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Alabama Enacts Comprehensive Landlord-Tenant Statutes

Alabama has enacted its first comprehensive set of landlord-tenant statutes, which will take effect on January 1, 2007. (Alabama Code Sections 35-9A-101 and following.) The rules below are among the many that now apply to Alabama landlords and tenants.

Issue

Rule

Citation

When is rent due?

Beginning of the rental term

Ala. Code § 35-9A-161(c)

Where is rent due?

Unless landlord and tenant specify otherwise, at the dwelling unit

Ala. Code § 35-9A 35-9A-161(c)

Whether a landlord must take reasonably prompt steps to re-rent when a tenant breaks a lease (duty to mitigate)

Yes

Ala. Code § 35-9A-105

Notice required to terminate a month to month tenancy

30 days, for both landlord and tenant

Ala. Code § 35-9A -441(b)

Limit on the amount of security deposit a landlord may collect

One month's rent

Ala. Code § 35-9A-201

Exemptions to security deposit limit

Limit does not include pet deposits, deposits to cover tenant's alterations, and deposits to cover tenant activities that pose increased liability risks

Ala. Code § 35-9A-201

Whether a landlord must pay interest on deposits or keep them in a separate account

No to both

Ala. Code § 35-9A-201

Deadline for landlord to itemize and return security deposit

35 days

Ala. Code § 35-9A-201

Amount of notice landlord must give before entering rental unit

24 hours

Ala. Code § 35-9A -303

Reasons landlord may enter rental unit

To deal with an emergency, inspect, make repairs, show property to prospective buyers or tenants, or during tenant's extended absence

Ala. Code § 35-9A-303

How landlords must handle tenant's abandoned property

Storage and notice; see statute

Ala. Code § 35-9A -423(d)

Prohibition against landlord retaliation

Landlord may not retaliate following tenant's complaint to landlord or government agency, tenant's involvement in a tenant organization, or tenant's exercise of a legal right

Ala. Code § 35-9A-501

Amount of time tenant has to pay rent or quit

7 days

Ala. Code § 35-9A-421(a), (d)

Amount of time tenant has to cure a violation or quit

14 days

Ala. Code § 35-9A-421(a)

Self-help eviction

Not allowed

Ala. Code § 35-9A-427

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