When it comes to laws and regulations, Alabama is considered a landlord-friendly state by most. With fewer laws regulating rent, fees, and other aspects of rental management than other states, Alabama allows landlords to set their rent and competitive market rates and structure lease agreements with a bit more flexibility.
However, landlords in Alabama are still responsible for complying with relevant regulations — including ones regarding maintaining the property, treating tenants fairly, and respecting important tenant rights. Alabama's rental laws cover things like the maximum amount a security deposit can be, when landlords can enter a rental property, and how quickly they can evict defaulting tenants. Understanding these essential Alabama landlord tenant laws, located in the Alabama state law code, is critical to maintaining successful tenancies in the state.
In this article, we'll look at the most important rental laws Alabama landlords should know. However, remember that these laws are subject to change with new election cycles, and the list we'll provide here is not exhaustive. Additionally, the laws below are Alabama's state laws — cities and localities may have their own regulations, which may even be stricter than the ones Alabama enforces at the state level. If you have questions about local laws or landlord-tenant disputes, seek professional legal guidance from an experienced real estate attorney.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.
Alabama Quick Facts
Alabama Required Disclosures
Lead-based paint Landlord/agent ID
Alabama Rent and Fees
Application Fees: Permitted Rent Control: N/A Late Fee Limit: N/A Grace Period Minimum: N/A
Notice: 2 days’ Permitted Times of Entry: Reasonable
Alabama Fair Housing Protections
Race Color National origin Religion Sex Familial status Disability
Alabama EvictionNotices
Rent Demand Notice: 7-day pay-or-quit notice Notice for Lease Violation: 7-day cure-or-quit notice Unconditional Notice to Quit: 7-day quit notice
Rights and Responsibilities of Alabama Landlords and Tenants
Landlords and tenants in Alabama each have certain rights and responsibilities designated by law. While the lease agreement is the first place landlords should look when a dispute or disagreement arises, keep in mind that lease terms are only enforceable if they are compliant with federal, state, and local laws.
Below is a brief overview of the rights and responsibilities of landlords and tenants as defined by Alabama's state laws.
Alabama landlords have the right to:
Collect rent according to the terms outlined in the lease agreement.
Request and hold a security deposit within legal limits for the duration of the lease. While no universal cap exists, landlords commonly charge one to two months’ rent.
Deduct appropriate amounts from the security deposit for unpaid rent, excessive damage, or outstanding fees.
Conduct tenant screenings, including for any individuals added to the lease after move-in.
Access the rental unit with proper notice for inspections, repairs, or showings.
Initiate eviction proceedings if a tenant fails to pay rent, violates lease terms, or engages in illegal activity. You can learn more about Alabama's eviction process here.
Establish and enforce lease rules regarding pets, guests, parking, and other conditions, as long as they comply with relevant laws.
Alabama landlords are responsible for:
Providing housing that meets safety and habitability standards, including secure structures, working utilities, and functional appliances.
Complying with all applicable health, safety, and building codes at both local and state levels.
Addressing maintenance and repair requests within a reasonable timeframe, typically within 24-48 hours for emergencies and up to 30 days for non-urgent repairs.
Following fair housing laws to ensure tenant screening and rental policies remain non-discriminatory.
Giving reasonable advance noticebefore entering a rental unit for non-emergency reasons. In Alabama, landlords must give at least 2 days' notice before entering for repairs, showings, or inspections, unless the tenant consents to less time.
Maintaining shared spaces such as hallways, parking areas, and other common facilities.
Paying property taxes and insurance costs, even if these expenses are incorporated into rent.
Adhering to the proper legal process for evictions, ensuring no tenant is removed without a court order.
Returning the security deposit within 60 days after the lease ends.
Alabama tenants have the right to:
Reside in safe, habitable housing with functional utilities, appliances, and no hazardous conditions.
Take legal action if the landlord engages in negligence, harassment, or discrimination.
Receive timely maintenance and repairs, with urgent issues addressed within a reasonable timeframe.
Privacy and security in their home, including working locks and protection from excessive landlord intrusion.
Receive advance notice before rent increases, lease terminations, evictions, or landlord entry.
Protection from retaliatory eviction for reporting unsafe conditions or exercising their legal rights.
Alabama tenants are responsible for:
Paying rent on time, including any agreed-upon late fees and utility payments.
Complying with lease terms, provided they align with applicable laws.
Keeping the rental unit clean and in good condition, ensuring proper sanitation and waste disposal.
Reporting maintenance issues promptly, especially those requiring urgent attention.
Handling minor upkeep, such as replacing batteries in smoke and carbon monoxide detectors.
Covering the cost of any damages caused by negligence, whether by the tenant or their guests.
Providing proper notice if they choose not to renew the lease.
Using the property as intended, avoiding unauthorized business activities or other unapproved uses.
Alabama Required Disclosures
Required disclosures are information that landlords are required to provide tenants before entering a lease agreement, often pertaining to potential hazards, landlord policies, or tenant rights. Below are a few of the most important required disclosures in Alabama:
Lead-based paint (Title X, Section 1018). 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.
Landlord/Agent Identification (Ala. Code § 35-9A-202). The landlord must disclose the name and business address of the person authorized to manage the premises and the person responsible for receiving notices.
Alabama has no statewide rent control and few other laws regulating rent and fees. However, there are a few laws in the state that apply to rental due dates and bounced check fees.
Rent Payments
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)).
Rent Increases: There is no statewide rent control in Alabama.
Grace Period: There is no mandatory grace period in Alabama.
Fees
Application Fees: Rental application fees are not regulated in Alabama.
Late Fees: There are no limits on late fees 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).
Tenant Remedies
Withholding Rent/Repair and Deduct: There is no law in Alabama which provides provisions for tenants in the state 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).
Alabama Security Deposit Laws
Security deposits are highly regulated in almost every state. In Alabama, the maximum amount landlords can charge for a security deposit is one month's rent. Security deposits must be returned to tenants within 60 days of the lease's termination.
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.
Return Within: 60 days (Ala. Code § 35-9A-201(b)). 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)).
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)).
Alabama Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
Tenants have legal protection against unfair housing practices in every state. The Federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits unlawful discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:
Accepting or denying tenant applications
Choosing the methods they will use to screen tenants
Advertising units
Writing listings
Deciding to increase rent
Allocating rent credits or discounts
Providing maintenance and service to the property
Evicting tenants
etc.
What are the protected classes in Alabama?
The FHA specifically protects tenants from discrimination based on the following seven protected classes. This means that landlords cannot use a tenant's membership in any of the classes below to justify housing decisions:
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.
Use of Criminal Histories
The use of criminal background checks is not regulated in Alabama. However, 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.
Due to tenant privacy protections, landlords in Alabama cannot enter occupied rental units at any time. In Alabama, they must give at least two days' advanced notice and restrict entry to reasonable times (typically interpreted as during business or daytime hours).
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)).
Alabama Eviction Notices
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.
If you plan to pursue an eviction in Alabama, the first step is to send a formal, written eviction notice. The length of this notice varies depending on the circumstances of the eviction.
Rent Demand Notice: 7 days to pay or quit. This notice applies when a tenant fails to pay rent on time after any grace period designated in the lease agreement. During the 7-day notice period, the tenant may pay their overdue rent to avoid eviction (Ala. Code § 35-9A-421(b)).
Notice for Lease Violation: 7 days to cure or quit. This notice applies when a tenant violates the lease agreement in another way besides nonpayment. 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)).
Squatters are individuals who move into a property without permission from the owner. Evicting squatters in Alabama, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in Alabama, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.
The average rent rate in Alabama is $1,445, according to Zillow. This is a $40 increase since March of 2024.
The average rent rate in Birmingham according to Zillow is $1,195.
Conclusion
Alabama may have fewer rental laws than other states, but this makes it all the most important to understand and comply with the laws the state does enforce. Whether you're handling security deposits, increasing rent, or responding to maintenance requests, respecting your tenants and their rights while fulfilling your responsibilities to them under the lease and the law is essential. Complying with landlord-tenant laws not only leads to fewer penalties on the legal side, but also helps you strengthen tenancies, decrease turnover, and grow your business.
FAQs
Is there rent control in Alabama?
No, Alabama does not have rent control laws, meaning landlords can set rent prices at market rates and increase them without legal limitations. However, landlords must follow lease agreements and should not raise rent mid-lease unless specified in the contract.
How much can a landlord charge for a security deposit in Alabama?
Alabama landlords cannot charge more than one month’s rent for a security deposit. However, this limit does not apply to additional deposits for pets, tenant alterations, or increased liability risks. The deposit must be returned within 60 days of the lease termination, and failure to do so can result in the landlord owing the tenant double the deposit amount.
How much notice must a landlord give before entering a rental unit?
Landlords in Alabama must provide at least two days’ notice before entering a rental unit for non-emergency reasons. Entry must also be at a reasonable time, typically interpreted as business or daytime hours. However, no notice is required for emergencies like fires or burst pipes.
What is the eviction notice period in Alabama?
The eviction notice period depends on the reason for eviction:
Nonpayment of rent:7-day pay-or-quit notice
Lease violations:7-day cure-or-quit notice (limited to two cures per year)
Severe or repeated violations:7-dayunconditional quit notice (no option to fix the violation)
Can tenants withhold rent for repairs in Alabama?
No, Alabama law does not allow tenants to withhold rent or use a “repair and deduct” remedy if a landlord fails to fix a problem. Tenants should notify the landlord in writing and, if the issue remains unresolved, may need to pursue legal action or contact local housing authorities.
Can a landlord charge late fees or application fees?
Yes, there are no limits on late fees or application fees in Alabama. Landlords can charge any amount they choose as long as it is specified in the lease. However, if a tenant’s check bounces, the maximum NSF (bounced check) fee is $30.
