What the 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
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.
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
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 Property
Due Dates / Late Fees
Eviction Procedures
Property Maintenance
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.