate for complaints (Ala. Code § 35-9A-501)
• Security Deposit Protection: Twice the wrongfully withheld amount as penalty
• Military Service: SCRA protections for active duty members

Alabama-Specific Considerations

Security Deposit Limits and Return (Ala. Code § 35-9A-201)

• Maximum one month’s rent for security deposit
• 60 days to return deposit after tenant vacates
• Extended 35-day timeline if itemization of deductions provided
• Must provide itemized statement if deductions made
• Twice the wrongfully withheld amount as penalty for bad faith
• Tenant must provide forwarding address in writing

Two-Day Entry Notice Requirement (Ala. Code § 35-9A-303)

• Landlord must give 2 days advance notice before entry
• Notice can be in person, by mail, or other reasonable method
• Entry must be at reasonable times
• Emergency entry allowed without notice
• For inspections, repairs, or showing property

Eviction Notice Periods (Ala. Code § 35-9A-421)

• 7 days for nonpayment of rent
• 7 days for lease violations that can be remedied
• 30 days to terminate month-to-month tenancy
• Must follow proper notice procedures
• Court filing required for unlawful detainer

Retaliation Protection (Ala. Code § 35-9A-501)

• Landlord cannot retaliate against tenant for:
• Complaining about housing code violations
• Complaining to landlord about repairs
• Joining or organizing tenant organizations
• Exercising legal rights under lease or law

Smoke Detector Requirements

• Smoke detectors required in all dwelling units
• Landlord responsible for installation and ensuring functionality at move-in
• Tenant responsible for battery replacement
• Tenant must notify landlord immediately of defects
• Carbon monoxide detectors recommended but not always required by state law

Fair Housing Requirements

Best Practices for Alabama Landlords

• Use comprehensive written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos
• Document property condition at move-in and move-out
• Limit security deposits to one month’s rent (required by law)
• Return deposits within 60 days (or 35 days with itemization)
• Provide 2 days notice before entering property (required by law)
• Keep detailed records of all transactions and communications
• Respond promptly to repair requests
• Maintain property to comply with housing codes
• Install and maintain working smoke detectors
• Never use self-help eviction methods
• Follow proper court procedures for evictions (unlawful detainer)
• Provide landlord contact information in lease
• Do not retaliate against tenants for exercising legal rights
• Consider landlord insurance with loss of rent coverage

Alabama Climate Considerations

• Hot, Humid Summers: Air conditioning is essential (often considered necessary habitability)
• Humidity Issues: Address mold and moisture concerns proactively
• Severe Weather: Tornadoes, hurricanes (coastal), severe storms common
• Hurricane Preparedness: Coastal properties need specific provisions
• Insulation: Important for both heat and cooling efficiency
• HVAC Maintenance: Critical in Alabama climate

Birmingham and Urban Area Considerations

• Local Ordinances: Additional requirements in Birmingham and other cities
• Rental Registration: Some cities require landlord registration
• Certificate of Occupancy: May be required in some jurisdictions
• Lead Paint: Prevalent in older housing stock; proper disclosure critical
• Rental Inspections: Some municipalities require periodic inspections

Rural Property Considerations

• Well Water: Landlord typically maintains well system
• Septic Systems: Clarify maintenance responsibilities
• Propane: Specify who pays and maintains
• Agricultural Land: Include specific provisions if applicable
• Private Roads: Specify maintenance responsibilities

Resources

• Alabama Code – Title 35, Chapter 9A (Uniform Residential Landlord and Tenant Act)
• Alabama State Bar Association – Real Property Section
• Legal Services Alabama
• Alabama Housing Finance Authority
• Local housing authorities
• District courts (for unlawful detainer proceedings)
• Alabama Apartment Association