Alabama Landlord-Tenant Laws: A Complete Guide for Renters and Landlords

Alabama has many laws that regulate the landlord-tenant relationship. However, it tends to be a landlord-friendly state. Landlords and tenants in Alabama should be familiar with their rights and responsibilities not only with their state laws, but also under their city's landlord-tenant laws. Many cities have more restrictions than the state does. This article discusses state laws.

Rights and Responsibilities of Landlords and Tenants

The Alabama Uniform Residential Landlord and Tenant Act (Ala. Code § 35-9A-101 and following) is the main law in Alabama that covers the legal rights and responsibilities of landlords and tenants.

Rental Application and Tenant Screening Laws in Alabama

The rental process generally begins with tenant screening, such as requiring an application and checking a potential renter's criminal background. By following these laws and conducting thorough screening, landlords can identify reliable tenants. When tenants know the law, they can protect their rights in the process.

Can Alabama Landlords Charge an Application Fee?

Yes. Some states have specific laws covering rental application fees, but there is no law in Alabama that prohibits landlords from charging an application fee.

Can Alabama Landlords Ask About an Applicant's Criminal History?

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 doesn't 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 race 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.

Security Deposit Laws in Alabama

Alabama's rental security deposit laws have several key provisions for landlords and tenants, including a maximum allowed amount and no requirement to pay interest on the deposit.

What Is the Maximum Security Deposit an Alabama Landlord Can Charge?

Alabama landlords can charge no more than one month's rent as a security deposit. However, this deposit doesn't include pet deposits, deposits to cover undoing a tenant's alterations, or deposits to cover tenant activities that pose increased liability risks. (Ala. Code § 35-9A-201 (2025).)

Do Alabama Landlords Have to Pay Interest on Security Deposits?

No. Alabama state law doesn't require landlords to pay interest on security deposits.

Can Alabama Landlords Charge Nonrefundable Cleaning Fees or Nonrefundable Pet Fees?

Yes. Alabama law doesn't prohibit nonrefundable cleaning fees or pet fees.

How Long Do Alabama Landlords Have to Return a Security Deposit?

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. (Ala. Code § 35-9A-201(b) (2025).)

If the landlord doesn't return the deposit or provide an accounting of how it was applied within the 60-day period, the landlord must pay the tenant double the amount of the tenant's original deposit. (Ala. Code § 35-9A-201(f) (2025).)

Required Landlord Disclosures in Alabama

Alabama landlords must disclose to the tenant in writing at or before the beginning of the tenancy:

• the name and business address of the person authorized to manage the rental, and
• the name and business address of an owner of the rental or a person authorized to act on behalf of the owner for the purpose of service of process and receiving notices and demands. (Ala. Code § 35-9A-202 (2025).)

Alabama Late Fees and Other Rent Rules

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.

Is There a Grace Period for Paying Rent in Alabama?

No. Alabama landlords aren't 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 isn't 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 can't consider rent as late until after the grace period has passed.

How Long Does an Alabama Landlord Have to Wait After a Tenant Is Late With Rent Before Filing an Eviction Suit?

When a tenant fails to pay rent in Alabama, the landlord can't file an eviction suit until the landlord has given the tenant a properly written and served seven-business-day notice to pay rent or quit (move out). If the tenant doesn't pay the rent owed or move out within those seven business days, the landlord can file an eviction lawsuit. (Ala. Code § 35-9A-421 (2025).) (Note: In the past, Alabama's eviction law just said "seven days." Now, it says "seven business days.")

Can Alabama Landlords Charge Tenants a Fee for Bounced Checks?

Yes. Alabama law allows landlords to charge tenants $30 for bounced checks. (Ala. Code § 8-8-15 (2025).)

Can Alabama Landlords Charge Tenants Late Rent Fees?

Yes, Alabama landlords can charge tenants a fee for paying rent late. Rent is legally due on the date specified in the lease or rental agreement (usually the first of the month). If the tenant doesn't pay rent when it is due, the landlord can begin charging a late fee.

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. If the lease or rental agreement doesn't say anything about late fees, the landlord may not impose one, no matter how reasonable it is.

Can Alabama Landlords Raise the Rent?

Yes, Alabama state law prohibits local governments from enacting rent control laws. (Ala. Code § 11-80-8.1 (2025).) So, landlords can raise rent with proper notice.

Alabama doesn't have a state statute on the amount of notice the landlord must provide tenants to increase the rent or change other terms of a month-to-month rental agreement. Unless the rental agreement specifies otherwise, the landlord must typically provide the same amount of notice to change the rent or another term of the tenancy as state law requires the landlord to provide when ending the tenancy—in this case, 30 days. (Ala. Code § 35-9A-441 (2025).) Keep in mind that with a long-term lease, the landlord can't increase the rent until the lease ends and a new tenancy begins—unless the lease itself provides for an increase.

Alabama landlords may not raise the rent in a discriminatory manner—for example, only for members of a certain race. Also, Alabama landlords may not use a rent increase in retaliation against a tenant for exercising a legal right—for example, in response to a legitimate complaint to a local housing agency about a broken heater. (Ala. Code § 35-9A-501 (2025).)

Can Alabama Tenants Withhold Rent When a Landlord Doesn't Make Repairs?

No, Alabama tenants can't withhold payment of rent when a landlord doesn't make repairs.

Can Alabama Tenants Make Repairs and Deduct the Cost (Use the "Repair and Deduct" Remedy) When a Landlord Doesn't Make Repairs?

Despite popular opinion, Alabama tenants can't withhold rent or use "repair and deduct" when landlords fail to make important repairs that are necessary to keep the rental fit and habitable. (Ala. Code § 35-9A-164 (2025).)

Tenants should put their requests in writing and deliver the notice to the landlord, giving the landlord 14 days to accomplish the repair (or less, if it's an emergency). If the landlord doesn't make the repairs, tenants can move out without responsibility for future rent. (Ala. Code § 35-9A-401 (2025).) Alternatively, tenants can remain in the rental and sue the landlord for damages, which would be the difference between the stated rent and the value of the rental in view of its uninhabitable state. Judges can also direct landlords to make repairs.

Tenants in Alabama who are evicted for failure to pay rent can raise, as a counterclaim, the landlord's failure to make needed repairs. But this doesn't mean that tenants can withhold rent. When tenants properly file a counterclaim in an eviction lawsuit, they must pay all rent due into the court, and the court will then hear the counterclaim. If the judge decides that the counterclaim is frivolous, the landlord might be able to obtain attorneys' fees from the tenant. (Ala. Code § 35-9A-405 (2025).)

Termination and Eviction Rules

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.

Failure to Pay Rent

When an Alabama tenant fails to pay rent on time, the landlord must give the tenant a seven-business-day notice to pay rent or quit (move out) before the landlord can file an eviction suit. (Ala. Code § 35-9A-421 (2025).) What happens next depends on how the tenant responds to the termination notice:

• If the tenant pays the rent within the seven-business-day time period, the landlord can't file an eviction lawsuit.
• If the tenant doesn't pay the rent, but moves out within seven business days, the landlord can use the tenant's security deposit (if any) to cover the unpaid rent after following certain steps required under Alabama law. (Ala. Code § 35-9A-201 (2025).) If the security deposit doesn't cover all the rent due and owing (including late charges if they're provided for in the lease or rental agreement), the landlord can sue the tenant in court for the rent still owed.
• If the tenant doesn't pay the full rent within the seven-business-day time period and doesn't move out, the landlord can file an eviction lawsuit with the circuit court to gain possession of the property.

Lease Violation

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-business-day notice to cure (fix the problem) or quit (move out). If the tenant doesn't fix the problem or move out within those seven business days, the landlord can sue. (Ala. Code § 35-9A-421 (2025).)

No breach of any of the terms or obligations of the lease may be cured by a tenant more than two times in any 12-month period except by the express written consent of the landlord. (Ala. Code § 35-9A-421 (2025).)

The same notice requirement applies if the tenant intentionally misrepresented a material fact in a rental application or rental agreement. (Except an intentional misrepresentation of a material fact in a rental agreement or application can't be remedied or cured.) (Ala. Code § 35-9A-421(a) (2025).)

Unconditional Quit Notice

Alabama landlords can give tenants a seven-calendar-day unconditional quit notice (meaning that the tenants don't have the chance to remedy the problem) when tenants:

• manufacture, cultivate, import, transport, possess, furnish, administer, or use illegal drugs in the dwelling unit or in the common areas
• illegally use, manufacture, import, possess, furnish, or discharge a firearm or firearm ammunition on the premises of the rental property, except for a few exceptions such as the use or discharge of a firearm or firearm ammunition in cases of self-defense
• criminally assault a tenant or guest on the premises of the rental property, except for a few exceptions like in cases of self-defense, or
• commit a breach involving substantially the same acts or omissions as a breach for which a notice to terminate has previously been provided for by the landlord and cured by the tenant, if the second breach occurs within six months of the first breach. (Ala. Code § 35-9A-421(d) (2025).)

Landlords' Access to Property and Other Landlord-Tenant Laws

In all states, even in the absence of a statute, landlords can enter a rental without giving notice 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.

How Much Notice Does an Alabama Landlord Have to Give a Renter Before Entering the Rental?

Alabama landlords must give two days' notice and can enter only at reasonable times. (Ala. Code § 35-9A-303 (2025).)

Does a Landlord's Entry Notice Need to Be in Writing?

Alabama law doesn't specify that notice must be in writing. However, Alabama law does provide that notice can be given by posting on the main door of the rental a note that states the intended time and purpose of the entry. (Ala. Code § 35-9A-303 (2025).)

Other Alabama Landlord-Tenant Laws

Several other landlord-tenant laws might affect both property owners and renters in Alabama, including:

• tenant protections against landlord retaliation for a tenant's exercising a legal right, such as complaining about an unsafe living condition
• special protections for tenants who are victims of domestic violence
• procedures for how Alabama landlords must handle abandoned property left behind by tenants, and
• fair housing rights.

Does Alabama Have Rent Control?

No. Alabama doesn't have statewide rent control, nor does it allow cities or counties to enact their own rent control laws. (Ala. Code § 11-80-8.1 (2025).)

Can Alabama Leases and Rental Agreements Require Tenants to Pay the Landlord's Attorneys' Fees or Costs of Collection?

No. Under Alabama law, a lease or rental agreement can't require the tenant to pay the landlord's attorneys' fees or costs of collection. (Ala. Code § 35-9A-163 (2025).)

Alabama Landlord-Tenant Statutes

If you want to read the text of a law itself, such as state security deposit rules, start by checking the citations for Alabama landlord-tenant statutes. You'll find citations and links for many of the specific statutes themselves in this and other relevant Alabama articles on the Nolo site.

You can also access the statutes in the state section of the Library of Congress's legal research site. You may 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."

Local Ordinances Affecting Alabama Landlords and Tenants

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 county or 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.

Federal Landlord-Tenant Laws and Regulations

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.

Resources on Landlord-Tenant Laws

You can find a wealth of information on landlord-tenant issues in Nolo's landlord-tenant books.

For Tenants:

• Renters' Rights
• Every Tenant's Legal Guide

If you have further questions about landlord-tenant laws in Alabama or need legal assistance, consider talking to a lawyer. If you need help but can't afford a lawyer, consider asking a legal aid organization for assistance. Visit the Legal Services Corporation and LawHelp.org websites to learn more about legal aid. Also, AlabamaLegalHelp.org provides information on evictions, including self-help options.

For Landlords:

• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

If you need more help, contact a local landlord-tenant lawyer.