Alabama Landlord-Tenant Law: 2024 Overview of Rights

Familiarizing yourself with Alabama landlord-tenant law is essential to protecting your rental rights and avoiding disputes. With the right knowledge, you can ensure a headache-free experience for all involved parties.

This article explains the basics of Alabama landlord-tenant law in 2024, including lease agreement terms, security deposit requirements, fair housing laws, and the eviction process.

Read on for further insight into your rights and responsibilities under Alabama law.

Key Findings: Landlord-Tenant Rights & Responsibilities

The Alabama legislature has granted both landlords and Alabama tenants certain rights and responsibilities under the law. We summarized the main ones below.

Alabama landlords have the right to:

• Collect rent: Landlords can collect rent on the due date specified in the lease.
• Set lease terms: Landlords may create the lease terms, covering rent amount, due dates, lease length, and tenant obligations.
• Access the property: Landlords can access the property for repairs, inspections, or other reasons defined by law, either in cases of emergency or with proper notice.
• Charge late fees: If rent is late, landlords have the right to charge fees to rectify any incurred costs.
• Collect deposits: Landlords can collect a security deposit to cover any damages and unpaid rent, though they are limited to charging up to 1 month’s rent.

Alabama landlords are responsible for:

• Maintaining a livable property: The rental unit must meet basic health and safety standards, including functioning plumbing and heating.
• Complying with fair housing laws: Landlords must avoid discrimination based on protected characteristics such as race and familial status.
• Respecting tenant privacy: Unless in the case of emergencies, repairs, or other necessary activities, landlords should refrain from entry that disrupts tenant peace.
• Returning security deposits: At the lease’s end, landlords have 60 days to return the deposit minus any reasonable deductions.
• Disclosing lead paint: Federal law mandates that landlords inform tenants of any lead-based paint on properties built before 1978.

Alabama tenants have the right to:

• Livable housing: Tenants can expect a property that meets Alabama’s safety and habitability standards.
• Privacy: Tenants have the right to peaceful enjoyment of their rental units.
• Deposit return: Landlords should return security deposits minus any lawful deductions within 60 days of moving out.
• Request repairs: Tenants may request repairs for essential services and anything else covered in the lease.
• Protection from retaliation: Tenants cannot face eviction or other retaliatory actions for exercising their legal rights.

Alabama tenants are responsible for:

• Paying rent: Rent must be paid in full by the due date specified in the lease.
• Property maintenance: Tenants should keep the rental unit clean and notify landlords of necessary repairs.
• Extended absence notifications: Long absences should be reported to the landlord to avoid possible conflict.
• Following the lease: Tenants must adhere to lease terms like occupancy limits, pet policies, etc.
• Avoiding illegal activity: Tenants are prohibited from using the property for illegal activities and must ensure guests do the same.

Best Practices for Screening Prospective Tenants

Alabama landlords are free to charge rental application fees with no state-defined limit on the fee amount. Landlords can also inquire into an applicant’s credit, criminal, and rental histories. Still, they should follow certain best practices, such as employing a standardized screening process, to avoid accusations of discrimination as defined by fair housing laws.

For a streamlined solution to screening applicants in compliance with the law, try TurboTenant’s suite of tenant screening features today.

Compliance with Fair Housing Laws in Alabama

Federal fair housing laws ensure equal housing opportunities for tenants throughout the United States. Under such laws, Alabama landlords must not discriminate based on the following protected characteristics:

• Race
• Color
• Religion
• Sex
• Familial status
• National origin
• Disabilities

What actions are considered housing discrimination?

Some examples of discrimination include advertising geared to or against protected characteristics, refusing to rent based on a protected characteristic, or inconsistent tenant screening practices.

Such behavior can lead to legal action and hefty financial penalties.

How can discrimination be avoided in rental practices?

Best practices for fair tenant screening involve consistency and effort. Ensure all screening criteria are consistent for all applicants and reasonable accommodations are made for tenants with disabilities.

Training staff on fair housing regulations is a must and may prove crucial to ensuring compliance with the law.

What are the repercussions for fair housing violations?

Violations may result in severe legal consequences and financial penalties for landlords. Penalties can extend well into the tens of thousands of dollars, especially for repeat offenses.

If accused of discrimination, landlords should seek legal counsel and review their rental practices to shore up any compliance vulnerabilities.

Alabama Lease Agreements

Property Address:	1200 Broadway Ave. Unit #104 Huntsville, AL 35649
Lease Start Date	3/01/24	See section 1.5
Lease End Date:	2/28/25	See section 1.5
Total Monthly Rent:	$1,620.00	See section 1.6
Monthly Base Rent:	$1,500.00	See section 1.6
Monthly Pet Rent:	$120.00	See section 1.6
Prorated Rent Amount:	$1,000.00	See section 1.10
Total Deposit(s):	$1,500	See section 1.8
Security Deposit:	N/A	See section 1.8
Pet Deposit:	N/A	See section 1.8
Other Deposit:	N/A	See section 1.8
Total Non Refundable Fee(s):	$100.00	See section 1.9
Move-in Fee: Description	$100.00	See section 1.9
Late Fee:	10% if not paid by the 2nd.	See section 2.1

Even though Alabama law doesn’t require written rental contracts, having one is recommended to avoid potential disputes. That’s why creating a legally binding Alabama lease agreement should be a priority for all Alabama landlords.

Such contracts can be either fixed-term or month-to-month and ordinarily set the terms of the contract.

Which lease terms are legally required in Alabama?

While the law doesn’t specify any terms that all leases should contain, it is good practice for landlords to include the following elements:

• Names and addresses of involved parties
• Lease duration
• Rent amount, due date, and acceptable payment methods

What constitutes legal renting in Alabama?

Above all else, Alabama tenant rights require that a unit be livable. That means there should always be basics like running water and working heat. Also, tenants living on site must be safe from hazards such as loose wires or an unsound structure.

Landlords must comply with all applicable building codes and health ordinances to avoid potential legal issues.

What tenant documentation is required?

State law doesn’t establish what, if any, documentation is necessary to rent a property. However, landlords would be wise to require certain documents, such as valid ID and proof of income.

Maintaining a record of these and other documents, including the rental agreement and all transactions, can prove critical should any disputes arise.

What are the mandatory landlord disclosures in Alabama?

The only disclosure that Alabama landlords must deliver to tenants is for lead paint on properties built before 1978. Failure to make such a disclosure may lead to legal action, which could result in landlords being held liable for health issues that result from lead exposure.

Security Deposits in Alabama

Wherever they are utilized, security deposits are an essential precaution for landlords to safeguard their properties, protecting against possible damages and unpaid rent.

What are the guidelines for security deposit collection?

Landlords can charge no more than 1 month’s rent for a security deposit in Alabama. However, that does not include pet deposits, tenant alteration reversals, or other activities tenants perform that may increase liability risks.

Separately, landlords need not inform tenants where they are keeping deposits.

While landlords are not legally required to provide a walk-through checklist at move-in, it’s considered best practice to complete one for documentation purposes.

When can deductions be made from security deposits?

Deductions are allowed for unpaid rent, damages beyond normal wear, or lease breaches. Landlords must be diligent about itemizing deductions.

How should security deposits be returned?

Landlords must detail the reasons for any deductions they make from the deposit and return it within 60 days of the tenancy ending. Landlords who fail to return deposits or account for how they were applied within this period must pay tenants twice the original deposit amount.

Maintenance Responsibilities of Landlords

Alabama landlords must ensure rental units are safe and habitable as defined by the law, lest they face certain extensive repercussions.

What are the legal standards for property conditions?

Alabama landlords must keep properties habitable by providing safe plumbing, heating, and electrical systems, a sound structure, and clean water.

What is the proper protocol for repairs?

Alabama tenant rights allow for repair requests, which should be made in writing. Landlords have 14 days to respond (unless it is an emergency). Even though Alabama law does not permit withholding rent or repairing and deducting, tenants may seek legal action if unaddressed issues make the property unlivable.

Do landlords need to give tenants advance notice before accessing a rental property?

In Alabama, as in other states, landlords are allowed to enter a property without notice in times of emergency, which typically involves an immediate threat to the property.

In the absence of an emergency, landlords must give tenants 2 days’ notice before they can enter and can only enter during reasonable times.

Landlords who enter without proper notice may be considered in violation of the tenant’s right to privacy and subjected to legal action resulting in either an injunction against further entry or monetary damages.

Late Rent Fee Regulations

State law does not require Alabama landlords to give tenants a grace period for paying rent. However, grace periods may be included in individual lease agreements, and landlords must honor such terms if they exist.

If tenants don’t pay their rent when due, landlords can charge late fees as they see fit.

Rent Control in Alabama

Rent control does not exist in Alabama. In fact, state law prohibits municipalities from enacting rent control. That means that Alabama landlords are within their right to raise rents as they see fit, as long as they give tenants proper notice.

Lease Renewal and Termination

Alabama tenant rights require 30 days’ notice for month-to-month terminations. Fixed-term leases typically end automatically unless renewed by mutual agreement.

Landlords aren’t required to renew expiring leases, and they can even end a lease early if the tenant violates lease terms or if the lease includes specific clauses, like needing the property for family use. Alabama law allows for the legal breaking of a lease for military deployment or landlord harassment.

Eviction Procedures for Alabama Landlords

Because eviction procedures vary from state to state, Alabama landlords must familiarize themselves with their state’s particular laws.

What justifications exist for eviction?

Landlords can only evict tenants if given just legal cause. The Alabama legislature has defined such causes as:

• Failure to pay rent
• Lease agreement violations
• Performing illegal activities

Landlords must document all violations as evidence if eventually needed in court.

What is the eviction process?

For an eviction to be considered valid, landlords must comply with the following procedures:

• Deliver notice: If a tenant does not pay their rent when due, landlords can give a 7-day notice to pay rent.
• File eviction: If the tenant doesn’t vacate, landlords can file for eviction at the applicable court.
• Attend court: The court reviews the facts and issues a judgment.

For further guidance, tenants facing eviction should consider contacting an Alabama tenant rights hotline or similar resource.

How is property reclaimed after eviction?

Landlords can regain possession with a court order, securing the property after the appropriate law enforcement officials (if necessary) remove the tenant. For abandoned items, landlords must provide tenants with a 14-day notice is required before disposing of them.

Local Ordinances for Landlords and Tenants

Local Alabama landlord-tenant laws that impact rental relationships may vary among municipalities, so landlords and tenants should investigate all applicable regulations.

Municode is a great resource for researching Alabama’s city and county laws.

Federal Landlord-Tenant Laws

Federal laws like the Fair Housing Act and Americans with Disabilities Act supplement, if not supersede, Alabama landlord-tenant law.

Managing Tenant Legal Disputes as an Alabama Landlord

When disputes arise, Alabama landlords should maintain records and, when necessary, seek legal counsel. Useful resources include:

• Alabama Legal Help: A comprehensive guide to free and low-cost legal aid, assistance, and services in Alabama
• Alabama State Bar Association: Provides referrals to qualified attorneys for advice and assistance
• Help for Landlords: Offers links to legal aid for landlords

Navigate Your Landlord-Tenant Relationship with TurboTenant

Managing Alabama tenant rights may seem overwhelming, but TurboTenant’s intuitive property management software simplifies compliance with Alabama landlord-tenant law in 2024. Some key features include:

• Rent Collection: Enjoy secure, automatic rent collection to avoid late payments and reduce hassle.
• Tenant Screening: Easily find reliable tenants using comprehensive background and credit checks and apply them across your renter pool to maintain compliance
• Lease Agreements: Draft, customize, and send legally binding lease agreements that comply with Alabama law from one convenient platform.
• Property Maintenance: Efficiently manage maintenance requests and coordinate repairs while ensuring timely responses to tenants.

Ready to take control of your property rentals? Sign up for a free TurboTenant account today and discover an easier way to landlord.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Alabama Landlord-Tenant Law FAQ