Before securing a tenant for your spare room, understand the laws governing your room rental agreement in Alabama. Many landlords take on tenants for their extra room without a written contract, especially if they’re renting to a close friend or family member. However, a detailed lease can help you avoid issues and preserve your positive relationship.
For example, you don’t want a disagreement over rent payments or tenant responsibilities to create awkward tension between you and your tenant.
In this guide, we’ll discuss the importance of using an Alabama lease agreement. We’ll cover the benefits of room rental agreements, state and federal laws, and how property management software makes landlording easy.
Room Rental Laws
Whether you’re leasing a room in Birmingham, Huntsville, Mobile, or Tuscaloosa, all landlords must comply with landlord-tenant laws in Alabama. Federal and state regulations govern the following:
- Mandatory disclosures
- Advanced entry notice requirements
- Consequences of landlord harassment
- Health and safety codes
What’s more, the law also regulates the types of contracts you can use for a room rental agreement in Alabama. Next, we’ll discuss what you need to know to create a legally compliant rental contract.
Different Types of Room Rental Agreements in Alabama
You can use the following contracts for your Alabama room rental agreement:
- Verbal agreement: Many landlords use word-of-mouth contracts when renting out a room. However, we recommend creating a clear written lease to avoid disputes.
- Fixed-term lease: These leases define a start and end date, giving both parties stability and clarity.
- Month-to-month lease: Flexible, short-term “tenancy at will” agreements automatically renew, and you can terminate them as needed.
That said, every landlord has their own needs. Think about your relationship to the tenant, the agreement’s length, and your preference for stability or flexibility.
Required Landlord Disclosures
One of the most important sections in your Alabama room rental agreement is the mandatory disclosure. Make sure to include these two statements in your lease agreement:
- Lead-based paint: When leasing properties constructed before 1978, federal law requires landlords to inform tenants about lead-based paint and lead-based paint hazards (42 U.S.C. § 4852d).
- Landlord information: Include the property owner’s or manager’s name and address in your lease agreement (Ala. Code § 35-9A-202).
Similarly, keep the following legal guidelines in mind when creating a room rental agreement in Alabama.
Security Deposit Rules
Maximum security deposit: Alabama law caps security deposits at 1 month’s rent. However, any fees for pet deposits, property upgrades, or increased liability risks aren’t included in this amount (Ala. Code § 35-9A-201).
Security deposit receipt: No state law requires landlords to provide a receipt (Ala. Code § 35-9A-201).
Deduction tracking: If you’re retaining any funds from the security deposit, you must give tenants an itemized list of deductions in writing (Ala. Code § 35-9A-201).
Security deposit return: You must return the security deposit, plus any deductions listed, within 60 days of move-out (Ala. Code § 35-9A-201).
Pet deposits: State law permits landlords to charge pet deposits, and they’re not limited by the security deposit amount cap of 1 month’s rent (Ala. Code § 35-9A-201).
Rent Payment Rules
Late rent fees: In Alabama, you can only charge late fees for rent if you outline your policy in the lease. State law doesn’t govern late fees or limit their amounts.
Right to withhold rent: Alabama law strictly prohibits tenants from withholding rent in any circumstances while they’re occupying the room (Ala. Code § 35-9A-164).
Grace period: State law doesn’t mandate a grace period for rent payments.
Pet rent: Landlords can charge pet rent if their lease includes it, but federal law prohibits them from charging fees for service animals and Emotional Support Animals (ESAs) (42 U.S.C. § 3601 et seq.).
Rent Payment Increase Rules
Rent payment increase frequency: Landlords in Alabama can raise rent as often as they want, but they must notify tenants in writing. However, property owners can’t increase rent mid-tenancy.
Rent payment increase maximum: State law doesn’t set a percentage limit or a maximum rent increase amount.
Rent control/stabilization: Alabama law prohibits local governments from applying rent control policies (Ala. Code § 11-80-8.1).
Room Rental Agreement Breaches
Failure to pay: Landlords can initiate the legal eviction process by serving tenants with a 7-Day Notice to Pay or Quit (Ala. Code § 35-9A-421) when tenants fail to pay rent.
Lease violations: In addition to non-payment issues, Alabama law permits landlords to terminate a room rental agreement if tenants breach the lease (Ala. Code § 35-9A-421).
Self-help evictions: Alabama law prohibits landlords from using self-help eviction tactics to remove tenants from their rooms. Landlords must comply with the state’s court-ordered process (Ala. Code § 35-9A-104).
Terminating a Room Rental Agreement
Month-to-month: Landlords or tenants must give at least 30 days’ written notice to terminate the agreement (Ala. Code § 35-9A-441).
Fixed-term: Tenants who end a lease early without a legal cause are liable for the remaining rent and damages (Ala. Code § 35-9A-441).
Room abandonment: Alabama landlords must mitigate damages by re-renting the room. If the landlord finds a new tenant, the old lease ends the day the new lease begins (Ala. Code § 35-9A-423).
Tenant’s right to terminate: Tenants can’t terminate a room rental agreement in Alabama without penalty. However, federal law permits active-duty military members to terminate their leases with written notice (50 U.S.C. § 3955).
Landlord Access Laws
Immediate access: State law only permits you to enter the room without notice to address emergencies, such as fires or threats to health and safety (Ala. Code § 35-9A-303).
Landlord harassment: You can’t disturb a tenant’s peace by making excessive entry demands, entering at unreasonable times, or making entry threats (Ala. Code § 35-9A-442).
Advance notice: State law requires you to give tenants at least 2 days’ notice before entering their room in non-emergency situations (Ala. Code § 35-9A-303).
Lease Agreement Renewal and Termination
Required renewals: State law doesn’t obligate you to renew a fixed-term lease. If you want to renew, both parties must agree to do so in writing.
Required notice: Month-to-month tenancies require at least 30 days’ written notice, but week-to-week tenancies only require 7 days’ written notice (Ala. Code § 35-9A-441).
Month-to-month considerations: If a fixed-term lease ends but the tenant continues renting the room, the lease will automatically convert to a month-to-month tenancy at will.
If you have specific questions about the laws governing a room rental agreement in Alabama, speak with a trusted lawyer. We recommend using property management software to make your life as a landlord simple and efficient.
Room Rental Agreement Alabama FAQs
What to include in an Alabama room rental agreement?
Add the following to your room rental agreement:
- Rent payment procedures
- Security deposit information
- Mandatory disclosures
- House rules
How do I legally rent out a room?
In addition to complying with the laws covered in this guide, use an Alabama room rental agreement form to keep everyone on the same page.
How to make an Alabama room rental agreement?
iPropertyManagement’s printable PDF template is a great place to start.
