Alabama Code Title 35 Chapter 9A grants rights and responsibilities to landlords and tenants whenever a written or oral rental agreement exists, or if payment is accepted as rent. For example, landlords have the right to timely rent payments, and tenants have the right to a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights cannot be waived regardless of what the rental agreement says.
Landlord Responsibilities in Alabama
In Alabama, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Alabama’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Smoke Only | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Alabama
Landlords must perform necessary repairs in a timely manner. In Alabama, landlords must make repairs within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Alabama tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, but they aren’t allowed to withhold rent or make repairs and deduct from the rent.
Tenant Responsibilities in Alabama
Tenants in Alabama are primarily responsible for:
- Keeping their residence clean and free from hazards and damages.
- Not disturbing other tenants.
- Not conducting illegal behaviors on the property.
If landlords deem it necessary, tenants must clean or make repairs in 7 days. Alabama landlords can also give a 7-day notice to clean if tenants are violating the terms of the lease agreement.
Evictions in Alabama
Landlords in Alabama have broad powers to evict tenants. Alabama landlords can evict tenants for:
- Nonpayment of Rent: If a tenant misses a rent payment, landlords must give a 7-Day Notice to Pay. Failure to pay within 7 business days can be grounds for eviction.
- Violation of Lease Terms: If a tenant violates a lease, landlords must provide a 7-Day Notice to Comply requesting they fix their behavior. Landlords can then file a 7-Day Additional Notice to Quit before filing for eviction with the court.
- False Information: If a tenant intentionally includes false or misleading information on their application or agreement, the landlord must provide a 7-Day Notice to Quit before filing for eviction with the court.
- No Lease/End of Lease: Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew. If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit. If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
- Material Health/Safety Violation: A tenant can be evicted in Alabama if they violate a health, building, safety, or housing code. In these instances, the landlord is required to provide the tenant with a 7-Day Notice to Comply, giving the tenant seven business days to cure the issue before filing for an eviction case with the court.
- Illegal Acts: Illegal acts can serve as justification for eviction following the issuance of a 7-day termination notice. Criminal acts warrant the same eviction process as a regular lease violation.
Alabama tenants cannot be evicted as retaliation for reporting health or safety violations on the landlord’s part. Tenants can also not be evicted for violating terms added to the lease without their written permission.
Landlord Retaliation in Alabama
It’s illegal for Alabama landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Alabama
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 1 month’s rent.
- Exceptions: Landlords can collect more than 1 month’s rent for pets, modifications to the property, or any other condition that could increase liability.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent and damage excluding normal wear and tear.
- Time Limit for Return: 60 days.
- Max. Penalty for Late Return: Tenants can sue for twice the deposit.
Lease Termination in Alabama
Alabama landlords must provide the following amounts of notice, provided that there are no provisions for alternate notice in the lease agreement:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Alabama tenants are legally allowed to terminate their lease for the following circumstances:
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
- Early termination clause in lease agreement.
Cost of Breaking a Lease in Alabama
If an Alabama tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages, but the rest must be returned to the tenant.
Rent Increases in Alabama
Alabama does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Alabama does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Alabama state law does not specify how much notice landlords must give before increasing the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Housing Discrimination in Alabama
Protected Groups: Alabama landlords cannot discriminate against any groups outlined in the Federal Fair Housing Act which includes age, race, color, national origin, religion, gender, familial status, and disability.
Discriminatory Acts: Acts considered discriminatory include:
- Refusing to rent or sell on a bona fide offer.
- Providing differing terms, benefits, or privileges.
- Alluding to limitations that amount to discrimination.
- Falsely claiming a unit is unavailable.
There are currently no explicit penalties for discrimination spelled out in Alabama law. The Federal Fair Housing Act sets forth guidelines on how to file a discrimination suit with the state.
Additional Landlord Tenant Regulations in Alabama
In addition to having laws that address general issues like repairs and security deposits, most states, including Alabama, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Alabama
Alabama landlords have the right to enter a rental property for maintenance, inspections, and property showings. With a few exceptions (such as property upgrades following proper notice), the landlord has to give at least two days of advance notice before an entry. Landlords don’t have to get permission or give notice when entering to resolve an emergency situation.
Rent Collection & Fees in Alabama
The following state laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: None, except it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Alabama
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $6,000. Alabama Small Claims Court is a division of District Court. The process takes approximately two to three months.
Mandatory Disclosures in Alabama
Landlords must disclose the following information to tenants:
- Lead-Based Paint: Landlords that lease houses built prior to 1978 must disclose concentrations of lead paint used.
- Authorized Authorities: Landlords must also disclose the name and address of all authorized management parties.
Changing the Locks in Alabama
Alabama law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Local Landlord Tenant Laws in Alabama
Many cities in Alabama have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Birmingham Landlord Tenant Laws
Birmingham maintains a health and safety code that may go above and beyond standards set forth by the state. Tenants and landlords should review these health-related standards for the city.
