Alabama Code Title 35 Chapter 9A grants rights and responsibilities to landlords and tenants whenever a written or oral rental agreement exists, or if payment is accepted as rent. For example, landlords have the right to timely rent payments, and tenants have the right to a livable dwelling.Note: These rights cannot be waived regardless of what the rental agreement says. Questions? To chat with an Alabama landlord tenant attorney, click here
In Alabama, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Alabama’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Smoke Only | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Alabama, landlords must make repairs within 14 days after getting written notice from tenants. If repairs aren’t made in a timely manner, Alabama tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, but they aren’t allowed to withhold rent or make repairs and deduct from the rent. Read more
If landlords deem it necessary, tenants must clean or make repairs in 7 days. Alabama landlords can also give a 7-day notice to clean if tenants are violating the terms of the lease agreement.
Landlords in Alabama have broad powers to evict tenants. Alabama landlords can evict tenants for:
Alabama tenants cannot be evicted as retaliation for reporting health or safety violations on the landlord’s part. Tenants can also not be evicted for violating terms added to the lease without their written permission.
It’s illegal for Alabama landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Alabama landlords must provide the following amounts of notice, provided that there are no provisions for alternate notice in the lease agreement:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Alabama tenants are legally allowed to terminate their lease for the following circumstances:
If an Alabama tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages, but the rest must be returned to the tenant.
Alabama does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Alabama does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Alabama state law does not specify how much notice landlords must give before increasing the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Protected Groups: Alabama landlords cannot discriminate against any groups outlined in the Federal Fair Housing Act which includes age, race, color, national origin, religion, gender, familial status, and disability.
Discriminatory Acts: Acts considered discriminatory include:
There are currently no explicit penalties for discrimination spelled out in Alabama law. The Federal Fair Housing Act sets forth guidelines on how to file a discrimination suit with the state.
In addition to having laws that address general issues like repairs and security deposits, most states, including Alabama, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Alabama landlords have the right to enter a rental property for maintenance, inspections, and property showings. With a few exceptions (such as property upgrades following proper notice), the landlord has to give at least two days of advance notice before an entry. Landlords don’t have to get permission or give notice when entering to resolve an emergency situation.
The following state laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $6,000. Alabama Small Claims Court is a division of District Court. The process takes approximately two to three months.
Landlords must disclose the following information to tenants:
Alabama law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Many cities in Alabama have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Birmingham maintains a health and safety code that may go above and beyond standards set forth by the state. Tenants and landlords should review these health-related standards for the city.
Can a Tenant Change the Locks in Alabama? Alabama tenants can change their locks, if this isn't contrary to any agreement in the lease. The landlord still has several rights of access, some of which do not depend on the tenant's permission. This means in most cases, tenants must promptly provide copies of any new keys. Read more » What Are a Tenant’s Rights in Alabama? Alabama tenants have the right to seek safe housing without discrimination. They also have a right against unnecessary intrusion. If the landlord violates their rights, tenants might be able to sue the landlord or cancel their rental agreement. Read more » Is Alabama a “Landlord Friendly” State? Alabama is a landlord-friendly state. Despite the adoption of the Uniform Residential Landlord-Tenant Act, protections for renters remain minimal and landlords have broad authority to set fees and prices, evict, and and access rental property. Read more » Can a Landlord Enter Without Permission in Alabama? Alabama landlords can enter a rental property without permission in emergencies, when the property needs protection, and when the renter has been gone more than 14 days. They can enter without permission on a seven-day notice, to make necessary modifications to the property. A repair request from the renter also counts as permission to enter to fix the issue, without the landlord needing to ask. Read more »
