Alabama Residential Lease Agreement
As a legally binding document, an Alabama lease agreement should document all the expectations for landlords and tenants while adhering to state and local laws.
But you don’t need to make it more complicated than it has to be. TurboTenant’s pre-built Alabama residential lease agreement includes the essential legal details state law requires. Plus, you can build it in less than 15 minutes, and it’ll consist of critical details like:
- Rent due dates and acceptable payment methods
- Rent amount and potential late fees for late payments
- Utility responsibilities
- Term of the lease agreement
- Maintenance and repair responsibilities
Once both parties sign, the lease agreement is in effect until the term ends, so make sure you’re comfortable with the terms before signing.
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Alabama Landlord-Tenant Law
Alabama landlord-tenant laws outline the rights and responsibilities of landlords and tenants, and the Alabama rental lease agreement acts as a mechanism for outlining those rules before starting a rental relationship.
But just because a lease has to include specific things in one state doesn’t mean Alabama has the same requirements. To that end, you must review the laws in your local jurisdiction before including them in your lease agreements. The court can nullify leases that don’t follow the law, leading to headaches you want to avoid.
For reference, most of Alabama’s rental laws are found under the Alabama Uniform Residential Landlord and Tenant Act and contain essential disclosures and requirements for all parties.
Required Landlord Disclosures (2)
Disclosures are an essential part of the lease-signing process. Landlords legally must inform tenants about certain aspects of a rental unit, and these disclosures vary significantly from state to state. Alabama landlords must disclose the following to tenants:
- Lead Paint: The only federally required disclosure is designed to allow landlords to warn tenants about any known lead-based paint or lead-based paint hazards in all units built before 1978.
- Landlord / Agent Name and Address: Landlords must disclose their name and address in writing or the person authorized to manage the property (Ala. Code § 35-9A-202).
Security Deposit Regulations
Maximum Security Deposit Amount: Alabama landlords can collect a maximum security deposit of one month’s rent, which does not include pet deposits or an additional deposit for increased liability risks (Ala. Code § 35-9A-201(a)).
Receipt of Deposit: Landlords in Alabama aren’t required to provide a deposit receipt to their tenants. However, it’s best practice to include one to avoid confusion or miscommunication.
Interest: Alabama landlords do not have to pay interest to tenants on security deposits.
Deduction Tracking: Landlords may withhold funds from the security deposit for any unpaid rent or repairs due to tenant damage. A complete, itemized list of the deductions must be provided to the tenant (Ala. Code § 35-9A-201(b-c)).
Returning a Tenant’s Security Deposit: Deposits must be returned within 60 days of the tenant moving out. If the landlord fails to return the deposit within 60 days and the tenant has not been informed that a portion is being withheld for repairs, the tenant may be entitled to receive double the deposit amount. (Ala. Code § 35-9A-201(b)).
Landlord’s Access to Property
Advance Notice: Alabama landlords must give at least 2 days’ notice before entering a tenant’s unit. They can only enter at “reasonable” times (Ala. Code § 35-9A-303(c)).
Immediate Access: Landlords may access a property immediately only in cases of emergency. (Ala. Code § 35-9A-303(b)(1)).
Landlord Harassment: Landlords are not allowed to enter a property continually or without giving proper notice, and if they do, the tenant may be able to obtain injunctive relief to stop the behavior or, potentially, terminate the lease (Ala. Code § 35-9A-442(b)).
Rent Payment Laws
Grace Period: There is no grace period for rent as defined by Alabama law.
Late Rent Fees: There is no limit on fees for late rent, but the lease agreement should outline that information.
Tenant’s Right to Withhold Rent: Tenants may not withhold rent for any reason in Alabama, including for unmade repairs (Ala. Code § 35-9A-164).
Breach of Rental Agreement
Missed Rent Payment: Alabama landlords may issue a 7-day notice to pay or quit at any point after the first missed rent payment (Ala. Code § 35-9A-421(b)).
Lease Violation: The landlord must provide a 7-day written notice to cure or quit for lease violations. If a tenant commits the same lease violation more than once in a 12-month period, the landlord does not need to give the tenant a second chance to cure the violation (Ala. Code § 35-9A-421(d)).
Self-Help Evictions: Self-help evictions are not legal in Alabama, and landlords should never attempt them. Always follow the legal eviction process.
Lease Abandonment: If the tenant abandons the property for 14 days and there are clear signs that they have no intent to return, the landlord can consider the property abandoned. Alabama landlords must reasonably attempt to re-rent the property but can attempt to recover lost rent from when the tenant left until the unit is re-rented (Alabama Uniform Residential Landlord and Tenant Act).
Ending a Lease
Month-to-Month: Alabama landlords must provide tenants with at least 30 days’ written notice when they intend not to renew a month-to-month lease (Ala. Code § 35-9A-441(b)).
Fixed-Term: For a tenant to legally end a lease early and without penalty, they must show a qualifying condition. These conditions include entering active military duty, uninhabitable conditions, and landlord harassment (Ala. Code § 35-9A-442(b)).
Property Abandonment: Landlords must give the tenant 14 days after the lease ends to recover left-behind property in the rental unit. After 14 days, the landlord may dispose of the property without obligation (Ala. Code § 35-9A-423(d)).
Renewing a Lease
Required Renewals: Landlords are not obligated to renew a tenant’s lease when the rental period ends. However, they must provide proper notice of their intent not to renew (Alabama Uniform Residential Landlord and Tenant Act).
Required Notice: For month-to-month and yearly leases, the landlord must provide written notice at least 30 days before stating their intent not to renew the lease (Ala. Code § 35-9A-441).
Rent Control & Stabilization
Alabama does not have any rent control or stabilization laws that limit the amount of the increase. However, some guidelines must be followed for any rent increase.
For tenants on a month-to-month lease, the landlord must provide a 30-day written notice of the increase. For yearly leases, the landlord can raise the rent when the lease term ends. All increases must be considered “reasonable,” though no specific limits exist (Alabama Uniform Residential Landlord and Tenant Act).
Alabama Residential Lease Agreement FAQ
Does a landlord have to provide a copy of the lease in Alabama?
Alabama law requires landlords to provide a written copy of the lease (noting any changes if the tenant is renewing the lease). If the landlord does not provide the lease, tenants are legally allowed to break the lease without penalty (Alabama Uniform Residential Landlord and Tenant Act).
What is the grace period for rent in Alabama?
Alabama law does not govern a specific grace period, though landlords can include a grace period in the lease agreement.
Can a landlord refuse to renew a lease in Alabama?
Landlords are under no obligation to renew a lease when the term ends.
Does an Alabama lease need to be notarized?
Alabama leases do not need to be notarized. Once signed by both parties, they are considered legally binding.
Can you withhold rent for repairs in Alabama?
Tenants are not legally allowed to withhold rent for repairs in Alabama (Ala. Code § 35-9A-164).