Understanding Alabama landlord-tenant law is essential if you rent or lease any property in the state. Whether you went from renting your first apartment to being the owner of a few rental units, knowing your rights and responsibilities under Alabama law can help you avoid disputes and stay in compliance, making your rental experience even better.

This blog is meant to thoroughly understand the ALA landlord-tenant laws, landlord and tenant rights, necessary lease agreement provisions, agreement security deposit regulations, etc. With this knowledge, you should understand what is required of each party and how to honour a legal contract.

Key Aspects of Alabama Landlord-Tenant Law 

Alabama is often called a “landlord-friendly state,” which indicates that state laws grant considerable discretion to landlords in handling their leases. This, however, does not negate the fact that even within Ala. Code § 35-9A-101 to 35-9A-461, there exists an Alabama Uniform Residential Landlord and Tenant Act (AURLTA) that delineates the duties of both landlords and tenants, essential to a decent and reasonable rental agreement.

While it is prudent to appreciate the rental arrangement, it is important to know the above factors before signing the lease agreement.

Landlord’s Rights in Alabama 

Rent, Deposits, and Evictions 

Alabama landlords can collect rent and a security deposit as part of the lease agreement. Below are a few crucial summaries of their rights:

• Flexibility of Rent: There is no maximum limit for rates charged for renting any property, which means landlords can fix the rents according to the law without restrictions. However, they are required to comply with the lease for the duration.
• Deposit of Guaranteed Rent: A security deposit of a maximum of one month’s rent can be held. Landlords are allowed to ask for extra security against damages if pets are kept.
• Eviction: If a tenant does not pay rent, breaches the contract, or is involved in illegal activities, the landlord is free to start eviction processes. Following appropriate procedures is a must within 7 days if the rent is not paid, 14 days if the lease is violated, or right away if there is criminal activity.

Entering the Rental Property 

Despite owning the property, landlords are still required to observe tenant privacy. Under Alabama law, landlords can only enter the unit after giving ‘reasonable notice’, except in emergencies. A notice period of 2 days is usually considered reasonable.

Landlord’s Responsibilities 

Although landlords maintain some degree of freedom in Alabama, they are also responsible for certain obligations, such as:

• Making Sure You Have a Habitable Unit: Under Alabama eviction and habitability laws, landlords must ensure that the property meets local health and safety standards.
• Timely Repairs: If tenants ask for needed repairs , landlords must address them promptly. Failure to do so could result in a legal battle.

Tenant’s Rights in Alabama 

Seeking a Habitable Unit 

Under Alabama law, tenants have a right to decent, safe housing. If the property becomes uninhabitable due to neglectful maintenance, the tenants can:

• They can request that the repairs be made or deduct the repair cost from their rent (if included in the lease).
• You can terminate the lease if the landlord refuses to give you a habitable living space.

Tenants are additionally protected from unlawful discrimination under the Fair Housing Act. Landlords cannot discriminate against tenants based on their race, religion, sex, disability, or family status.

Tenant’s Responsibilities 

Here are the responsibilities that tenants in Alabama are required to fulfil while they are leasing:

• Timely Rent Payments: Rental payments must be made according to the lease terms. Late fees can be charged if rent is past due, but they must be specified in the lease.
• Keep the Property in Good Shape: Tenants should clean and otherwise maintain the property. Minor repairs, like lightbulb replacements, are usually the tenant’s responsibility.
• Respect Privacy: Tenants should not disturb other tenants with noise complaints or nuisances.

Understanding Lease Agreements in Alabama 

The lease is a legally binding agreement between the renter and the landlord. This will help ensure all the necessary terms are included to protect both sides and prevent confusion. A comprehensive lease agreement, as per Ala. Code Title 35-9A should consist of:

• Property Description and Identification of Rental Unit
• Contact Details: Name addresses of landlord and tenant
• Rent and Security Information: Payment terms, rent amount, due dates and security deposit amount.
• Some Standard Terms of the Lease:
• And maintenance-related repairs: Whose responsibility is it to do certain repairs?

In Alabama, verbal agreements are also legally enforceable. However, written agreements are strongly advised because written contracts provide a clear record for both parties to refer to.

Security Deposit Limits in Alabama 

Maximum Deposit and Return Policy 

Under Alabama state law, landlords are limited to charging a security deposit equaling one month of rent. When a tenant leaves the property, landlords must:

• Return the security deposit in 35 to 60 days, depending on the lease agreement.
• List separately any deductions for damages beyond normal wear and tear.

If you don’t return the deposit within this period, your tenants may be entitled to pursue legal action against you.

Common Misconceptions About Alabama Landlord-Tenant Law 

Understanding the law is crucial, but misconceptions can lead to confusion. Let’s clarify some common myths:

• Misconception: Landlords can enter the property anytime. 

 Fact: Landlords must give reasonable notice, typically 2 days, before entering the unit. 

• Misconception: Tenants can withhold rent for any reason. 

 Fact: Tenants may only withhold rent if the landlord fails to address habitability issues outlined in the lease or law. 

• Misconception: Verbal agreements are invalid in Alabama. 

 Fact: While verbal agreements can be binding, written contracts are preferred to avoid disputes. 

• Misconception: Evictions can happen immediately. 

 Fact: Landlords must follow specific legal procedures for eviction, including proper notice. 

Resources for Landlords and Tenants in Alabama 

If you need more information or assistance, check out these helpful resources:

• Alabama Legal Help – Legal guides and support for tenants and landlords. 
• Alabama State Bar Association – Resources for understanding state laws. 
• U.S. Department of Housing and Urban Development – Federal housing policy and protections. 
• Local city or county housing departments for health and safety codes.

Key Takeaways for Landlords and Tenants 

Familiarize yourself with Alabama landlord-tenant law to lay the groundwork for a successful rental partnership. Here are the main takeaways:

• But landlords have latitude regarding agreements about rent, and a duty to make a home safe.
• Tenants are entitled to a safe, healthy home and are also obligated to maintain it and pay rent.
• Following the guidelines for Alabama’s landlord-tenant laws can ensure that the rental process is fair and within the law for both parties.

With this knowledge, landlords can improve the upkeep and management of their properties , and tenants can assert their rights. If your situation is more complicated or you need more help, contact Alabama lawyers for advice.

FAQs Regarding Alabama Law on Landlord and Tenant Relationships

1. What is the maximum amount a landlord can charge for a security deposit in Alabama?

A landlord can charge a maximum security deposit amount equal to the rent of the premises for one month.

2. How long must a landlord return the security deposit after a tenant moves out?

After a tenant moves out, landlords have 35 to 60 days, based on the terms of the lease, to return the security deposit.

3. May landlords access a tenant’s rental unit without prior notice?

The answer is no. Landlords are required to give reasonable notice, generally 2 days, before entering the rented unit, except in emergencies.

4. What are the tenants’ rights in Alabama in terms of habitability?

Tenants have the right to reasonable, safe, and decent housing. However, if conditions make a property uninhabitable, tenants have the right to request repairs or deduct the cost of repairs from rent.

5. Is a verbal lease agreement made within Alabama legally binding?

In fact, yes. Alabama can have binding agreements made verbally. However, it is advisable to have written agreements to avoid disputes.

6. What procedures must landlords follow for eviction in Alabama?

Eviction is a procedure that should abide by the law. It requires proper legal procedure, including serving adequate eviction notice or intent to evict based on the cause.

7. Can renters in Alabama withhold rent for any reason?

No, withholding rent is not allowed unless the landlord does not fix habitability issues as defined in the lease or law.

8. Where can I find more information about my rights as a tenant or landlord in Alabama?

For guidance concerning landlord-tenant laws, visit Viqsa Legal Help, The Alabama State Bar Association, or your local housing authority.