An Alabama rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Alabama landlord-tenant law governs and regulates these agreements.
Alabama Rental Agreement Types
An Alabama roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
Alabama Required Residential Lease Disclosures
- Landlord’s Name and Address (required for all leases) – Alabama leases must contain the name and address of the landlord or authorized agent, to enable smooth communication of any important legal notice
- Lead-Based Paint Disclosures (required for some leases) – For any property built before 1978, federal law requires that an Alabama residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property
To learn more about required disclosures in Alabama, click here.
Alabama Landlord Tenant Laws
- Warranty of Habitability – Alabama landlords can only rent out habitable property, which means providing certain features essential to basic health and safety like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within 14 days after proper notice from the tenant. Failure to repair lets a tenant sue the landlord or terminate the lease. Tenants aren’t allowed to repair and deduct, or withhold rent.
- Eviction Process – Alabama landlords may evict for rent default, lease violations, code violations, providing false information on a rental agreement/application, or engaging in an illegal act. In most cases, a landlord must only provide seven days of advance notice to quit before filing eviction.
- Security Deposits – Alabama caps security deposits at a maximum of one month’s rent. Upon lease termination, a landlord must return any unused portion of a tenant’s security deposit within 60 days.
- Lease Termination – Alabama lets tenants terminate a month-to-month lease with 30 days of advance notice. A fixed-term lease usually can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Alabama does not limit the amount or frequency of a rent increase. The state likewise does not cap any fees, except for returned check fees, which are capped at $30 per instance.
- Landlord Entry – Alabama landlords may enter rental property for purposes reasonably related to the tenancy, like maintenance, inspections, and property showings. Before entering, they must provide 2 days of advance notice, except in emergency situations.
- Settling Legal Disputes – Alabama lets its small claims courts hear landlord-tenant disputes, as long as the amount in controversy is under $6,000. For most landlord-tenant issues, the statute of limitations in Alabama is six years.
To learn more about landlord tenant laws in Alabama, click here.
Sources
- 1 Ala. Code § 8-8-15(a)
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Any lender of money, extender of other credit, or merchant making a sale of merchandise, goods, or services, or the assignee of the lender, extender of credit, or merchant who receives a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, other extension of credit, or a sale of merchandise, goods, or services may, if the instrument is not paid or is dishonored by the institution, charge and collect, through regular billing procedure or otherwise, from the borrower, person to whom the credit was extended, or from whom the instrument was received, a bad check charge of not more than the greater of either twenty-five dollars ($25) or an amount equal to the actual charge by the depository institution for the return of unpaid or dishonored instruments.
(b) Commencing January 1, 1999, the bad check charge in subsection (a) shall increase by one dollar ($1) per year through January 1, 2003, at which time the maximum bad check charge shall be thirty dollars ($30).
Charges imposed in connection with the dishonor of a negotiable instrument shall not be deemed interest finance or other charge made as an incident to or as a condition to the grant of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit as provided in this section or in any other law of this state.
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