Alabama Leases and Rental Agreements Laws

Alabama landlord-tenant laws regulate issues such as rent control, late rent payments, and the eviction process. While many of Alabama’s laws on rental agreements and other tenancy-related problems are similar to those of other states, there are specific laws unique to Alabama.

Whether you’re a lessee (renter) or lessor (landlord), you have a right to certain legal protections. For example, if a tenant abandons your rental property, do you still have to proceed with an eviction? Or, if your landlord claims that they’re evicting you for nonpayment of rent and you have paid on time, do you have a legal claim?

Alabama landlord-tenant law answers these questions. We’ll discuss these laws in more detail throughout this article, including the laws on rental agreements, lease terms, and eviction. If you still have questions about late fees and grace periods, consider contacting a landlord-tenant attorney in your area.

Eviction Laws in the State of Alabama

The eviction process in Alabama is relatively straightforward. Landlords can typically complete an eviction within weeks of filing a lawsuit with the court.

Ideally, once the landlord serves the tenant with the requisite 7-day notice to quit, the parties can amicably agree that the lease is over and the tenant leaves without issue. Unfortunately, it rarely happens this way. Usually, the tenant refuses to leave or disagrees that they have violated the lease terms.

Regardless of how much the landlord and tenant disagree, the eviction process is the same. According to Ala. Code Section 35-9A-421, et. seq., the eviction process is as follows:

• The landlord serves a notice of eviction
• The notice must state that the tenant has seven days to quit the premises
• The landlord files a lawsuit with the local court
• The court serves a summons on the tenant
• The tenant has the chance to file an answer to the complaint
• The court schedules a hearing, and the judge will issue their final judgment
• The court will give the tenant a final notice to leave the premises
• If need be, the sheriff will go to the residence and forcibly remove the tenant

Of course, for a judge to order a tenant to abandon the premises, the landlord must show that the tenant violated the lease somehow.

Some of the more common reasons for eviction include:

• Nonpayment of rent
• Causing severe damage to the unit
• Violating one of the lease terms (i.e., lying on the rental application, etc.)

The landlord must include the reasons for the eviction on their 7-day notice and the complaint for eviction.

Security Deposits in Alabama

According to Alabama Code §35-9A-201, a landlord cannot demand a security deposit of more than one month’s rent. However, there are a few exceptions to this rule. For example, if the tenant has a pet, the landlord may ask for a higher security deposit in case the animal causes damage.

Landlords in Alabama can also demand a higher security deposit in the following situations:

• The tenant requests the landlord to make changes to the rental property before they move in
• The tenancy will create a greater risk of liability for the landlord

Some state laws require the landlord to put a tenant’s security deposit into a separate escrow account. Alabama law has no such requirement. Unless the written agreement states that the landlord will handle the deposit in a specific way, the landlord can secure the money any way they wish.

Can a Landlord Deduct Money from a Security Deposit in Alabama?

Like it or not, it’s rare that a tenant gets their full security deposit back when they move out. In most rental leases, the landlord deducts some or all of the security deposit to repair damage to the unit.

Under the law, they cannot use this money to pay for things caused by normal wear and tear. For example, it wouldn’t be fair to charge a tenant the costs of painting or shampooing the carpets when the lease ends. However, if the damage is the result of something the tenant did, the landlord can hold them accountable by using money from the security deposit for repairs. They can also deduct any unpaid rent from the security deposit.

In Alabama, landlords can deduct monies from the security deposit for excessive property damage, lease violations, and other extraordinary repairs. The landlord must provide the tenant with an itemized list of the deductions within 60 days of the tenant’s moving out of the rental unit.

It is also worth noting that the tenant cannot use their security deposit to cover the last month’s rent payment. Unless the rental agreement specifically states that the tenant can use the security deposit to pay rent, they must make their final payment by the regular due date.

Alabama Law and Residential Lease Agreements

The Alabama Uniform Residential Landlord and Tenant Act governs residential lease agreements in the State of Alabama. This law outlines the rights and responsibilities of both tenants and landlords.

The chart below summarizes the Uniform Residential Landlord and Tenant Act and the Alabama code sections regarding leases and rental agreements.

Contact a Landlord-Tenant Attorney for Help

Real estate laws can be complex. You can contact an Alabama landlord-tenant attorney for legal advice if you need help with a lease or rental agreement matter. You can also visit FindLaw’s Leases and Rental Agreements section for additional articles and information.