Alabama landlord tenant law is set out in the Alabama Uniform Residential Landlord and Tenant Act, codified at Title 35, Chapter 9A of the Alabama Code.1Justia. Alabama Code Title 35, Chapter 9A – Uniform Residential Landlord and Tenant Act The Act caps security deposits at one month’s rent, requires landlords to keep rentals habitable, sets the notice periods for eviction and lease termination, and bars landlords from locking tenants out without going through court. Federal fair housing rules and lead-paint disclosure requirements apply on top of the state statute.
A written lease is not required, but any lease clause that tries to waive a tenant’s rights under the Act is void.2Alabama Legislature. Alabama Code 35-9A-163 – Prohibited Provisions in Rental Agreements So a lease you signed does not settle the question of what you actually owe or are owed. The statute does.
Security Deposits
The base security deposit cannot be more than one month’s rent.3Alabama Legislature. Alabama Code 35-9A-201 – Security Deposits; Prepaid Rent A landlord can charge more on top of that for a pet or for alterations the tenant asked for, but the ordinary deposit itself is capped. There is no requirement in Alabama that the deposit sit in a separate escrow account or earn interest.
Once the tenant hands back possession, the landlord has 60 days to either return the whole deposit or send an itemized list of deductions with whatever balance is left. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and costs tied to a lease violation. Miss the 60-day deadline and the tenant can recover double the deposit.3Alabama Legislature. Alabama Code 35-9A-201 – Security Deposits; Prepaid Rent
Late Fees
Alabama does not cap late fees by statute and does not require a grace period. A late fee has to be written into the lease to be charged at all, and courts will look hard at any amount that appears punitive rather than tied to the landlord’s actual costs. Check your lease for the exact dollar amount or percentage, and note whether a grace period is spelled out.
What the Landlord Must Maintain
Every Alabama landlord must keep the unit habitable. That means complying with building and housing codes that materially affect health and safety, making necessary repairs, keeping common areas safe, and maintaining the plumbing, electrical, heating, and other essential systems in working order.4Alabama Legislature. Alabama Code 35-9A-204 – Landlord to Maintain Premises
If the Landlord Doesn’t Fix It
The tenant’s core remedy is a written termination notice. Deliver a notice describing the problem and setting a termination date at least 14 days out. If the landlord fixes the issue before that date, the lease continues. If not, the lease ends and the landlord has to return the security deposit and any unearned prepaid rent.5Macon County Alabama Courts. Uniform Residential Landlord and Tenant Act – Section 35-9A-401 The tenant can also sue for actual damages and injunctive relief, and if the landlord acted in bad faith, reasonable attorney’s fees are available.
A separate rule covers essential services. When the landlord willfully or negligently fails to restore heat, running water, hot water, electricity, gas, or another essential service after being notified, the tenant can terminate with at least 14 days’ written notice.6Alabama Legislature. Alabama Code 35-9A-404 – Wrongful Failure to Make Available Heat, Water, Hot Water, or Essential Services
One boundary worth knowing: Alabama does not have a broad “repair and deduct” remedy. A tenant generally cannot hire a contractor, pay the bill, and subtract it from rent. The remedies are termination and a damages suit.
What the Tenant Owes
Tenants have to keep their portion of the unit clean and safe, dispose of waste properly, and use appliances and fixtures reasonably.7Alabama Legislature. Alabama Code 35-9A-301 – Tenant to Maintain Dwelling Unit Rent is payable without demand at the time and place set in the lease. Damage the tenant causes through negligence or deliberate action is not the landlord’s problem to fix.
Landlord Entry
The landlord can enter for legitimate purposes such as inspections, agreed repairs, and showings, and the tenant cannot unreasonably refuse. Outside of a real emergency, the landlord has to give at least two days’ notice and come at a reasonable time.8Macon County Alabama Courts. Uniform Residential Landlord and Tenant Act – Section 35-9A-303 Posting a note on the primary entry door with the time and purpose counts as notice under the statute.
No advance notice is required for a genuine emergency like a burst pipe or fire. A landlord can also enter under a court order or when there is reasonable cause to believe the unit has been abandoned. What the landlord cannot do is turn the right of entry into harassment through repeated unnecessary visits or entries at odd hours.
Eviction in Alabama
A landlord in Alabama has to go through the courts. The action is called an unlawful detainer and is filed in District Court.9Alabama Legislature. Alabama Code 6-6-310 – Definitions Before filing, the landlord has to serve written notice giving the tenant a chance to cure or leave.
- Nonpayment of rent: seven days’ written notice to pay or vacate.
- Other material lease violation: seven days’ written notice describing the violation and allowing time to fix it.
If the tenant neither pays, cures, nor moves out, the landlord files a complaint with the District Court, typically on Form C-59, the Statement of Claim for Eviction/Unlawful Detainer.10Alabama Administrative Office of Courts. Civil Forms – Unlawful Detainer The court then issues a notice setting a hearing date.11Alabama Legislature. Alabama Code 6-6-332 – Process – Form of Notice; Service and Return Thereof At the hearing, the judge looks at whether the landlord followed the correct notice procedure and has a valid basis for possession.
Self-Help Eviction Is Illegal
Changing the locks, shutting off utilities, removing the front door, or hauling belongings to the curb all count as unlawful ouster. A tenant on the receiving end can either recover possession or terminate the lease, and either way is entitled to up to three months’ rent or actual damages, whichever is greater, plus reasonable attorney’s fees.12Alabama Legislature. Alabama Code 35-9A-407 – Tenants Remedies for Landlords Unlawful Ouster, Exclusion, or Diminution of Service If the tenant terminates under this section, the landlord also has to return the entire security deposit and all unearned prepaid rent.
Retaliation Is Prohibited
A landlord cannot raise the rent, reduce services, or threaten eviction because the tenant:
- Complained to a government agency about code violations affecting health and safety.
- Complained to the landlord about a failure to maintain the premises.
- Joined or organized a tenants’ union.
A tenant hit with retaliation has the same remedies available for unlawful ouster (up to three months’ rent or actual damages, whichever is greater, plus attorney’s fees) and can raise retaliation as a defense to eviction.13Macon County Alabama Courts. Uniform Residential Landlord and Tenant Act – Section 35-9A-501 The protection is not absolute. The landlord can still evict if the tenant caused the code violation, is behind on rent, or if fixing the violation would require major alterations that make the unit unusable.
Ending the Tenancy
Notice Periods
A month-to-month tenancy requires at least 30 days’ written notice before the next periodic rental date from whichever side is ending it.14Alabama Legislature. Alabama Code 35-9A-441 – Periodic Tenancy; Holdover Remedies A week-to-week tenancy takes seven days’ written notice. A fixed-term lease just expires on its end date; no notice is needed from either side.
Holdover Tenants
A tenant who stays past the lease’s expiration without the landlord’s consent is a holdover. The landlord can file for possession right away, and if the holdover is willful and not in good faith, the landlord can recover up to three months’ rent or actual damages, whichever is greater, plus attorney’s fees.14Alabama Legislature. Alabama Code 35-9A-441 – Periodic Tenancy; Holdover Remedies If the landlord accepts rent after expiration, the tenancy usually converts to month-to-month.
Abandonment and Property Left Behind
Alabama treats a unit as abandoned when electric service has been off for seven straight days. Once the tenancy is over, any personal property the tenant leaves behind can be disposed of after 14 days. The landlord has no duty to store or protect it past that point.15Alabama Legislature. Alabama Code 35-9A-423 – Remedies for Absence, Nonuse, and Abandonment The landlord also has to make reasonable efforts to re-rent the unit at a fair price, though filling other vacancies first is allowed.
Federal Rules on Top of Alabama Law
Fair Housing
The federal Fair Housing Act bars discrimination in renting based on race, color, national origin, religion, sex, familial status, and disability.16U.S. Department of Housing and Urban Development (HUD). Housing Discrimination Under the Fair Housing Act Landlords cannot refuse to rent, set different terms, or steer applicants based on those characteristics. Disability protections include a duty to allow reasonable accommodations, such as permitting a service animal or emotional support animal even where the lease bans pets. Landlords can request documentation from a healthcare professional confirming the disability-related need when it is not obvious, but HUD guidance treats online “registrations” sold through certificate mills as unreliable.17U.S. Department of Housing and Urban Development (HUD). Fact Sheet on HUDs Assistance Animals Notice
Lead-Based Paint
Rental housing built before 1978 comes with federal disclosure duties. The landlord has to give the tenant the EPA pamphlet “Protect Your Family From Lead in Your Home,” disclose known information about lead-based paint or hazards in the unit, provide all available inspection records, and include a lead warning statement in or attached to the lease.18U.S. Environmental Protection Agency (EPA). Real Estate Disclosures about Potential Lead Hazards A signed copy of the disclosure has to be kept for three years after the lease begins. Skipping the disclosures can trigger triple damages plus civil and criminal penalties.19U.S. Environmental Protection Agency (EPA). Lead-Based Paint Disclosure Rule Fact Sheet Housing built after 1977 and short-term rentals of 100 days or fewer are exempt.
Military Tenants
Active-duty servicemembers who receive permanent change-of-station orders or are deployed for 90 days or longer can terminate a residential lease early with no early-termination fee. The tenant delivers written notice with a copy of the military orders. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any rent paid in advance beyond the termination date has to be refunded within 30 days. The tenant still owes prorated rent up to termination and for any damage beyond normal wear and tear.