Alabama Tenant Rights Laws

By Christie Nicholson, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed October 29, 2024

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Alabama is generally considered a landlord-friendly state. While tenants have some legal protection, Alabama law tends to favor landlords and property management companies. This is especially true regarding nonpayment of rent and late fees.

In this article, we will explain Alabama’s landlord-tenant law and discuss how Alabama law affects tenant’s rights. If you’re experiencing issues with your landlord and feel it’s time to take them to small claims court, you should familiarize yourself with these laws. The same is true if you’re a property owner or landlord dealing with a problem tenant.

Alabama Tenants' Rights Overview

Alabama statutes detail landlord and tenant responsibilities and rights. This includes provisions on collecting and returning security deposits, rent, and eviction. While Alabama offers tenants a modicum of protection from unfair treatment by a landlord, Alabama doesn't recognize certain tenants' rights that many other states do.

For example, some states allow a tenant to "repair and deduct," meaning they can pay for necessary repairs and deduct the cost from their rent. Of course, they can only do this if the landlord refuses to make reasonable repairs.

In Alabama, if tenants withhold rent after paying for repairs, their landlord can take this as a violation of the lease and give them an eviction notice.

Alabama and the Fair Housing Act

Alabama lawmakers have adopted the federal Fair Housing Act (FHA), which prohibits landlords from discriminating against tenants based on race, religion, gender, or other classifications.

While some states implement unique laws protecting LGBTQ individuals from housing discrimination, Alabama chooses to incorporate the federal statute instead.

Can a Landlord Enter Without Permission in Alabama?

Generally, yes. As long as the landlord has a reasonable rationale for wanting to enter the unit and gives the tenant reasonable notice, the tenant does not have the right to withhold consent or deny entry (Alabama Code § 35-9A-303). 

One frustration for many Alabama renters is that the law doesn’t require landlords to give a specific amount of notice before entering the tenant’s unit. Under Alabama law, all a landlord must do is give their tenant “reasonable” notice that they intend to enter the property.

In many situations, landlords have the right to enter and inspect a rental unit without the tenant’s consent. Some of these include:

  • Emergencies
  • Court order
  • A landlord reasonably believes their tenant has abandoned or surrendered the rental property
  • The landlord gave the tenant what they deemed to be reasonable notice of entry
  • The landlord wishes to show the unit to a prospective renter or buyer

Generally, the Alabama courts deem two days’ notice as fair and equitable. 

Alabama Landlord-Tenant Laws at a Glance

If you’re currently dealing with a dispute with your landlord (or tenant), you should familiarize yourself with Alabama’s landlord-tenant law. The chart below provides details of Alabama's tenants' rights laws.

Statutes
 

Security Deposits
 
  • Landlords cannot charge more than one month's rent as a security deposit (not including pet deposits).
  • Landlords have 60 days to give a tenant’ their security deposit, along with an itemized list of deductions.

Rent
 
  • Alabama law does not specify how much notice a landlord must provide before raising rent. However, the law does require the landlord to act in good faith when raising a tenant’s rent. In a month-to-month lease, 30 days is reasonable and fair notice.
  • Individual lease agreements may address rent increases. Either the tenant or the landlord can negotiate the terms of the notice and include this term in the rental agreement.

Living Conditions

Alabama law requires landlords to comply with applicable building and housing codes that may affect health and safety. Landlords must also make necessary repairs to maintain habitability. This includes maintaining the following:

  • Electrical
  • Plumbing
  • Sanitation
  • Heating
  • Air-conditioning
  • Other facilities and appliances

Alabama tenants do NOT have the right to "repair and deduct" rental payments for repairs. The landlord must provide proper notice to enter a rental property, and a tenant may not unreasonably withhold consent. Landlords may enter a rental unit without a tenant’s consent in an emergency or under a court order.

Discrimination

 

The Fair Housing Act prohibits landlords from discriminating against a tenant based on race, national origin, religion, gender, disability, or familial status.

 

Ending or Renewing a Tenancy
  • Landlords and tenants can terminate a lease with appropriate notice equal to the length of the lease term. For example, if the parties signed a month-to-month lease, one month’s notice will be sufficient.
  • A tenant may terminate a lease with 14 days' notice if the landlord materially breaches the lease terms.
  • Landlords have the right to deliver written notice of eviction or lease termination to a tenant who has violated the terms of the lease.

Retaliation

 

Alabama landlords cannot raise rent in a discriminatory or retaliatory manner.

 

Disclaimer: State regulations are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a landlord-tenant attorney for legal advice on how these laws might apply to your unique situation.

Related Alabama Tenant's Rights Resources

Get Help with Your Landlord/Tenant Case

If you believe your landlord has violated your rights as a tenant, you may need to take legal action. Consult FindLaw's resources on landlord-tenant relationships and tenant rights to learn more. You can also find an attorney in your area who can help you if your landlord unfairly accuses you of a lease violation. Many landlord-tenant attorneys will provide a free case evaluation.

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