Alabama Landlord Tenant Rental Laws & Rights for 2024

Overview of Alabama Tenant-Landlord Law

This guide provides an overview of Alabama landlord-tenant laws and is intended to help both landlords and tenants understand their rights and responsibilities when renting residential property in the state. Alabama has specific statutes that govern various aspects of the landlord-tenant relationship, contained primarily within the Alabama Uniform Residential Landlord and Tenant Act.

The purpose of this guide is to summarize key components of Alabama law as it relates to leases, security deposits, rent payments, property maintenance, repairs, access to the rental unit, terminations, evictions, and anti-discrimination protections. Both landlords and tenants should find the information helpful when entering into a lease agreement, maintaining the property, and resolving any disputes that arise. 

While Alabama landlord-tenant law does provide certain rights and remedies, it is important to note that the state grants broad leeway to landlords and tenants to shape the terms of their rental agreement through their lease contract. Where the law is silent, the agreed-upon lease generally controls. However, any lease provisions that conflict with state statutes or limit tenants' basic rights will typically be considered unenforceable.

This guide covers topics including security deposits, disclosure requirements, rent control, habitability of the unit, the repair and deduct remedy, procedures for eviction, anti-discrimination laws, and other key provisions that both landlords and tenants should understand when renting residential property in Alabama. The goal is to provide a comprehensive overview for anyone looking to better understand their rights and responsibilities under Alabama landlord-tenant law.

Basic Rights and Responsibilities

Under Alabama law, landlords and tenants each have defined rights and responsibilities.

Landlord Duties

Alabama landlords have a duty to:

• Provide a habitable dwelling that complies with state and local housing codes
• Make any necessary repairs to keep the rental property livable
• Maintain common areas including hallways, stairways, and shared systems
• Not disturb the tenant's peaceful enjoyment of the premises 

Tenant Rights  

Tenants renting in Alabama have the right to:

• A habitable dwelling free of dangerous or hazardous conditions
• Privacy within the rental unit
• Freedom from retaliation for exercising their rights
• Reasonable notice before the landlord enters, except in emergencies
• Deduct repair costs from rent after proper notice
• Withhold rent in certain situations to force repairs
• Break a lease early if domestic violence occurs
• Review the landlord's eviction history if asked

Alabama tenants must fulfill basic responsibilities like paying rent on time, not damaging the property, and complying with the lease terms. However, state law provides important protections and rights.

Security Deposits

Security deposits are funds tenants pay to landlords at the beginning of a lease to cover any potential damages or unpaid rent. Here are the key points about security deposits in Alabama:

Amount and Collection

• No Limit on Amount: Alabama law does not limit the amount a landlord can charge for a security deposit. Landlords have the discretion to charge any amount they deem necessary.

Return of Security Deposit

• Timeframe for Return: Landlords must return the full security deposit within 35 days after the tenant has vacated the property.
• Forwarding Address Requirement: To receive their deposit, tenants must provide the landlord with a forwarding address when they vacate the property.

Deductions from Security Deposit

• Allowable Deductions:
  • Costs of damages beyond normal wear and tear.
  • Unpaid rent.
  • Other fees owed under the terms of the lease.
• Prohibited Deductions: Landlords cannot make deductions for normal wear and tear.

Itemized List of Deductions

• Requirement: If landlords deduct any funds from the deposit, they must provide tenants with an itemized list of all deductions made.
• Timeframe: This list must be provided within the 35-day timeframe.

Tenant's Right to Sue

• Failure to Return Deposit: If a landlord fails to return the deposit or provide an itemized list of deductions within 35 days, the tenant can sue to recover up to twice the amount of the security deposit owed.

Tenant Recommendations

• Document Property Condition: Tenants should thoroughly document the condition of the property at move-in and move-out to protect their right to the full return of their security deposit.

By understanding these key aspects of Alabama's security deposit laws, tenants can better protect their financial interests and ensure a smooth transition when moving out.

Lease Agreement Laws in Alabama

Alabama law does not specify any requirements for rental leases to be in writing. Both written and verbal lease agreements are legally valid. However, having a written lease provides more legal protection for both landlords and tenants by clearly defining the rental terms.

For verbal lease agreements in Alabama, the landlord must provide the tenant with written notice of the name and address of the property's owner and manager. The notice must also specify the amount of rent, when rent is due, and any services or utilities provided by the landlord. 

If there is a written lease, Alabama law requires that any changes to the lease terms must be agreed to in writing by both parties. A verbal agreement to change the lease is not legally enforceable.

Common lease terms that are legally allowed under Alabama law include:

• Length of the lease can be month-to-month or a fixed term
• Amount of rent and when it is due
• Fees for late rent payment or bounced checks  
• Security deposit amount and refund terms
• Utility payment responsibilities 
• Pet policies
• Guest policies 

However, any lease terms that conflict with Alabama's landlord-tenant laws and regulations are not legally enforceable. For example, a lease cannot waive a tenant's right to a habitable dwelling or to take repair and deduct action.

Rent Control Laws in Alabama

Alabama does not have any statewide rent control laws that limit how much landlords can increase rent each year. The state law explicitly prohibits local governments from enacting rent control measures, giving landlords the freedom to set and adjust rent without statutory limitations.

Statewide Regulations

• No Statewide Rent Control: Alabama law prohibits the establishment of rent control laws at the local level. This means no city or county within Alabama can implement rent stabilization or control ordinances.
• Legal Framework: According to Alabama Code § 11-80-8.1, local governments are not allowed to create laws that control the amount of rent charged for private property leases. This law ensures that rent control is not practiced anywhere in the state.

Notice Requirements and Rent Increases

• Notice Period: While Alabama does not limit the amount of rent increase, landlords are generally expected to provide reasonable notice before implementing rent hikes. For month-to-month leases, a 30-day notice is typically considered reasonable.
• Lease Terms: For fixed-term leases, rent cannot be increased during the lease period unless specified in the lease agreement. Rent adjustments must wait until the lease term ends or be explicitly outlined in the lease.

Tenant Considerations

• Discrimination and Retaliation: Landlords in Alabama cannot increase rent in a manner that discriminates against tenants based on race, religion, sex, disability, or other protected classes. Additionally, rent increases cannot be retaliatory, such as in response to a tenant filing a complaint or exercising their legal rights.
• Market Rates: Due to the lack of rent control, rental rates in Alabama are influenced by market conditions, including demand and availability of rental properties. Tenants should be aware of this when entering lease agreements and anticipate potential rent increases.

Habitability Laws in Alabama

In Alabama, landlords are required to provide tenants with a rental unit that is fit for human habitation throughout the entire lease term. This means the unit must have hot and cold running water, electricity, heating, and be free of insect or rodent infestation. Landlords are also required to maintain common areas of the property in a clean and safe condition.

Additionally, rental units in Alabama must comply with all applicable state and local housing codes. This includes requirements related to sanitation, weather protection, waterproofing, structural integrity and more. If a rental unit violates housing codes, making it unfit for habitation, the tenant has the right to terminate the lease after providing the landlord proper written notice and opportunity to repair.  

Tenants who feel their rental unit is uninhabitable due to code violations or failure to provide essential services like water or heat may be able to take legal action against the landlord. This can include filing a lawsuit, terminating the lease without penalty, or making necessary repairs and deducting costs from the rent. However, tenants should carefully review Alabama law and their lease agreement before taking any action.

Repairs

Under Alabama law, landlords are responsible for making repairs and keeping rental properties in a habitable condition. This includes maintaining electrical, plumbing, sanitary, heating and ventilation systems as well as appliances that are provided. 

If a landlord does not make necessary repairs in a timely manner, tenants have several remedies:

• Tenants can give written notice to the landlord identifying the problem and giving 14 days for the landlord to fix it. 
• If the landlord still does not make the repair, the tenant can hire a licensed repair person to fix the issue, and deduct the cost from the following month's rent. This deduction cannot exceed the amount of one month's rent or $300, whichever is less.
• Tenants can also file a lawsuit against the landlord asking the court to compel the landlord to make repairs.
• In extreme cases where a rental is uninhabitable or dangerous, tenants may be able to terminate the lease after giving proper written notice.

Tenants should carefully document any requests for repairs and keep copies of any written notices provided to the landlord. It's also advisable to take photographs showing the date and nature of the problem. Following proper procedures will help protect the tenant's rights under Alabama law.

Eviction Laws in Alabama

Eviction is the legal process a landlord must follow to remove a tenant from a rental property in Alabama. There are specific notice requirements and court procedures landlords must adhere to when evicting tenants.

Notice Requirements

In Alabama, landlords must provide tenants with a written notice of eviction before beginning the eviction process. The notice periods depend on the reason for eviction:

• Nonpayment of Rent: 7 days notice 
• Lease Violation: 7 days notice

The notice must clearly state the reason for eviction and give the tenant the full notice period to fix the issue before the landlord can file for eviction. 

For nonpayment of rent, tenants can avoid eviction by paying all rent due within the 7 day notice period. For other lease violations, the tenant would need to fix the issue outlined in the notice, such as excessive noise complaints or unauthorized pets.

Court Procedures 

If the tenant fails to fix the issue within the notice period, the landlord can file an eviction lawsuit with the local district court. The court will schedule a hearing where both parties can present evidence and make their case. 

If the judge rules in the landlord's favor, they will issue an eviction judgment and "writ of possession" allowing the sheriff to remove the tenant after a certain period of time, usually 7 days. The sheriff is responsible for coordinating the lockout and removal of the tenant's belongings if they fail to vacate.

The eviction process can only be carried out by court order. Landlords cannot attempt "self-help" evictions by changing locks, shutting off utilities, or removing belongings. Doing so is illegal in Alabama.

Tenants have the right to appeal an eviction ruling if they believe the court made an error in the case. However, they typically must post a bond covering unpaid rent during the appeal process. In most cases, it is best for tenants to vacate within the time specified by the court to avoid further legal complications.

Squatters Rights in Alabama

Squatters' rights, also known as adverse possession, allow individuals to claim legal ownership of a property under specific conditions. In Alabama, adverse possession is governed by a combination of state statutes and common law principles. To successfully claim adverse possession, a squatter must meet certain legal requirements.

Legal Requirements for Adverse Possession in Alabama

To claim property through adverse possession in Alabama, the following conditions must be met:

• Continuous Possession: The squatter must occupy the property continuously for a statutory period of 10 years. This means that the occupation must be uninterrupted for the entire duration.
• Open and Notorious Possession: The occupation of the property must be obvious and apparent to anyone, including the rightful owner. The squatter cannot hide their use of the property.
• Hostile Possession: The possession must be without the permission of the property owner. Hostile in this context means that the squatter is using the property as their own, contrary to the interests of the owner.
• Exclusive Possession: The squatter must possess the property exclusively, not sharing control with others, including the owner or the public.
• Actual Possession: The squatter must physically use the property, such as living on it, making improvements, or cultivating the land. Mere intention to possess is not enough; there must be tangible use of the property.

Steps to Claim Adverse Possession

1. Document the Possession: Squatters should document their use of the property, including improvements made, property maintenance, and any other actions demonstrating ownership.
2. Pay Property Taxes: In some cases, paying property taxes can strengthen a squatter's claim to adverse possession, showing an additional level of ownership intent.
3. File a Quiet Title Action: After meeting all the conditions for adverse possession, the squatter can file a lawsuit to obtain a court order, known as a "quiet title action," to officially gain legal ownership of the property.

Preventing Adverse Possession

Property owners can take steps to prevent adverse possession claims by:

• Regularly Inspecting Properties: Owners should periodically check on their properties, especially if they are not being actively used.
• Posting "No Trespassing" Signs: Clearly marking the property boundaries with "No Trespassing" signs can deter potential squatters.
• Taking Legal Action: If a squatter is discovered, the owner should take prompt legal action to remove them from the property.

Understanding the laws in Alabama surrounding squatters’ rights is crucial for both property owners and those seeking to claim property through squatting. By being informed, individuals can better navigate their rights and responsibilities under Alabama law.

Anti-Discrimination Laws in Alabama

Alabama has fair housing laws that prohibit discrimination in housing based on race, color, religion, sex, familial status, or national origin. This applies to rentals as landlords cannot refuse to rent, charge higher rents, or impose different terms on individuals in protected classes. 

The state also has protections against housing discrimination based on disability. Landlords are required to make reasonable accommodations for tenants with disabilities. They cannot refuse to rent or impose special terms due to a renter's disability.

In addition to state laws, some local ordinances provide added protections against housing discrimination. For example, the cities of Birmingham, Huntsville, and Montgomery prohibit discrimination based on sexual orientation or gender identity. Landlords in these areas cannot discriminate against LGBTQ renters.

Overall, Alabama landlords must comply with both state and local fair housing laws. They cannot treat prospective tenants differently or deny housing based on an individual's membership in a protected class. Doing so can result in civil penalties and legal action.

Other Key Laws

Retaliation

Alabama law prohibits landlords from retaliating against tenants for exercising their legal rights. This includes filing official complaints about housing conditions or pursuing legal action. If a landlord takes adverse action like raising rent, decreasing services, or evicting a tenant within 6 months after the tenant took action, it will be considered retaliation under the law. The burden of proof will be on the landlord to show the action was not retaliatory if taken within the 6 month timeframe.

Disclosures

Landlords in Alabama are required to disclose certain information to tenants before signing a lease. This includes:

• Known lead-based paint hazards in the rental unit. Landlords must provide the federal lead paint disclosure form.
• If the property is located in a designated flood zone.
• Registered sex offenders living in the vicinity, if the tenant specifically requests this information in writing.  

Privacy

Under Alabama law, tenants have a right to privacy within their rental units. Landlords must provide reasonable notice before entering rental units, generally accepted as 24 hours except for emergencies. Reasons for entry are limited to showings, repairs, inspections, or emergencies. Harassing or repeatedly demanding entry without cause is prohibited.

Frequently Asked Questions

What rights do renters have in Alabama?

Renters in Alabama have the right to a habitable living environment, protection against discrimination, and privacy. They are also entitled to the return of their security deposit within 35 days after vacating the property, minus any lawful deductions for damages or unpaid rent.

How long does a landlord have to fix something in Alabama?

Landlords must address repair requests within 14 days for standard issues. For emergency repairs affecting health or safety, landlords are expected to act promptly, typically within 1-3 days.

How much notice does a landlord have to give in Alabama?

Landlords must provide a 30-day notice to terminate month-to-month leases and reasonable notice, usually 30 days, for rent increases. They must also give at least 48 hours' notice before entering the rental property, except in emergencies.

What can't a landlord do in Alabama?

Landlords cannot discriminate against tenants, retaliate against them for exercising legal rights, or enter the rental property without proper notice, except in emergencies.

How long does it take to evict a tenant in Alabama?

The eviction process typically takes about 3-4 weeks. This includes a 7-day notice for nonpayment of rent or a 14-day notice for other lease violations, followed by a court hearing and, if necessary, a writ of possession.