Free Alabama Residential Lease Agreement
A configurable Alabama residential lease agreement that generates a signable multi-page PDF. Built to the Alabama Uniform Residential Landlord and Tenant Act — the one-month deposit cap, the 60-day accounting that costs double if you miss it, and the attorney-fee clause Alabama prohibits.
An Alabama residential lease agreement is the written contract governed by the Alabama Uniform Residential Landlord and Tenant Act, codified at Ala. Code Title 35, Chapter 9A. Alabama adopted the uniform act relatively late, in 2006, and the version it adopted is unusually landlord-friendly in some places and unusually strict in others — which is exactly why a generic lease template goes wrong here. Alabama caps the security deposit at one month’s rent, and it backs the 60-day return deadline with a double-deposit penalty. It requires only two days’ notice to enter, and lets the landlord give that notice by taping a note to the door. Its eviction notices run in business days, not calendar days. And most importantly, Alabama prohibits the attorney-fee clause that nearly every lease template in circulation includes by default. The generator below builds a lease that reflects each of those rules as the statute actually reads.
Alabama Lease Rules at a Glance
Security Deposit Cap
1 Month
Deposit Return
60 Days
Entry Notice
2 Days
Month-to-Month Notice
30 Days
Three Alabama Rules That Catch Landlords Out
First, the double-deposit penalty. Alabama gives the landlord sixty days after termination and delivery of possession to mail the deposit with an itemized accounting. Miss it and Ala. Code 35-9A-201(f) requires paying the tenant double the original deposit — not double the amount withheld, double the whole deposit. Second, business days. The seven-day notice for unpaid rent and the seven-day notice to cure both run in business days under Ala. Code 35-9A-421, so a notice counted in calendar days is served short and the eviction can fail on the papers. Third, the attorney-fee clause. Alabama is one of the few states that affirmatively prohibits it. A landlord who copies a generic lease into Alabama has almost certainly imported a void provision and, if they try to enforce it, a statutory damages claim against themselves.
How to Fill Out This Alabama Lease Agreement
1. Name the parties, the manager, and the owner
Alabama asks for two identifications, not one. Ala. Code 35-9A-202 requires the written name and business address of the person authorized to manage the premises and of an owner, or someone authorized to act for the owner, for service of process and for receiving notices and demands.
2. Describe the premises and choose the term
Enter the full address, county, and property type, then choose a fixed term or a periodic tenancy. A lease running longer than one year must be in writing to satisfy the Alabama Statute of Frauds at Ala. Code 8-9-2(5).
3. Set rent, the due day, and any late fee
Rent is payable without demand or notice at the beginning of each period unless the parties agree otherwise. Alabama sets no statutory grace period and no cap on late fees, so if you want either, the lease must create it.
4. Set the deposit within the one-month cap
Alabama forbids security above one month’s periodic rent. If you are taking more, you must be relying on one of exactly three statutory exceptions — pets, changes to the premises, or increased liability risks — and the form makes you name which.
5. Allocate every utility
Assign electricity, gas, water, sewer, trash, internet, and yard care. Remember that the landlord’s duty to supply running water, hot water at all times, and reasonable heat comes from Ala. Code 35-9A-204(6) and is not shifted by a utility allocation.
6. Check the two disclosures Alabama requires
Manager and owner identification, and federal lead paint for pre-1978 housing. That is the entire list. If your template is asking about radon, flood zones, or bed bugs, it was written for another state.
7. Generate, sign, and calendar the 60-day deadline
Download the multi-page PDF and sign. No witnesses and no notary are required in Alabama. Then put the 60-day deposit accounting deadline in your calendar the day the tenant hands back the keys, because missing it doubles the deposit.
Build Your Alabama Residential Lease Agreement
Complete the fields below to generate an Alabama residential lease agreement as a signable multi-page PDF. Every field you fill is written into the document, including the utility allocations and each disclosure you check, and the generated lease cites the controlling Alabama section at each point. Before you hand keys to anyone, run proper tenant screening — the lease governs the relationship, screening decides whether you want it. Pair the signed lease with an Alabama move-in / move-out checklist so the 60-day accounting rests on documented condition rather than memory.
Alabama Residential Lease Agreement Builder
1. Parties
2. Premises
3. Term
4. Rent
5. Security Deposit — capped at one month’s rent
Ala. Code 35-9A-201(a) forbids security in excess of one month’s periodic rent, with only three exceptions. If you are taking more than one month, you must select the statutory reason.
6. Utilities & Services
Assign each utility. Every selection below is written into the generated lease.
7. Alabama Disclosures
Alabama requires only manager and owner identification. Lead paint is federal. Alabama does not mandate radon, flood, bed bug, asbestos, methamphetamine, ordnance or sex-offender disclosures — templates that print them are drawn from another state’s law.
8. Other Provisions
There is deliberately no attorney-fee option here. Ala. Code 35-9A-163(a)(3) makes a tenant’s agreement to pay the landlord’s attorney fees or cost of collection a prohibited provision, and knowingly enforcing one exposes the landlord to actual damages plus one month’s rent plus the tenant’s fees.
What Types of Alabama Lease Agreement Are There?
Alabama recognizes the standard range of residential arrangements, and the type determines how the tenancy ends. A fixed-term lease runs for a stated period and expires on its own terms. A periodic tenancy renews each period until one side gives notice. Under Ala. Code 35-9A-161(d), when a rental agreement does not fix a definite term, the tenancy is week-to-week if the tenant pays weekly rent and month-to-month in every other case. That default is why an informal arrangement to pay monthly rent creates a month-to-month tenancy by operation of law, with all of Chapter 9A attached to it, even when nothing was signed.
Beyond those, a room or roommate agreement covers a tenant renting one room in an occupied dwelling; a sublease transfers the tenant’s interest to a subtenant while leaving the original tenant liable to the landlord, and is only available where the lease permits it; and a lease-to-own agreement bolts a purchase option onto a tenancy and should be drafted with counsel, since the purchase terms sit outside Chapter 9A. Two categories fall outside this form entirely: a commercial lease is not governed by Chapter 9A at all, and Chapter 9A also excludes several residential situations by its own terms, including occupancy in a hotel or motel, occupancy by a purchaser under a contract of sale, and residence in an institution incident to detention or medical care.
One drafting point specific to Alabama: because Ala. Code 8-9-2(5) is the Statute of Frauds provision covering leases longer than one year, an oral agreement for an eighteen-month tenancy is not enforceable for its full term. Landlords sometimes assume a handshake extension carries the original written lease forward. It does not, and the tenancy usually reverts to month-to-month under Ala. Code 35-9A-161(d), which changes the notice required to end it.
How Much Can an Alabama Landlord Charge for a Security Deposit?
No more than one month’s periodic rent. Ala. Code 35-9A-201(a) prohibits a landlord from demanding or receiving money as security in an amount in excess of one month’s periodic rent. That is a hard statutory cap, and it is one of the sharpest differences between Alabama and states like Florida, which sets no cap at all.
The statute then carves out exactly three exceptions, and they are narrow. Security above one month may be taken for pets, for changes to the premises, or for increased liability risks to the landlord or the premises. Nothing else qualifies. A landlord asking for a large deposit because the applicant’s credit is thin, or because the market is tight, is outside the exceptions. This is why the form above makes you select which exception you are relying on rather than silently accepting any number: if the deposit exceeds one month, the lease should say on its face why the statute permits it.
Note also what the cap covers. It reaches money held “as security” for the tenant’s obligations, which is why a refundable pet deposit sits inside the analysis while genuinely non-refundable fees for a service actually rendered generally do not. The safest drafting is to state the deposit, state any pet deposit separately, and name the exception. The deeper treatment lives in our Alabama security deposit laws guide.
What Happens If the Landlord Misses the 60-Day Deposit Deadline?
The landlord pays double the tenant’s original deposit. This is the single most consequential deadline in Alabama residential tenancy law, and it is worth stating precisely because it is routinely misdescribed.
Ala. Code 35-9A-201(b) requires that, on termination of the tenancy, money held as security may be applied to accrued rent and to damages the landlord suffered from the tenant’s noncompliance with Ala. Code 35-9A-301 — all as itemized by the landlord in a written notice delivered to the tenant together with the amount due, sixty days after termination of the tenancy and delivery of possession. Subsection (c) adds that if the landlord does not refund the entire deposit, the landlord must within that same 60-day period give the tenant an itemized list of the amounts withheld. Subsection (e) confirms that mailing by first class mail to the address the tenant provided in writing, within sixty days, is sufficient compliance.
Then subsection (f): if the landlord fails to mail a timely refund or accounting within the 60-day period, the landlord shall pay the tenant double the amount of the tenant’s original deposit. Not double the amount improperly withheld — double the whole deposit. A landlord who was entitled to keep every dollar for genuine damage, but who mails the accounting on day sixty-one, can owe twice what they held. Nothing in the section makes the penalty discretionary.
Two mechanics soften the edges slightly. Under subsection (d), the tenant must give a valid written forwarding address on vacating; if the tenant does not, the landlord mails to the tenant’s last known address or to the property itself, and a deposit or check left unclaimed for ninety days is forfeited by the tenant. And under subsection (g), the section does not preclude either party from recovering other damages they are owed. Use the Alabama security deposit itemization form to build the itemized statement, and send it early.
When Is Rent Due, and What Late Fee Can an Alabama Landlord Charge?
Rent is payable without demand or notice at the time and place the parties agreed. Ala. Code 35-9A-161(c) supplies the defaults where the lease is silent: rent is payable at the dwelling unit, periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month, and rent is uniformly apportionable day to day. That last clause is what makes a prorated first or final month lawful.
Alabama sets no statutory grace period. If rent is due on the first, it is late on the second unless the lease creates a grace period. And Alabama sets no cap on late fees — there is no residential late-fee statute in Chapter 9A at all. The practical limits are contractual and judicial: the fee must be in the lease to be chargeable, and a fee wildly out of proportion to the landlord’s actual loss invites a challenge as an unenforceable penalty rather than a genuine estimate of damages. Our Alabama late fee laws guide covers the drafting in more detail.
Alabama also has no rent-control statute and no rent-increase notice statute. On a fixed-term lease, rent cannot change mid-term unless the lease says so. On a periodic tenancy, a rent change is accomplished by giving the notice that would end the tenancy — thirty days for month-to-month — and offering new terms. That is a meaningful difference from states with a dedicated rent-increase notice period, and it is a common source of confusion for landlords operating in several states.
How Much Notice Must an Alabama Landlord Give to Enter?
Two days, and the notice may be a note taped to the door. Ala. Code 35-9A-303 lets the landlord enter to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The tenant may not unreasonably withhold consent.
For showing the premises, the landlord must give at least two days’ notice, and the statute expressly provides that posting a note on the entry door stating the time and purpose of the intended entry satisfies the notice requirement. Where notice of repairs or maintenance was already given more than two days in advance, no further notice is needed. The tenant may agree to a shorter period.
The landlord may enter without consent or notice in case of emergency, under court order, as permitted by Ala. Code 35-9A-422 and 35-9A-423(b), or where the landlord reasonably believes the tenant has abandoned the unit. A tenant’s request for repairs is itself consent to enter and perform them. What the landlord may not do is abuse the right of access or use it to harass the tenant, which the statute states in terms. Our Alabama notice to enter form produces a dated notice that documents compliance, which matters because a door note leaves no record unless you photograph it.
Who Repairs What in an Alabama Rental?
Ala. Code 35-9A-204 places six duties on the landlord: comply with applicable building and housing codes materially affecting health and safety; make all repairs and do whatever is necessary to put and keep the premises in a habitable condition; keep all common areas clean and safe; maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances supplied by the landlord, including elevators; provide and maintain receptacles for garbage and arrange for its removal; and supply running water and reasonable amounts of hot water at all times and reasonable heat, except where the building is not required by law to be equipped for that purpose. Where the code duty is greater than any other listed duty, the code duty controls. The tenant gets no rights under the section for a condition the tenant, a family member, or a guest caused.
Ala. Code 35-9A-301 sets the tenant’s seven duties: comply with code obligations materially affecting health and safety; keep the occupied part of the premises as clean and safe as its condition permits; dispose of ashes, garbage, rubbish and other waste in a clean and safe manner; keep plumbing fixtures as clean as their condition permits; use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities reasonably; not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises, nor knowingly permit anyone else to; and conduct themselves, and require guests to conduct themselves, so as not to disturb neighbors’ peaceful enjoyment.
When the landlord does not repair, the tenant follows Ala. Code 35-9A-401: deliver written notice specifying the breach and stating that the lease terminates on a date not less than fourteen days after receipt if the breach is not remedied within that period. If the landlord adequately remedies it in time, the lease continues. The tenant may also recover actual damages, reasonable attorney fees, and injunctive relief — note that this is a statutory fee award to the tenant, which exists independently of any lease clause. On termination under this section the landlord returns all security and unearned prepaid rent. And under Ala. Code 35-9A-405, a tenant who counterclaims in a possession or rent action while still in possession must pay accruing rent into court as it comes due. A dated habitability record is what makes that notice credible.
How Does an Alabama Tenancy End?
For a tenancy without a fixed term, Ala. Code 35-9A-441 sets the notice periods. Either party may terminate a week-to-week tenancy by written notice given at least seven days before the termination date stated in the notice, and a month-to-month tenancy by written notice given at least thirty days before the periodic rental date stated in the notice. The phrasing matters: the thirty days runs to the periodic rental date, not to an arbitrary date the landlord picks.
If the tenant remains in possession without the landlord’s consent after expiration or termination, the landlord may bring an action for possession. Where the holdover is willful and not in good faith, the landlord may recover the greater of up to three months’ periodic rent or actual damages, plus reasonable attorney fees. That fee award, again, comes from the statute rather than from a lease clause — which is how Alabama can prohibit fee-shifting clauses while still awarding fees in defined situations. If the landlord consents to continued occupancy, the arrangement is governed instead by Ala. Code 35-9A-161(d), and typically becomes a month-to-month tenancy.
Alabama has no early-termination-fee statute of the kind Florida provides, and no servicemember termination provision inside Chapter 9A — military tenants rely on the federal Servicemembers Civil Relief Act instead. Both points are worth knowing because multi-state templates frequently carry a state-specific early-termination addendum that has no Alabama authority behind it. Our Alabama breaking-lease laws guide covers when a tenant may leave without liability, and Alabama lease termination laws covers the notice mechanics.
What Notice Comes Before an Eviction in Alabama?
Seven business days — and the word “business” is the part that gets missed. Ala. Code 35-9A-421 governs both tracks. If rent is unpaid when due, the landlord may deliver a written notice specifying the amount of rent and any late fees owed to remedy the breach, and stating that the rental agreement terminates on a date not less than seven business days after receipt of the notice. For a material breach other than nonpayment, the landlord delivers written notice specifying the acts and omissions constituting the breach and stating that the agreement terminates on a date not less than seven business days after receipt if the breach is not remedied in that period.
Two further limits sit inside the same section and are frequently overlooked. First, the two-cure limit: no breach of any term or obligation of the lease may be cured by a tenant more than two times in any twelve-month period except by the landlord’s express written consent. A tenant who has already cured twice has no statutory right to cure a third time. Second, certain defaults are not curable at all — illegal drug activity, illegal use of a firearm, criminal assault, and a substantially identical breach recurring within six months — and the landlord may terminate without offering an opportunity to remedy. Our Alabama seven-day notice to pay rent or quit and notice to cure or quit handle each track.
What a landlord may never do is take possession outside the court process. Ala. Code 35-9A-407 provides that if the landlord unlawfully removes or excludes the tenant, or willfully diminishes services by interrupting heat, running water, hot water, electric, gas or other essential service, the tenant may recover possession or terminate the lease and, either way, recover the greater of up to three months’ periodic rent or actual damages, plus reasonable attorney fees. Alabama also prohibits retaliation under Ala. Code 35-9A-501 — a landlord may not discriminatorily raise rent, cut services, or bring or threaten a possession action because the tenant complained to a code enforcement agency, complained to the landlord about a Section 35-9A-204 violation, or organized or joined a tenant organization.
What Happens to Property Left Behind?
Alabama is markedly more landlord-friendly here than most states, and the timing is unusual enough to state carefully. Under Ala. Code 35-9A-423, if the lease requires the tenant to notify the landlord of an anticipated absence in excess of fourteen days and the tenant does not, the landlord may recover actual damages. During any absence exceeding fourteen days, the landlord may enter the unit at times reasonably necessary. If the tenant abandons the unit, the landlord must make reasonable efforts to rent it at a fair rental.
Then the provision that has no analogue in many states: if the tenant leaves property in the unit more than fourteen days after termination, the landlord has no duty to store or protect the tenant’s property and may dispose of it without obligation. There is no statutory notice-and-reclaim procedure of the kind Florida provides. Landlords should still document what was left and photograph it, because the protection depends on the tenancy having actually terminated and on the fourteen days having run.
Finally, subsection (e) supplies a bright-line abandonment indicator: in addition to any other means by which a landlord determines that a property has been abandoned, a property shall be considered abandoned if the electric service to the property has been terminated for seven consecutive days. That is a useful, checkable fact rather than a judgment call — but it is an indicator of abandonment, not a licence to skip the possession process where the tenant is plainly still in occupation.
Which Lease Clauses Are Prohibited in Alabama?
Ala. Code 35-9A-163 lists four provisions a rental agreement may not contain, and this is where most imported templates fail. A rental agreement may not provide that the tenant:
- Waives or forgoes rights or remedies under Ala. Code 35-9A-204 (landlord’s duty to maintain), 35-9A-401 (tenant’s remedy for landlord noncompliance), or 35-9A-404.
- Authorizes any person to confess judgment on a claim arising out of the rental agreement.
- Agrees to pay the landlord’s attorney fees or cost of collection. This is the one that catches almost everyone.
- Agrees to the exculpation or limitation of any liability of the landlord arising under law, or to indemnify the landlord for that liability.
Provisions prohibited by the section are unenforceable. And subsection (b) adds a penalty with real teeth: where a landlord attempts to enforce a provision the landlord knew was prohibited, the tenant may recover, in addition to actual damages, an amount up to one month’s periodic rent and reasonable attorney fees. So the fee-shifting clause a landlord copied in to protect themselves becomes the basis of a fee award against them.
It is worth being precise about what this does not mean, because the rule is often overstated. Alabama does award attorney fees in residential disputes — it simply awards them by statute rather than by contract. A tenant recovers fees under Ala. Code 35-9A-401 for landlord noncompliance and under 35-9A-407 for unlawful ouster or utility cutoff. A landlord recovers fees under 35-9A-441 on a willful bad-faith holdover, and under 35-9A-405 where a tenant’s defense or counterclaim is without merit and not raised in good faith. Those awards survive; a lease clause purporting to create fee-shifting does not. The lease this page generates therefore contains no attorney-fee clause at all, and says so expressly.
Which Disclosures Does Alabama Actually Require?
One under state law, plus one federal. That is the complete list, and it is far shorter than most templates suggest.
Manager and owner identification — Ala. Code 35-9A-202. The landlord must disclose in writing, at or before the commencement of the tenancy, the name and business address of the person authorized to manage the premises, and of an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for receiving and receipting for notices and demands. The information must be kept current, and the requirement extends to and is enforceable against any successor landlord, owner or manager. Note that Alabama asks for two identifications where many states ask for one, which is why the form above has separate manager fields.
Lead-based paint — federal, 42 U.S.C. 4852d. Any dwelling built before 1978 requires the federal disclosure, the EPA pamphlet, and any known records or reports. Not an Alabama rule, but it applies in Alabama and carries federal penalties. Our Alabama lead-based paint disclosure form handles it.
Alabama does not require a radon disclosure, a flood-risk disclosure, a bed bug disclosure, a mold disclosure, an asbestos disclosure, a methamphetamine contamination disclosure, a military ordnance proximity disclosure, a shared-utility disclosure, a demolition notice, or a sex-offender registry notice in a residential lease. Every one of those comes from another state’s statute book. Including a voluntary disclosure does no harm, but citing an Alabama section for it does, because it signals a document nobody has checked against Chapter 9A.
Alabama Lease Statute Reference Table
| Subject | Alabama Rule | Citation |
|---|---|---|
| Security deposit cap | One month’s periodic rent; exceptions for pets, changes to premises, increased liability risk | Ala. Code 35-9A-201(a) |
| Deposit return | 60 days after termination and delivery of possession, itemized in writing | Ala. Code 35-9A-201(b)–(c) |
| Missing the deadline | Landlord pays DOUBLE the original deposit | Ala. Code 35-9A-201(f) |
| Forwarding address | Tenant must give one in writing; unclaimed deposit forfeited after 90 days | Ala. Code 35-9A-201(d) |
| Rent due / proration | Without demand at the beginning of each period; apportionable day to day | Ala. Code 35-9A-161(c) |
| Default tenancy type | Week-to-week if rent is weekly; month-to-month otherwise | Ala. Code 35-9A-161(d) |
| Late fees | No cap and no statutory grace period; the lease controls | no Alabama late-fee statute |
| Prohibited lease provisions | No waiver of 204/401/404, no confession of judgment, no landlord attorney fees, no exculpation | Ala. Code 35-9A-163 |
| Landlord disclosure | Name and business address of manager AND owner or agent for process | Ala. Code 35-9A-202 |
| Landlord maintenance duties | Codes, habitability, common areas, facilities, garbage, water and heat | Ala. Code 35-9A-204 |
| Tenant maintenance duties | Clean and safe, waste disposal, fixtures, reasonable use, no damage, no disturbance | Ala. Code 35-9A-301 |
| Landlord entry | 2 days’ notice to show; a note on the entry door suffices | Ala. Code 35-9A-303 |
| Tenant remedy for no repair | 14-day written notice to remedy; damages, fees, injunctive relief | Ala. Code 35-9A-401 |
| Rent into court on counterclaim | Tenant in possession pays accruing rent into court | Ala. Code 35-9A-405 |
| Unlawful ouster / utility cutoff | Greater of 3 months’ rent or actual damages, plus attorney fees | Ala. Code 35-9A-407 |
| Eviction notices | 7 BUSINESS days for nonpayment and for cure; 2 cures max per 12 months | Ala. Code 35-9A-421 |
| Absence and abandonment | Entry after 14 days’ absence; property left 14 days after termination may be disposed of; electric off 7 days indicates abandonment | Ala. Code 35-9A-423 |
| Periodic tenancy termination | 7 days week-to-week; 30 days month-to-month before the periodic rental date | Ala. Code 35-9A-441 |
| Willful holdover | Greater of up to 3 months’ rent or actual damages, plus attorney fees | Ala. Code 35-9A-441 |
| Retaliation | No rent increase, service cut, or possession action for protected complaints | Ala. Code 35-9A-501 |
| Mitigation of damages | Duty to mitigate, but a landlord may first rent other vacant units | Ala. Code 35-9A-105 |
| Writing requirement | Leases longer than one year must be in writing; no witnesses or notary required | Ala. Code 8-9-2(5) |
Common Mistakes on Alabama Lease Agreements
- Including an attorney-fee clause. Ala. Code 35-9A-163(a)(3) prohibits it. The clause is void, and knowingly enforcing it costs actual damages plus up to one month’s rent plus the tenant’s fees.
- Taking more than one month’s security without naming an exception. Only pets, changes to the premises, or increased liability risks justify exceeding the cap.
- Counting the seven-day notice in calendar days. Both the nonpayment notice and the cure notice run in business days under Ala. Code 35-9A-421.
- Mailing the deposit accounting on day sixty-one. The penalty is double the entire deposit, not double the amount withheld, and the statute gives the court no discretion.
- Forgetting the manager identification. Alabama requires the manager and the owner or the owner’s process agent, not just one of them.
- Importing radon, flood, or bed bug disclosures. None are required in Alabama, and citing an Alabama section for them is a tell that the lease was never checked against Chapter 9A.
- Assuming an unlimited right to cure. Two cures in any twelve-month period is the statutory limit without the landlord’s written consent.
- Adding an indemnity or exculpation clause. Prohibited by Ala. Code 35-9A-163(a)(4), and it carries the same statutory penalty as the fee clause.
- Relying on an oral extension of a long lease. A lease longer than one year must be written under Ala. Code 8-9-2(5); an informal extension usually leaves a month-to-month tenancy instead.
- Treating the door-note entry rule as universal. The two-day notice and the note-on-the-door method apply to showing the premises; emergencies, court orders, and reasonable belief of abandonment are separate paths.
- Disposing of a tenant’s property too early. The no-duty-to-store rule applies only to property left more than fourteen days after the tenancy has actually terminated.
- Using a residential lease for a commercial tenancy. Chapter 9A does not govern commercial leases, and it excludes hotel occupancy, purchasers in possession, and institutional residence as well.
Tenant Screening — the First Line of Defense
A well-drafted lease decides who wins a dispute; screening decides whether there is a dispute at all. Alabama gives a landlord a relatively fast path to possession compared with many states, but it also removes the fee-shifting clause landlords elsewhere rely on to make a marginal tenancy survivable — so the cost of placing the wrong tenant lands more squarely on the landlord here. Verifiable income, a clean payment history, and no prior eviction filings remain the strongest predictors of a quiet tenancy. Our tenant screening report covers credit, eviction filings, criminal background, and employment verification. Screen first, then paper the tenancy with this lease.
Bottom line
An Alabama lease is governed by the Alabama Uniform Residential Landlord and Tenant Act at Ala. Code Chapter 9A, and the statute overrides anything the lease says that conflicts with it. Security is capped at one month’s rent with only three exceptions, and the accounting is due within sixty days of termination and delivery of possession — miss it and you owe double the entire deposit. Entry to show the unit takes two days’ notice, satisfiable by a note on the door. Eviction notices run seven business days, and a tenant may cure only twice in twelve months. Disclose the manager and the owner, add federal lead paint for pre-1978 housing, and nothing else. Above all, do not include an attorney-fee, indemnity, exculpation, or confession-of-judgment clause — Alabama prohibits all four.
Frequently Asked Questions
How much can an Alabama landlord charge for a security deposit?
No more than one month’s periodic rent. Ala. Code 35-9A-201(a) prohibits demanding or receiving security in excess of one month’s rent, with three exceptions: pets, changes to the premises, or increased liability risks to the landlord or the premises. A larger deposit taken for any other reason — thin credit, a tight market, a co-signer’s absence — falls outside the statutory exceptions.
How long does an Alabama landlord have to return a security deposit?
Sixty days after termination of the tenancy and delivery of possession, together with a written itemized notice of any amounts applied. Mailing by first class mail to the address the tenant provided in writing, within that period, is sufficient compliance. If the landlord fails to mail a timely refund or accounting within the sixty days, Ala. Code 35-9A-201(f) requires paying the tenant double the amount of the original deposit.
Can an Alabama lease make the tenant pay the landlord’s attorney fees?
No. Ala. Code 35-9A-163(a)(3) makes a tenant’s agreement to pay the landlord’s attorney fees or cost of collection a prohibited provision. Such a clause is unenforceable, and if the landlord knowingly attempts to enforce it the tenant may recover actual damages plus up to one month’s periodic rent plus reasonable attorney fees. Alabama still awards fees by statute in defined situations, but never through a lease clause.
How much notice must an Alabama landlord give before entering?
At least two days’ notice to show the premises under Ala. Code 35-9A-303, and the statute expressly allows that notice to be given by posting a note on the entry door stating the time and purpose. No notice is required in an emergency, under court order, under Ala. Code 35-9A-422 or 35-9A-423(b), or where the landlord reasonably believes the unit has been abandoned. A tenant’s repair request is consent to enter and perform it.
How much notice ends an Alabama month-to-month tenancy?
Thirty days before the periodic rental date stated in the notice, under Ala. Code 35-9A-441. A week-to-week tenancy takes at least seven days’ written notice before the termination date stated. Alabama has no separate rent-increase notice statute, so changing rent on a periodic tenancy is done by giving that same termination notice and offering new terms.
What notice comes before an eviction in Alabama?
For unpaid rent, a written notice specifying the rent and any late fees owed and stating that the agreement terminates on a date not less than seven business days after receipt. For another material breach, a written notice specifying the acts and omissions and giving not less than seven business days to remedy. Both run in business days under Ala. Code 35-9A-421, which is the counting error that most often defeats an Alabama eviction.
How many times can an Alabama tenant cure a lease violation?
Twice in any twelve-month period. Ala. Code 35-9A-421 provides that no breach may be cured by a tenant more than two times in any twelve months except by the landlord’s express written consent. Separately, illegal drug activity, illegal firearm use, criminal assault, and a substantially identical breach recurring within six months are not curable at all, and the landlord may terminate without offering a chance to remedy.
What disclosures does Alabama require in a residential lease?
One under state law: the name and business address of the person authorized to manage the premises and of an owner or the owner’s agent for service of process, under Ala. Code 35-9A-202, kept current and binding on successors. Federal law adds the lead-based paint disclosure for housing built before 1978. Alabama does not require radon, flood, bed bug, mold, asbestos, methamphetamine, military ordnance, shared-utility, or sex-offender registry disclosures.
When is a property considered abandoned in Alabama?
Ala. Code 35-9A-423 lets the landlord enter during any tenant absence over fourteen days, and provides that in addition to any other means of determining abandonment, a property is considered abandoned if electric service has been terminated for seven consecutive days. Property the tenant leaves more than fourteen days after termination may be disposed of with no duty to store or protect it — Alabama has no notice-and-reclaim procedure of the kind many states provide.
Can an Alabama tenant withhold rent until repairs are made?
Not unilaterally. Under Ala. Code 35-9A-401 the tenant delivers written notice specifying the breach and stating that the lease terminates on a date not less than fourteen days after receipt if it is not remedied. The tenant may also recover actual damages, reasonable attorney fees, and injunctive relief. If the tenant raises a counterclaim in a possession or rent action while in possession, Ala. Code 35-9A-405 requires paying accrued and accruing rent into court.
Does an Alabama lease need to be witnessed or notarized?
No. Alabama requires neither subscribing witnesses nor notarization for a residential lease. A lease for a term longer than one year must be in writing to satisfy the Alabama Statute of Frauds at Ala. Code 8-9-2(5); a lease of one year or less may be oral, though a written lease is strongly preferred because it is the only reliable evidence of the agreed terms.
Who is responsible for pest control and appliances in an Alabama rental?
Alabama does not itemize pest control the way some states do. Ala. Code 35-9A-204 requires the landlord to keep the premises habitable, comply with codes materially affecting health and safety, and maintain in good and safe working order all facilities and appliances the landlord supplies. So appliances the landlord provides are the landlord’s to maintain, while an infestation is generally analyzed through the habitability and code-compliance duties. Because the statute is general here, the lease should state explicitly which appliances are supplied and who handles routine pest treatment.
Screen the applicant before you sign the lease
Alabama prohibits the fee-shifting clause landlords elsewhere rely on, so a marginal tenancy costs more here. Tenant Screening Background Check has been verifying Alabama renters since 2004 — credit, eviction filings, criminal background, and employment verification, across all fifty states and DC, with no monthly fees.
Related Alabama Forms & Guides
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