Alabama laws address many aspects of the landlord-tenant relationship, including security deposits, late rent, bounced check fees, and evictions. The following is a summary of key laws that affect nearly all Alabama landlords and tenants.
Yes. There is no law in Alabama that prohibits landlords from charging an application fee.
It depends. A city or county law might prohibit landlords from asking about an applicant's criminal history and running a criminal background check, but there is no statewide law prohibiting landlords from doing so.
Even if the city or county where the rental is located does not prohibit landlords from considering applicants' criminal histories, landlords must be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are “directly-related” to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.
Alabama landlords can charge no more than one month's rent as a security deposit. However, this deposit does not include pet deposits, deposits to cover undoing tenant's alterations, or deposits to cover tenant activities that pose increased liability risks.
No. Alabama state law does not require landlords to pay interest on security deposits.
Yes. Alabama does not prohibit nonrefundable cleaning fees or pet fees.
Alabama landlords must itemize and return the security deposit within 60 days after the tenancy has terminated and the landlord has regained possession of the property.
Alabama landlords must disclose to the tenant in writing at or before the beginning of the tenancy:
Individuals can sue in Alabama small claims court for up to $6,000.
Alabama law regulates some rent-related issues, such as how much a landlord can charge for a bounced check and the amount of time a tenant has to pay rent or move before a landlord can file for eviction.
No, Alabama landlords are not required to give tenants a rent payment grace period. Rent is due on the date specified in the lease or rental agreement, and a landlord can consider it late if it is not paid on that date. However, if the lease or rental agreement gives the tenant a grace period for paying rent, the landlord must honor it, and cannot consider rent to be late until after the grace period has passed.
When a tenant is late with rent in Alabama, the landlord cannot file an eviction suit until the landlord has given the tenant a properly written and served seven-day notice to pay rent or quit (move out). If the tenant does not pay the rent owed or move out within those seven days, the landlord can file an eviction lawsuit.
Yes. Alabama law allows landlords to charge tenants $30 for bounced checks.
Yes, Alabama landlords can charge tenants a fee for paying rent late. However, late fees should always be a reasonable estimate of the cost that the landlord incurs because the rent is late (for example, any interest or collection costs), and should be disclosed in the lease or rental agreement—otherwise, a court might not enforce payment of late fees.
Alabama landlords cannot raise the rent during the term of a lease unless the lease specifically allows them to do so.
For more information, see Alabama Termination for Nonpayment of Rent and Other Rent Rules.
No, Alabama tenants cannot withhold payment of rent when a landlord doesn't make repairs.
No, Alabama tenants cannot use the “repair and deduct” remedy when a landlord doesn't make repairs.
For more information, see Alabama Tenant Rights to Demand Needed Repairs.
Alabama state laws specify when and how a landlord may terminate a tenancy. Landlords must officially terminate a tenancy before they can file an eviction lawsuit.
When an Alabama tenant fails to pay rent on time, the landlord must give the tenant a seven-day notice to pay rent or quit (move out) before the landlord can file an eviction suit. If the tenant does not pay rent or move out within those seven days, the landlord can sue. See State Laws on Termination for Nonpayment of Rent for the relevant statutes, and see Eviction Notices for Nonpayment of Rent in Alabama for more information.
When an Alabama tenant violates a term of the lease—such as having a pet in violation of a no-pets policy—the landlord must give the tenant a seven-day notice to cure (fix the problem) or quit (move out). If the tenant does not fix the problem or move out within those seven days, the landlord can sue. See State Laws on Termination for Violation of Lease for the relevant statutes.
Alabama landlords can give tenants a seven-day unconditional quit notice (meaning that the tenant does not have the chance to remedy the problem) when tenants:
See State Laws on Unconditional Quit Terminations for the relevant statutes.
In all states, even in the absence of a statute, landlords can enter a rental without giving notice in order to deal with a true emergency (an imminent and serious threat to health, safety, or property); and when the tenant has abandoned the property (left for good). Alabama law also addresses when and how landlords can enter rental property in non-emergency situations.
Alabama landlords must give two days' notice and can enter only at reasonable times.
Alabama law does not specify that notice must be in writing. However, Alabama law does provide that notice can be given by posing on the main door of the rental a note that states the intended time and purpose of the entry.
Several other landlord-tenant laws might affect both property owners and renters in Alabama, including:
No. Alabama does not have statewide rent control, nor does it allow cities or counties to enact their own rent control laws.
No. Under Alabama law, a lease or rental agreement cannot require the tenant to pay the landlord's attorneys' fees or costs of collection.
If you want to read the text of a law itself, such as state security deposit rules, start by checking citations for Alabama landlord-tenant statutes. To access the statutes themselves, see the state section of the Library of Congress's legal research site. You can search the table of contents for the landlord-tenant statutes. Or, if you don't know the exact statute number, you can enter a keyword that is likely to be in it, such as “nonpayment of rent.” You'll find citations for many of the specific statutes themselves in the relevant Alabama articles (see links, above) on the Nolo site.
Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Alabama and then do a search when you're on the site.
State and Local Government on the Net and Municode (click on “Code Library” in the main menu) are good sources for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Alabama.
Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Alabama. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.
The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations (“CFR”). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.
For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.
You'll also find a wealth of information in Nolo's landlord-tenant books.
The following types of living arrangements are not covered by Alabama's residential landlord-tenant laws: