Landlord Guide to Renting in Alabama

Alabama law permits both written and oral lease agreements. However, any lease with a term of one year or more must be in writing to be enforceable under the Statute of Frauds (Code of Alabama § 8-9-2). Written leases should clearly state the rent amount, due date, lease term, and the responsibilities of each party.

• Leases of one year or longer must be in writing
• Month-to-month tenancies are created when no fixed term is specified or after a lease expires without renewal
• Landlords must provide tenants with a copy of the signed lease
• All lease provisions must comply with the Alabama Uniform Residential Landlord and Tenant Act

Under Code of Alabama § 35-9A-201, landlords may collect a security deposit not exceeding the equivalent of one month's rent. The deposit must be held in a separate account at a licensed Alabama financial institution. Landlords are not required to pay interest on security deposits.

• Maximum deposit: one month's rent (§ 35-9A-201)
• Must be held in a separate account at an Alabama bank or financial institution
• No interest payment is required on the deposit
• Landlords may also collect a pet deposit, which is separate from the security deposit limit

Alabama landlords must provide certain disclosures before or at the start of a tenancy. Federal law also requires a lead-based paint disclosure for properties built before 1978.

• Name and address of the landlord or authorized agent (§ 35-9A-202)
• Name and address of the person authorized to manage the premises
• Lead-based paint disclosure for pre-1978 properties (federal requirement, 42 U.S.C. § 4852d)
• Move-in checklist documenting the condition of the property is recommended

Rent is due on the date specified in the lease agreement. Alabama does not require a mandatory grace period for rent payments. Landlords may charge late fees if the lease includes such a provision, though fees must be reasonable.

• No statutory grace period — rent is due on the date stated in the lease
• Late fees are permitted if specified in the lease and must be reasonable
• Landlords may accept partial payments without waiving the right to collect the remaining balance, provided the lease addresses this
• Returned check fees may be charged up to $30 (Code of Alabama § 8-8-15)

Landlords must maintain the rental unit in a habitable condition and comply with applicable building and housing codes. Under § 35-9A-204, the landlord must keep common areas clean and safe, maintain plumbing, heating, and electrical systems, and provide running water and reasonable amounts of hot water.

• Maintain the property in compliance with building and housing codes (§ 35-9A-204)
• Keep all common areas clean and safe
• Maintain plumbing, electrical, heating, and air conditioning systems
• Provide running water, reasonable hot water, and heating

Alabama law requires landlords to give at least two days' notice before entering a rental unit, except in emergencies. Entry is permitted for inspections, repairs, showing the property to prospective tenants or buyers, and other reasonable purposes (§ 35-9A-303).

• Minimum two days' written notice required for non-emergency entry (§ 35-9A-303)
• Entry must be at reasonable times
• No notice required in genuine emergencies
• Tenant may not unreasonably withhold consent to entry

Alabama has no rent control laws and does not restrict the amount or frequency of rent increases. For month-to-month tenancies, landlords must provide at least 30 days' written notice before a rent increase takes effect. For fixed-term leases, rent cannot be increased until the lease term expires unless the lease contains a provision allowing it.

• No state rent control — landlords may set rent at market rates
• 30 days' notice required for rent increases on month-to-month tenancies
• Rent increases cannot be retaliatory or discriminatory

The notice period required to terminate a tenancy in Alabama depends on the type of tenancy. Fixed-term leases end automatically at the expiration of the lease term without requiring notice, unless the lease states otherwise.

• Month-to-month tenancy: 30 days' written notice (§ 35-9A-441)
• Week-to-week tenancy: 7 days' written notice
• Fixed-term lease: no notice required — ends at lease expiration
• Nonpayment of rent: 7 days' written notice to pay or vacate (§ 35-9A-421)

Evictions in Alabama are handled through an unlawful detainer action filed in district court. The landlord must first serve the appropriate written notice before filing. For nonpayment of rent, the tenant has 7 days to pay or vacate. For lease violations, the tenant has 14 days to remedy the violation (§ 35-9A-421).

• Serve the required written notice (7 days for nonpayment, 14 days for lease violations)
• File an unlawful detainer complaint in district court if the tenant does not comply
• Attend the court hearing — the tenant will be served with a summons
• If the court rules in the landlord's favor, a writ of possession is issued

Under § 35-9A-201, landlords must return the security deposit within 60 days after the tenant vacates and provides a forwarding address. The landlord may deduct for unpaid rent, damages beyond normal wear and tear, and costs of re-renting if the tenant broke the lease. An itemized statement of deductions must accompany any withheld amount.

• Return deadline: 60 days after the tenant vacates and provides a forwarding address
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, early termination costs
• An itemized list of deductions must be provided with any remaining balance
• Failure to return the deposit on time may result in the landlord forfeiting the right to withhold any portion