Alabama

Alabama Landlord Tenant Key Rules

Official Alabama Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	1x monthly rent Ala. Code § 35-9A-201(a)
Security Deposit Interest:	No statute
Separate Security Deposit Bank Account:	No statute
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	Allowed for pets, alterations to the premises, and tenant activities that increase the risk of liability. Ala. Code § 35-9A-201(a)
Deadline for Returning Security Deposit:	Within 60 days of the termination of tenancy. Ala. Code § 35-9A-201(b)
Permitted Uses of the Deposit:	Applicable to owed rent and damages beyond normal wear and tear due to the tenant’s noncompliance with Ala. Code § 35-9A-301 . Ala. Code § 35-9A-201(b)
Security Deposit can be Withheld:	Yes Ala. Code § 35-9A-201(c)
Require Written Description/Itemized List of Damages and Charges:	Yes. A list itemizing the amounts withheld must be sent via first class mail to the tenant’s last known forwarding address within 60 days. Ala. Code § 35-9A-201(d)
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	No statute
Failure to Comply:	The landlord’s failure to mail the security deposit or itemized list within 60 days entitles the tenant to receive up to twice the amount of the security deposit paid. Ala. Code § 35-9A-201(f)

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	Due at the beginning of the month unless otherwise agreed to between landlord and tenant. Ala. Code § 35-9A-161(c)
Payment Methods:	No statute
Rent Increase Notice:	No statute
Late Fees:	No statute
Application Fees:	No statute
Prepaid Rent:	No statute
Returned Check Fees:	$30 + additional fees Ala. Code § 8-8-15
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	No. Agreement can terminate within 14 days of tenant sending a notice to landlord specifying noncompliance. Ala. Code § 35-9A-401
Tenant Allowed to Repair and Deduct Rent:	No statute
Self-Help Evictions:	No statute
Landlord Allowed to Recover Court and Attorney’s Fees:	Yes Ala. Code § 35-9A-421(c)
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	Yes. Does not supersede landlord’s right to rent other vacant units. Ala. Code § 35-9A-423(c)

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	10 day notice is required in writing for lease terms less than one year. Ala. Code § 35-9-5
Notice to Terminate a Periodic Lease – Week-to-week:	7 day notice Ala. Code § 35-9A-441(a)
Notice to Terminate a Periodic Lease – Month-to-Month:	30 day notice Ala. Code § 35-9A-441(b)
Notice to Terminate Lease due to Sale of Property:	No statute
Notice of date/time of Move-Out Inspection:	No statute
Notice of Termination for Nonpayment:	7 day notice to remedy or quit Ala. Code § 35-9A-421(a)
Notice for Lease Violation:	7 day notice to remedy or quit Ala. Code § 35-9A-421(a)
Required Notice before Entry:	2 day notice required Ala. Code § 35-9A-303(c)
Entry Allowed with Notice for Maintenance and Repairs:	Yes. 2 day notice required Ala. Code § 35-9A-303(a)
Emergency Entry Allowed without Notice:	Yes Ala. Code § 35-9A-303(b)(1)
Entry Allowed During Tenant’s Extended Absence without Notice:	Yes Ala. Code § 35-9A-303(b)(5)
Entry Allowed with Notice for Showing the Property:	Yes. 2 day notice required Ala. Code § 35-9A-303(c)
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	No statute
Utility Shut-offs Allowed:	No Ala. Code § 35-9A-407
Electronic Notices Allowed:	No statute

Disclosures

• Name and Addresses: Landlord must disclose the name and address of the property owner or authorized agent. (Ala. Code § 35-9A-202)
• Copy of the Lease: Tenant must be provided with a copy of the lease. (Standard practice)
• Domestic Violence Situations: Victims of domestic violence may terminate the lease with at least 30 days’ written notice and supporting documentation. (Ala. Code § 35-9A-201(d))

Duties

Landlord’s Duties

• Compliance: Must comply with all applicable building and housing codes that materially affect health and safety. (Ala. Code § 35-9A-204)
• Repairs: Make all repairs necessary to keep the premises in a habitable condition. (Ala. Code § 35-9A-204)
• Common Areas: Keep all common areas clean and safe. (Ala. Code § 35-9A-204)
• Maintenance: Maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems. (Ala. Code § 35-9A-204)
• Garbage: Provide and maintain appropriate receptacles for the removal of garbage. (Ala. Code § 35-9A-204)

Tenant’s Duties

• Cleanliness: Keep the unit clean and safe as the condition permits. (Ala. Code § 35-9A-301)
• Trash: Dispose of all garbage and waste in a clean and safe manner. (Ala. Code § 35-9A-301)
• Plumbing: Keep plumbing fixtures as clean as their condition permits. (Ala. Code § 35-9A-301)
• Appliances: Use all facilities, including electrical, plumbing, and heating systems, in a reasonable manner. (Ala. Code § 35-9A-301)
• Damage: Do not deliberately or negligently destroy or damage the premises or knowingly allow others to do so. (Ala. Code § 35-9A-301)
• Quiet Enjoyment: Conduct oneself to not disturb neighbors’ peaceful enjoyment of their premises. (Ala. Code § 35-9A-301)
• Subleasing: Not allowed unless agreed upon in writing. (Ala. Code § 35-9A-301)
• Retaliation: Landlord cannot retaliate against tenants for legal complaints or participation in tenant organizations. (Ala. Code § 35-9A-301)
• Lead Disclosure: Required under federal law for housing built before 1978. Landlords must disclose known hazards and provide the EPA pamphlet.