Key Takeaways
- Alabama’s Uniform Residential Landlord and Tenant Act details the laws regarding lease agreements.
- The security deposit can only be up to one (1) month’s rent. Lessors must also return it within 60 days of terminating the lease.
- Evictions happen through the court, and lessors must provide seven (7) days’ notice of the violation causing the eviction process.
- A lessor must give at least two (2) days’ notice before they can enter the premises.
- There are only two (2) mandatory disclosures.
Alabama Lease Agreement Templates
Residential Lease Agreement
Utilize this standard template when leasing a residential property in Alabama, outlining the specific terms and conditions agreed upon between a landlord and a tenant for the rental period.
Alabama Apartment Lease
Use this template when leasing an apartment specifically in Alabama, detailing the rental terms and obligations between a landlord and a tenant within an apartment complex.
Alabama Room Rental
Employ this template when renting out a single room within a residential property in Alabama, defining the terms and responsibilities agreed upon between the landlord and the tenant occupying the room.
Alabama Month-to-Month Lease
Utilize this template when establishing a month-to-month rental agreement for residential or commercial properties in Alabama, offering flexibility without the commitment of a long-term lease.
Commercial Lease Agreement
Use this template when leasing a commercial property in Alabama, outlining the terms and conditions between a landlord and a tenant for business use.
Lease to Purchase Agreement
Utilize this template when entering into a lease agreement with an option to purchase a property specifically in Alabama, defining the terms for both the lease and potential purchase.
Sublease Agreement
Employ this template when subleasing a residential or commercial property in Alabama, detailing the agreement between the original tenant (sublessor) and the new tenant (sublessee), including responsibilities and terms.
Understanding Alabama Rental Laws
Before diving into the specifics of the laws, you should know where to find them. Alabama’s Landlord and Tenant and Uniform Residential Landlord and Tenant Acts govern this document. It falls under Title 35: Property, in Chapters 9 and 9A.
Laws | Name | Description |
Article 1, Division 1-3, Sections 35-9A-101 to 144 | General Provisions and Definitions | Explains what this Act is about and the definitions of standard terms. |
Article 1, Division 4, Sections 35-9A-161 to 164 | General Provisions; Terms and Conditions of Rental Agreement | Discusses what a lease agreement should contain and the process after signing the agreement. |
Article 1, Division 4, Sections 35-9A-163 | Prohibited Provisions in Rental Agreements | Details what rights the tenants have and what landlords can’t implement on them. |
Article 2, Sections 35-9A-204;Article 3, Sections 35-9A-301 | Landlord to Maintain Premises; Tenant to Maintain Dwelling Unit | A description of both landlords’ and tenants’ obligations when it comes to maintaining the property. |
Article 2, Sections 35-9A-201 | Security Deposits; Prepaid Rent | All of the details surrounding how much landlords can charge for security deposits and when to return them. |
Article 4, Division 3, Sections 35-9A-441 | Periodic Tenancy; Holdover Remedies | A section describing the termination notice periods for various lease types. |
Article 4, Division 4, Sections 35-9A-461 | Landlord’s Action for Eviction, Rent, Monetary Damages, or Other Relief | Outlines the process when a landlord wants to evict a tenant. |
Article 3, Section 35-9A-303 | Access | Describes the rights of landlords and tenants to access the property. |
Article 1, Division 2, Section 35-9A-121 | Territorial Application | Explains what lease types this section covers. |
Security Deposit Limits
- Up to one (1) month’s rent is allowed for security deposits.
- In Alabama, lessors don’t have to provide a security deposit receipt. They also don’t have to bear interest on the amount or keep it separate from other funds.
- Within 60 days of the lease ending, the lessor must return the security deposit. They must also provide an itemized list of deductions and can recover damages beyond the security deposit.
- Should lessors not repay the security deposit within 60 days, they must pay double the amount to the lessee.
Eviction Procedures
- Lessors must provide seven (7) days’ notice of eviction.
- A lessor can only evict lessees for failure to pay rent, violating lease terms, or poor behavior.
- Should the lessee not correct the violation, the lessor must file a complaint or Statement of Claim with the court. They must provide written notice to the lessee of this complaint.
- Lessees have seven (7) days to file an Answer form, after which the court will provide a hearing date. If the judge rules in favor of the lessor, the lessee has seven (7) days to appeal.
Right to Enter (Landlord)
- Lessors are required to provide two (2) days’ notice before they can enter the property.
- Lessees can’t unreasonably withhold their consent for the lessor to enter. However, the lessor can’t use their right of entry as an excuse to harass the lessee.
- Lessors should enter the property only to make repairs, complete inspections, or perform maintenance.
- The only exception to the entry notice period is during emergencies.
Disclosures
Alabama lease agreements don’t have many mandatory disclosures. However, you should ensure to add the following:
- Lead-Based Paint Disclosure: Buildings older than 1978 might have lead-based paint present. Lessors must disclose the presence and hazards of this paint.
Information on Authorized Parties: Name and address of parties authorized to act on the owner’s behalf.