Alabama Landlord-Tenant Laws

• 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

• 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

After termination of tenancy and delivery of possession

• 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

• 14 days after receipt of written notice
• 14 days to remedy the breach
• Agreement terminates on date in notice if not remedied

• 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

• 30 days written notice before periodic rental date
• 7 days written notice before termination date

• 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

Ongoing obligation during tenancy

• 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

• At least 2 days notice
• No notice required
• May post note on primary door if unable to reach tenant personally

• 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

Rules enforceable if tenant has notice at time of rental agreement or when adopted

• 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

Protection applies throughout tenancy

• 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

After expiration or termination of rental agreement

• 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

Remedies available immediately upon unlawful ouster or service diminution

• 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