Alabama Rental Lease Agreements By Type (6)
What the Alabama Lease Agreement Form covers?
This document includes the following subjects that pertain to the laws regarding the relationship between the landlord and tenant in Alabama:
- Uniform Residential Landlord & Tenant Act
- Security Deposit Law
- Lease Termination
- Landlord’s Access to the Property
- Rent Due Date plus Late Fees
- Eviction Procedures
- Property Maintenance
- Required Disclosure Forms
- Hunting Land for Lease
Uniform Residential Landlord & Tenant Act
Summary (Ala. Code §§ 35-9A↗): Many states, including Alabama, have adopted these generic laws in regards to the landlord-tenant relationship but have adopted them to be more specific in the following areas:
- Maintenance of the property – Landlord & Tenant are both required to uphold their responsibility to maintain a clean and safe property and follow local housing codes.
- Security Deposits – Requires the landlord to return the security deposit after 60 days from the tenant vacating the property.
- Form 401↗– This form is a request for Medical Utilization Redetermination First Appeal form for Alabama Medicaid
Security Deposit Law
Summary (Ala. Code § 35-9A-201↗) : Landlords in Alabama may charge any amount for a security deposit but whatever the amount, it must be returned (minus any deductions for damage) to the tenant after vacating when the lease ends.
- 60 Days – Amount of time landlord has to return deposit.
- Deductions for damages must be written on an itemized list and given to the tenant as proof.
- Normal wear and tear cannot be deducted from security deposit.
- Tenant may sue up to double the security deposit amount if landlord holds for more than 60 days.
Lease Termination Rules for Landlord and Tenants
Summary (Ala. Code § 35-9A-441↗)Both landlords and tenants have special rights to cancel a lease if there is warrant to do so, with the landlord having more powers than the tenant.
- Landlord’s Ability to Terminate
- 7-day notice to to pay or be evicted.
- 14-day notice to fix a violation or be evicted.
- Tenant’s Ability to Terminate
- With proof of domestic violence, a tenant can terminate the lease early.
- Provide 30-days notice to terminate if the lease is month-to-month.
Landlord’s Access to the Rental Property
Due Dates / Late Fees
Eviction Procedures and Notices
Property Maintenance Requirements
Summary (Ala. Code § 35-9A-204↗): The landlord is required to make repairs (upon written notice from the tenant) and maintain an habitable living environment, failure to do so allows the tenant to the following:
- Terminate lease or seek damages if repairs aren’t made 14 days after delivering written notice.
Tenants who decide to fix repairs with their own money are not legally entitled to deduct the cost from their rent payment.
Required Disclosure Forms
Summary:
- Lead-Based Paint Disclosure & EPA Brochure (§ 35-9A-201(a)↗) – This disclosure form and EPA brochure are required for all properties built before 1978.
- Owner/Manager/Landlord Identification and Mailing Address (42 U.S. Code § 4852d↗) – The agreement must include this individuals full legal name and mailing address for tenant notices.
- Abandonment (conditional)(§ 35-9A-423(a)↗)
Hunting Land for Lease
Summary (afoa.org↗): The Alabama Forest Owners’ Association, Inc. provides land that is available for lease on website. To list hunting land for lease (for free) mail listing information to:
AFOA Hunting Land,
P.O. Box 361434,
Birmingham, AL 35236.
Alabama Rental Lease Tax
Summary (revenue.alabama.gov): Rental tax is basically a fee for the privilege of renting out tangible items. It’s charged on the total rental income, including any tax you add to the bill. This tax kicks in for “true leases,” where the lessor (owner) keeps ownership of the item after the lease ends, or if the renter has the option to buy it at fair market value when the lease is up.