Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
The landlord must disclose the name and business address of the person authorized to manage the premises and the person responsible for receiving notices.
Rent and Fees
Rent Due Date: According to rent laws in Alabama, rent is payable at the time and place specified in the lease agreement. If no time or place is specified, rent is payable at the dwelling unit at the beginning of each month (Ala. Code § 35-9A-161(c)).
Application Fees: Rental application fees are not regulated in Alabama.
Rent Increases: There is no statewide rent control in Alabama.
Late Fees: There are no limits on late fees in Alabama.
Grace Period: There is no mandatory grace period in Alabama.
NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $30 (Ala. Code § 8-8-15).
Withholding Rent/Repair and Deduct: No law in Alabama allows tenants to withhold rent or make repairs and deduct the cost from rent if the landlord fails to remedy a condition (Ala. Code § 35-9A-164).
Security Deposits
Deposit Limit: 1 month’s rent. This limit does not include deposits to cover pets, reversing tenant alterations, or tenant activities with increased liability risk (Ala. Code § 35-9A-201(a)).
Interest: Alabama landlords are not required to pay interest on security deposits.
Deposit Location: Landlords are not required to keep security deposits in a specific bank account or separate from other funds.
Withholding: Landlords may withhold funds from the security deposit for unpaid rent and any damages caused by the tenant’s noncompliance. Landlords must also provide an itemized list of deductions in a written notice delivered to the tenant with the remainder of the deposit (Ala. Code § 35-9A-201(b-c)).
Tenant Screening and Fair Housing Protections
Protected Classes
Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Alabama state law reaffirms these protections (Ala. Code § 24-8-4).
Credit Reports
Alabama landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Alabama landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Permitted Times: Landlords in Alabama may only enter at reasonable times (Ala. Code § 35-9A-303(c)).
Emergency Entry: In case of emergency, the landlord may enter without advanced notice (Ala. Code § 35-9A-303(b)(1)).
EvictionNotices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Alabama, consider hiring an experienced real estate attorney and be sure to review the Alabama eviction process in more detail.
Notice for Lease Violation: 7 days to cure or quit. Note that unless the landlord consents otherwise in writing, a tenant may not cure a lease violation more than twice within any 12-month period. This means if a tenant continues violating a lease agreement, the landlord does not need to give a second opportunity to correct the breach (Ala. Code § 35-9A-421(d)).
Unconditional Notice to Quit: 7 days to quit. Alabama eviction laws designate this notice for non-curable breaches, such as manufacturing or handling illegal drugs, illegal use or possession of a firearm on the rental property (except in self-defense), criminal assault of another tenant or guest, or a repeated breach that has occurred more than once within six months (Ala. Code § 35-9A-421(d)).
Other Laws and Facts About Alabama
The median rent rate in Alabama is $1,461.
The median rent rate in Birmingham is $1,100.
If a landlord in Alabama does not return the security deposit or an itemized list of deductions within the 60-day return period, they must pay the tenant double the original deposit (Ala. Code § 35-9A-201(f)).
4 thoughts on “Alabama Landlord Tenant Laws”
I live in an apartment for seniors with low income which is partially funded by HUD. I have been having an ongoing situation with my neighbor. He wakes me up all hours of the night. I have complained about this multiple times. Is there not a rule about this situation? If they are stopping someone from getting their sleep then this should not be allowed.
I rent an apartment in Birmingham. I pay for services I’ve never gotten, they don’t fix anything but I have continued to pay on time every month even paid three months advance. I get woke up every day at 4am bc of the ppl above me and they haven’t or won’t fix the problem or anything else that’s broken. Can I withhold rent until fixed or until I find somewhere else to go? What are my options? Can I put the rent in an escrow account until fixed??
I’m from another state but has lived at the same location in Alabama for 21 yrs an has gone through original landlord to his grandson because of death. My husband has now passed an everything that was once peaceful has gone crazy. The landlord has put cameras all over the property .. of which I feel is invading my privacy . I’m the only tenant living here now .. neighbors moved next door am has caused a lot of problems. Karen’s I call them . I’m 63 years old an on disability. A was informed that I’m responsible for everything that needs fixing . How may I ask am you supposed to repair things. I know if a building inspector enters this house I’d be evicted just because they would condemn it . But I can’t afford to move . Let alone I have animals that need space to run. When it pours outside it rains inside. The tree by the front steps is bout a 20 ft dead tree a with every storm my stuff outside gets destroyed due to huge branches falling down . Put it this way if that tree falls on this house I’m dead it will go straight through it . An take anything an everything in its path out . I don’t have renters insurance . So I’d loose everything . I just want to know where I stand if any an how o go bout dealing with a landlord who thinks it’s okay to scream at me an do it at any hour he chooses. Plzz someone direct me in the right direction . Ty
Does a business landlord have the right to a key to the premise? When asked for one may the tenant deny that request?
I live in an apartment for seniors with low income which is partially funded by HUD. I have been having an ongoing situation with my neighbor. He wakes me up all hours of the night. I have complained about this multiple times. Is there not a rule about this situation? If they are stopping someone from getting their sleep then this should not be allowed.
I rent an apartment in Birmingham. I pay for services I’ve never gotten, they don’t fix anything but I have continued to pay on time every month even paid three months advance. I get woke up every day at 4am bc of the ppl above me and they haven’t or won’t fix the problem or anything else that’s broken. Can I withhold rent until fixed or until I find somewhere else to go? What are my options? Can I put the rent in an escrow account until fixed??
I’m from another state but has lived at the same location in Alabama for 21 yrs an has gone through original landlord to his grandson because of death. My husband has now passed an everything that was once peaceful has gone crazy. The landlord has put cameras all over the property .. of which I feel is invading my privacy . I’m the only tenant living here now .. neighbors moved next door am has caused a lot of problems. Karen’s I call them . I’m 63 years old an on disability. A was informed that I’m responsible for everything that needs fixing . How may I ask am you supposed to repair things. I know if a building inspector enters this house I’d be evicted just because they would condemn it . But I can’t afford to move . Let alone I have animals that need space to run. When it pours outside it rains inside. The tree by the front steps is bout a 20 ft dead tree a with every storm my stuff outside gets destroyed due to huge branches falling down . Put it this way if that tree falls on this house I’m dead it will go straight through it . An take anything an everything in its path out . I don’t have renters insurance . So I’d loose everything . I just want to know where I stand if any an how o go bout dealing with a landlord who thinks it’s okay to scream at me an do it at any hour he chooses. Plzz someone direct me in the right direction . Ty
Does a business landlord have the right to a key to the premise? When asked for one may the tenant deny that request?