Alabama Apartment Lease Agreement
When renting an apartment in Alabama, the landlord-tenant relationship's primary legal document is the lease agreement. It sets clear expectations and protections for both parties. Before signing your Alabama apartment lease agreement, it’s important to understand the typical sections.
Legal Aspects
An Alabama apartment lease agreement adheres strictly to state laws and ordinances. As such, understanding rental laws is vital for landlords and tenants alike. This gives you insight into clauses to expect, including:
Security Deposit
- Maximum limit – Alabama landlords can require a security deposit of up to one (1) month’s rent, except for additional deposits allowed for pets, changes to the premises, or increased liability risks. However, landlords are cautioned when charging extra for pets in the case of a service animal.
- Refund timeline – Within 60 days after the tenant moves out, the landlord must refund the full deposit or provide an itemized list of damages and charges with the balance.
- Tenant address – The tenant must provide the landlord with a forwarding address in writing. The landlord must mail the refund or itemized deductions to that address within 60 days.
- Unclaimed deposits – If the tenant fails to claim the deposit within 90 days, the funds are forfeited to the landlord.
- Double damages – If the landlord doesn’t provide a refund or accounting within 60 days, they must pay the tenant double the original deposit amount.
- Other remedies – The security deposit rules don’t prevent landlords or tenants from recovering additional damages through legal action.
Entry Access
- Notice required – Landlords must give a two (2) day notice before entering rental units, except in emergencies in Alabama.
- Reasons for entry – Landlords may enter for repairs, inspections, showings, and other specified purposes after proper notice.
- Entry limits – Landlords can’t excessively intrude on tenant privacy or interfere with quiet enjoyment, which is illegal harassment.
Pets Policy
- Support pet allowance – Landlords must permit assistance animals for tenants with disabilities, even with “no pets” policies. Tenants can request reasonable accommodations.
- Documentation – Landlords can request a doctor’s letter confirming the tenant’s need for the assistance animal related to their disability.
- Tenant responsibilities – Tenants remain accountable for any damages caused by their assistance animals. Landlords can charge an added security deposit for risk mitigation.
- Discrimination disputes – If accommodation requests are improperly denied, tenants can file housing discrimination complaints with state/federal agencies for investigation.
Disclosures
Rental laws in Alabama recognize the tenant’s right to be informed about the premises. To ensure this, an Alabama apartment lease agreement must include specific disclosures:
- Landlord contact information – Landlords must provide tenants their name and address in writing.
- Lead paint notices – For units built before 1978, landlords must disclose information about potential lead-based paint hazards.
Aside from the required disclosure, it’s recommended to add a few other optional ones based on the property. So, here are a few others you can include in the agreement:
- Late/Returned Check Fees and Non-Refundable Fees
- A bed bug disclosure
- Asbestos disclosure
- A medical marijuana disclosure
- Smoking disclosure
- Mold disclosure
- A Move-in checklist
- A Shared utilities disclosure (required if any utilities are shared)