Renting A House In Alabama: Understanding Legal Requirements

Alabama's landlord-tenant laws are outlined under the Alabama Uniform Residential Landlord and Tenant Act (AURLTA). The provisions covered under this act include nonspecific agreements, prohibited lease provisions and remedies, landlord and tenant obligations, and non-compliance remedies. Alabama is considered a landlord-friendly state, and while tenants are protected by the Fair Housing Act, there is no statewide fair housing law. Landlords in Alabama must provide tenants with safe and habitable living conditions, address maintenance requests in a timely manner, give advance notice before raising rent, and return security deposits promptly. Tenants in Alabama are primarily responsible for keeping their residence clean and safe, not disturbing other tenants, and not conducting illegal activities on the property. Understanding these rights and duties can help ensure a smooth renting experience for both landlords and tenants in the state of Alabama.

Security deposits

In Alabama, landlords can charge a security deposit of no more than one month's rent. This does not include additional deposits such as pet deposits, deposits to cover alterations made by the tenant, or deposits to cover activities that increase liability risks. Landlords are not required to pay interest on security deposits and can charge non-refundable cleaning and pet fees.

When a tenant moves out, the landlord has 60 days to return the security deposit, minus any deductions for damage to the property (excluding normal wear and tear). If the landlord fails to return the deposit within this timeframe, the tenant can sue for twice the original deposit amount.

Landlords in Alabama are not required to document the condition of the rental unit before collecting security deposits. However, it is recommended that tenants carefully read their lease agreements and be aware of their rights and responsibilities.

While specific laws regarding security deposits may vary between cities in Alabama, it is important for both landlords and tenants to be familiar with state laws as well as local regulations.

Rent payments

Alabama landlords are legally entitled to timely rent payments. There is no grace period for rent payments in Alabama, and landlords are not required to provide tenants with a grace period before charging a late fee. However, if the lease or rental agreement includes a grace period, the landlord must honour it and cannot consider the rent late until the grace period has passed. Late fees must be reasonable and should be disclosed in the lease or rental agreement. If the lease or rental agreement does not mention late fees, the landlord cannot impose one.

Rent is due on the date specified in the lease or rental agreement, and tenants are generally expected to pay their rent on the due date specified. However, there are certain circumstances in which tenants can withhold or delay rent payments. For example, active military duty, landlord harassment, or an early termination clause in the lease agreement may allow tenants to terminate their lease early or delay rent payments. Additionally, tenants cannot be evicted as retaliation for reporting health or safety violations by the landlord.

If a tenant misses a rent payment, the landlord must provide a seven-day notice to pay before filing for eviction. If the tenant fails to pay the rent or move out within those seven days, the landlord can file an eviction lawsuit.

Landlord entry

In the state of Alabama, a landlord is required to provide a tenant with a minimum of two days' notice before accessing the property. This notice can be given in writing or verbally, and it should specify the date and time of the intended entry. Landlords should also ideally provide a specific reason for the entry, such as to make repairs or to show the property to prospective tenants.

A landlord may only enter the rental property between the hours of 7 am and 8 pm, and they must not abuse their right of access or use it to harass tenants. Tenants have the right to deny entry if the landlord fails to provide proper notice or if they attempt to enter at an unreasonable time.

If a tenant requests repairs or maintenance, the landlord must enter the property to address the issue within a reasonable amount of time. In cases of emergency, such as a burst pipe or fire, the landlord may enter the property without prior notice to prevent damage or address a safety concern.

It is important for landlords to respect their tenants' privacy and to provide proper notice before entering the rental property. Tenants should also be cooperative and allow reasonable access to the landlord, especially in cases where repairs or maintenance are required. Both parties should communicate openly and maintain a respectful relationship to ensure a positive rental experience.

Lease termination

In Alabama, tenants can legally break a lease without further liability for rent in certain situations. However, it is important to note that tenants are generally legally bound to pay rent for the full lease term, typically a year, regardless of whether they continue to live in the rental unit.

There are a few exceptions to the rule that a tenant who breaks a lease owes rent for the entire lease term. Here are some situations in which a tenant may be able to legally move out before the lease term ends:

• Entering Active Military Service: If a tenant enters active military service after signing a lease, they have the right to break the lease under federal law. This protection is provided by the Servicemembers Civil Relief Act (SCRA) and applies to those in the armed forces, specific commissioned corps, and the activated National Guard. To break the lease, tenants must provide written notice to their landlord and prove that they signed the lease before entering active service and will remain in service for at least 90 days.
• Landlord Harassment or Privacy Violations: Under Alabama law, landlords must give tenants two days' notice before entering the rental property. If a landlord repeatedly violates the tenant's privacy rights or engages in severe harassment, such as removing windows or doors, turning off utilities, or changing locks, a court may consider the tenant "constructively evicted," allowing them to break the lease without further rent obligation.
• Landlord's Failure to Provide Necessary Repairs: While tenants in Alabama cannot withhold rent or use "repair and deduct" when landlords fail to make necessary repairs, they can take other actions. Tenants should submit repair requests in writing and give the landlord 14 days to complete the repairs (or less in an emergency). If the landlord does not make the repairs, tenants can move out without responsibility for future rent or stay in the rental unit and sue the landlord for damages.

Notice Requirements for Lease Termination in Alabama

When it comes to ending a lease agreement, Alabama landlord-tenant laws specify different notice guidelines for tenants depending on the type of lease:

• Weekly Lease: Seven days of notice.
• Monthly Lease: 30 days of notice.

Tenants are required to send a written notice letter through personal service or by leaving the letter with someone over 18 who resides at the rental property. Failing to comply with these terms can invalidate the notice and lead to legal problems for the tenant.

Landlord's Duty to Find a New Tenant in Alabama

Even if a tenant breaks a lease without legal justification, they may still be released from paying all the rent due for the remaining lease term. This is because, under Alabama law, landlords have a duty to "mitigate damages" by making reasonable efforts to re-rent the unit rather than charging the tenant for the total remaining rent due. Landlords must try to find a new tenant and subtract the rent received from the amount the previous tenant owes, including any legitimate expenses such as advertising costs.

Landlord Compensation for Early Lease Termination in Alabama

If a tenant breaks a lease early, landlords in Alabama can seek compensation for their losses. A common way to ensure this is by including an 'Early Termination Clause' in the lease agreement, outlining potential penalties for early termination, such as charging an amount equal to one or two months' rent or withholding the security deposit.

Housing discrimination

• Realtors or rental agents guiding clients to or away from neighbourhoods based on race
• Insurance agents or banks refusing to insure or finance a home based on the racial makeup of a neighbourhood
• Landlords or property managers not allowing a service animal, such as a guide dog, or a wheelchair ramp in an apartment building
• Landlords or property managers saying "no children allowed"
• Building non-accessible apartments or refusing to provide reasonable accommodations for tenants with disabilities
• Demanding sexual favours in exchange for rental assistance
• Inflating the price of a home to discourage someone from making an offer
• Refusing to rent an apartment to a person with HIV/AIDS
• Selectively asking for a "green card" or other documentation based on an applicant's accent or ethnic background

If you suspect that your rights have been violated, it is important to keep records of any meetings and phone calls with the landlord, property manager, real estate agent, loan officer, or insurance agent. Write down everything that happened and save all relevant documents. You can then contact your local Fair Housing Center or HUD's Fair Housing Regional Office to report the violation.

It is important to note that tenants in Alabama are protected by the Fair Housing Act, which guarantees equal treatment and prohibits discrimination when renting or living at a property due to race, gender, religion, national origin, or disability.

Frequently asked questions