AL
Alabama Landlord-Tenant Laws
Security Deposit Limits and Requirements
Ala. Code § 35-9A-201(a)
⏰ Timeline
Prior to occupancy
✅ Key Requirements
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- Maximum security deposit is 1 month's periodic rent
- Exception: May charge more for pets
- Exception: May charge more for changes to premises (e.g., handicap modifications)
- Exception: May charge more for increased liability risks
- Landlord may not hold property as security (only cash)
- +2 more requirements
Security Deposit Return Timeline
Ala. Code § 35-9A-201(b), (c), (d), (e), (f)
⏰ Timeline
- 35 days after termination and delivery of possession
- If not refunding entire deposit, must provide itemized list within 35 days
- Tenant must provide valid forwarding address in writing
- 180 days - deposit forfeited if unclaimed
✅ Key Requirements
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- Landlord has 35 days to refund deposit or provide itemized accounting
- Tenant must provide valid forwarding address in writing upon vacating
- If no forwarding address provided, mail to last known address or property address
- Landlord must mail refund/itemization by first class mail
- If entire deposit not refunded, must provide itemized list of amounts withheld
- +2 more requirements
Permitted Security Deposit Deductions
Ala. Code § 35-9A-201(b)
⏰ Timeline
After termination of tenancy and delivery of possession
✅ Key Requirements
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- May deduct for accrued (unpaid) rent
- May deduct for damages from tenant's noncompliance with § 35-9A-301
- Deductions must be itemized in written notice
- Tenant noncompliance includes failure to maintain dwelling in clean/safe condition
- Cannot deduct for normal wear and tear
- +2 more requirements
Eviction Notice for Nonpayment of Rent
Ala. Code § 35-9A-421(b)
⏰ Timeline
- 7 days after receipt of written notice
- Rental agreement terminates at expiration of 7-day period if not paid
- 7-day notice governs when both nonpayment and other violations exist
✅ Key Requirements
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- Landlord must provide written notice to terminate lease for nonpayment
- Tenant has 7 days after receipt of notice to pay rent
- If rent not paid within 7 days, landlord may terminate rental agreement
- 7-day notice period applies specifically to nonpayment of rent
- If both nonpayment and other violations exist, 7-day notice governs
- +2 more requirements
Eviction Notice for Lease Violations
Ala. Code § 35-9A-421(a)
⏰ Timeline
- 14 days after receipt of written notice
- 14 days to remedy the breach
- Agreement terminates on date in notice if not remedied
✅ Key Requirements
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- Applies to material noncompliance with rental agreement
- Applies to noncompliance with § 35-9A-301 materially affecting health and safety
- Landlord must deliver written notice specifying the breach
- Notice must state rental agreement will terminate in not less than 14 days
- Tenant has 14 days to remedy breach
- +3 more requirements
Month-to-Month Tenancy Termination
Ala. Code § 35-9A-441(b)
⏰ Timeline
- 30 days written notice before periodic rental date
- 7 days written notice before termination date
✅ Key Requirements
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- Month-to-month tenancy requires 30 days written notice
- Week-to-week tenancy requires 7 days written notice
- Notice must be given before periodic rental date specified
- Either landlord or tenant may terminate
- Notice must be in writing
- +1 more requirements
Landlord Maintenance and Repair Duties
Ala. Code § 35-9A-204(a)
⏰ Timeline
Ongoing obligation during tenancy
✅ Key Requirements
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- Must comply with building and housing codes materially affecting health and safety
- Must make all repairs to keep premises in habitable condition
- Must keep common areas clean and safe
- Must maintain electrical, plumbing, sanitary, heating, ventilating, AC systems
- Must maintain elevators and other facilities in good working order
- +5 more requirements
Tenant Maintenance Obligations
Ala. Code § 35-9A-301
⏰ Timeline
Ongoing obligation during tenancy
✅ Key Requirements
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- Must comply with building and housing codes affecting health and safety
- Must keep occupied part of premises clean and safe
- Must dispose of garbage, rubbish, and waste properly
- Must keep plumbing fixtures clear
- Must use all facilities and appliances in reasonable manner
- +4 more requirements
Landlord Right to Enter Rental Unit
Ala. Code § 35-9A-303
⏰ Timeline
- At least 2 days notice
- No notice required
- May post note on primary door if unable to reach tenant personally
✅ Key Requirements
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- Tenant may not unreasonably withhold consent to entry
- Landlord may enter to inspect, make repairs, supply services
- Landlord may enter to show unit to prospective purchasers, tenants, contractors
- Landlord may enter WITHOUT consent in emergency
- Landlord must give at least 2 days notice (except emergency)
- +4 more requirements
Prohibited Provisions in Rental Agreements
Ala. Code § 35-9A-163(a)
⏰ Timeline
Prohibited at all times; effective January 1, 2008 for penalties
✅ Key Requirements
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- Tenant cannot waive rights to landlord maintenance (§ 35-9A-204)
- Tenant cannot waive rights for landlord noncompliance (§ 35-9A-401)
- Tenant cannot waive rights for wrongful failure to supply utilities (§ 35-9A-404)
- Tenant cannot waive security deposit protections
- Tenant cannot waive unlawful detainer rights
- +4 more requirements
Landlord Rules and Regulations
Ala. Code § 35-9A-302
⏰ Timeline
Rules enforceable if tenant has notice at time of rental agreement or when adopted
✅ Key Requirements
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- Rules must promote convenience, safety, or welfare of tenants
- Rules must preserve landlord's property from abusive use
- Rules must make fair distribution of services and facilities
- Rules must be reasonably related to their purpose
- Rules must apply to all tenants in fair manner
- +5 more requirements
Retaliatory Conduct Prohibited
Ala. Code § 35-9A-501
⏰ Timeline
Protection applies throughout tenancy
✅ Key Requirements
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- Landlord cannot retaliate by increasing rent discriminatorily
- Landlord cannot retaliate by decreasing services
- Landlord cannot retaliate by bringing or threatening eviction action
- Protected activities: complaints to government agency about code violations
- Protected activities: complaints to landlord about violations of § 35-9A-204
- +5 more requirements
Remedies for Absence, Nonuse and Abandonment
Ala. Code § 35-9A-423
⏰ Timeline
- If tenant required to notify of absence over 14 days but fails to do so
- During absence over 14 days, landlord may enter at reasonable times
- 14 days after termination, no duty to store tenant property
✅ Key Requirements
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- If rental agreement requires notice of extended absence over 14 days and tenant willfully fails, landlord may recover actual damages
- During any absence over 14 days, landlord may enter at reasonably necessary times
- If tenant abandons unit, landlord must make reasonable efforts to re-rent at fair rental
- Landlord's duty to re-rent does NOT take priority over renting other vacant units
- If landlord re-rents before lease expires, original lease terminates as of new tenancy date
- +3 more requirements
Holdover Tenant Remedies
Ala. Code § 35-9A-441(c)
⏰ Timeline
After expiration or termination of rental agreement
✅ Key Requirements
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- Tenant remaining after expiration/termination without consent is holdover
- Landlord may bring action for possession
- If holdover is willful and not in good faith, landlord may recover damages
- Damages: up to 3 months periodic rent OR actual damages (whichever greater)
- Landlord may also recover reasonable attorney's fees
- +2 more requirements
Tenant's Remedies for Landlord's Unlawful Ouster
Ala. Code § 35-9A-407
⏰ Timeline
Remedies available immediately upon unlawful ouster or service diminution
✅ Key Requirements
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- Unlawful removal or exclusion of tenant is prohibited
- Willfully diminishing services is prohibited
- Prohibited: interrupting or causing interruption of heat, water, hot water, electric, gas, or essential services
- Tenant may recover possession
- Tenant may terminate rental agreement
- +4 more requirements