| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Alabama?
Alabama landlords have the right to enter a rental property for the following reasons:
- Inspecting the property
- Improvements (including decorations)
- Maintenance and repairs
- Showing the property to potential renters and buyers
- Emergencies
Can a Landlord Enter Without Permission in Alabama?
Alabama landlords can legally enter a rental property without the tenant’s permission if:
- It’s in response to a renter’s maintenance request.
- There’s an emergency.
- The property needs protection.
- The renter has been gone for more than 14 days.
- The renter got written notice more than seven business days ago about a necessary change to the property.
Can a Landlord Enter Without the Tenant Present in Alabama?
Alabama landlords can enter without the tenant present.
Can a Landlord Show a House While Occupied in Alabama?
Alabama landlords can show an occupied house. The renter can’t unreasonably refuse, as long as the landlord provides two days of notice and shows the property at a reasonable time of day.
How Often Can Landlords Conduct Routine Inspections in Alabama?
Alabama landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Alabama?
A landlord in Alabama has to give at least two days’ advance notice before entering, unless:
- The entry is done on a previously posted schedule, separate from the lease, that relates to repairs, maintenance, pest control, or services relating to health or safety.
- The renter has been gone more than 14 days.
- There’s an emergency.
- The property needs protection.
- It’s impractical to contact the renter (for example, if the renter is away on vacation for less than a week, but hasn’t given contact information).
Can a Landlord Enter Without Notice in Alabama?
Landlords can enter without notice in Alabama if:
- The renter has been gone more than 14 days.
- There’s an emergency.
- The property needs protection.
- It’s impractical to contact the renter (for example, if the renter is away on vacation for less than a week, but hasn’t given contact information).
How Can Landlords Notify Tenants of an Intention To Enter in Alabama?
Landlords in Alabama can notify tenants verbally or in writing about an intention to enter. The law specifically allows landlords to post a note on the main door of the rental property giving notice about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Alabama?
A tenant can refuse entry to a landlord in Alabama if:
- There’s an invalid reason.
- The request isn’t reasonable (e.g. not enough advance notice, or at a strange time of day).
A tenant can’t refuse entry to a landlord in Alabama if:
- It’s for inspection.
- It’s for making improvements to the property.
- It’s for maintenance.
- It’s for showing the property.
- It’s part of decorating the property.
- There’s an emergency.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Alabama?
Alabama landlords can force access through a court order if the tenant illegally refuses entry. Landlords can also cancel the rental agreement after proper notice, which in most cases still requires filing for eviction. In either case, the landlord can recover court costs and attorney fees from the tenant.
Can a Tenant Change the Locks Without Permission in Alabama?
A tenant can change locks without permission in Alabama if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s recommended that tenants provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Alabama?
If a landlord enters illegally in Alabama, a tenant can:
- Get a court order to ban the landlord from entering.
- Cancel the rental agreement.
- Recover court costs and attorney fees from the landlord.
Sources
- 1 AL Code § 35-9A-303(a) & (b) (2021)
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“(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
“(b) A landlord may enter the dwelling unit without consent of the tenant only in the following circumstances: (1) In case of emergency. (2) Pursuant to court order. (3) As permitted by Sections 35-9A-422 and 35-9A-423(b). (4) At reasonable times and with prior notice as provided in subsection (c), to show the premises to a prospective tenant or purchaser, if a landlord provides the tenant separate from the rental agreement a general notice signed by the tenant for the right to access for such a purpose within four months of the expiration of the rental agreement, and only in the company of a prospective tenant or purchaser. (5) When the landlord has reasonable cause to believe the tenant has abandoned or surrendered the premises.”
Source Link - 2 AL Code § 35-9A-303(d) & (e) (2021)
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“(d) If a landlord provides separate from the lease in a general notice or an advance schedule in excess of two days for repairs, maintenance, pest control, or for service relating to health or safety, whether such notice is for a specific time or within a designated time period, then no additional day’s notice is required to access the premises. A tenant may consent to provide a landlord with access to the premises with less than two days’ notice.
“(e) If a tenant requests repairs or maintenance or improvements to a dwelling unit, the tenant shall be deemed to have granted consent to the landlord to enter into the dwelling unit and make the repairs, maintenance, or improvements as requested by the tenant.”
Source Link - 3 AL Code § 35-9A-422 (2021)
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“If there is noncompliance by the tenant with Section 35-9A-301 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within seven days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date periodic rent is due, or if the rental agreement has terminated, for immediate payment.”
Source Link - 4 AL Code § 35-9A-303(c) (2021)
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“(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except as provided in this section or unless it is impracticable to do so, the landlord may show the premises at any reasonable time by giving the tenant at least two days’ notice of the landlord’s intent to enter and may enter only at reasonable times. Posting of a note on the primary door of entry to the residence of the tenant stating the intended time and purpose of the entry shall be a permitted method of notice for the purpose of the landlord’s right of access to the premises.”
Source Link - 5 AL Code § 35-9A-423(b) (2021)
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“During any absence of a tenant in excess of 14 days, the landlord may enter the dwelling unit at times reasonably necessary.”
Source Link - 6 AL Code § 35-9A-421(a) & (c) (2021)
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“(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, an intentional misrepresentation of a material fact in a rental agreement or application, or a noncompliance with Section 35-9A-301 materially affecting health and safety, the landlord may deliver a written notice to terminate the lease to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice. …
“(c) Except as provided in this chapter, a landlord may recover actual damages and reasonable attorney fees and obtain injunctive relief for noncompliance by the tenant with the rental agreement or Section 35-9A-301.”
Source Link - 7 AL Code § 35-9A-401 (2021)
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“(a) …if there is a material noncompliance by the landlord with the rental agreement… the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 14 days after receipt of the notice if the breach is not remedied within that period…
“(b) Except as provided in this chapter, the tenant may recover actual damages and reasonable attorney fees and obtain injunctive relief for noncompliance by the landlord with the rental agreement or Section 35-9A-204.”
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