Statutes, lease requirements, tenant rights, and landlord remedies under Alabama law. Updated April 2026.
Alabama does not require residential leases to be in writing for tenancies of one year or less, though written leases are strongly recommended for both parties. Under Ala. Code § 35-9A-202, the landlord must disclose the name and address of the person authorized to manage the premises and an owner or person authorized to act on behalf of the owner for purposes of service of process and receiving notices and demands. These disclosures must be kept current and provided to tenants in writing.
For leases longer than one year, the Statute of Frauds requires a written agreement. Written leases should include the rental amount, payment due dates, lease term, security deposit amount, maintenance responsibilities, and rules regarding pets or modifications. The lease may include provisions for late fees, but Alabama courts have held that such fees must be reasonable and not constitute a penalty.
Alabama law prohibits certain lease provisions. Under Ala. Code § 35-9A-105, a rental agreement cannot waive or modify a tenant's rights under the Uniform Residential Landlord and Tenant Act. Any provision that requires a tenant to waive their right to a habitable dwelling, agree to pay the landlord's attorney fees regardless of outcome, or limit the landlord's liability for negligence is unenforceable.
Rent is due at the time and place agreed upon in the rental agreement. Under Ala. Code § 35-9A-161, if no agreement exists regarding the time of payment, rent is payable at the beginning of each month for month-to-month tenancies. There is no statutory grace period in Alabama, meaning rent is considered late immediately after the due date unless the lease specifies otherwise.
Alabama has no statewide rent control, and the state does not permit local jurisdictions to impose rent control ordinances. Landlords may increase rent by any amount with proper notice, but rent increases cannot be retaliatory. Under Ala. Code § 35-9A-501, a landlord may not increase rent within one year after a tenant has complained to a government agency about code violations, exercised rights under the lease, or organized a tenant union.
Alabama law permits landlords to charge late fees, but they must be reasonable and specified in the lease agreement. There is no statutory cap on late fees, though courts may find excessive fees unenforceable as penalties. Landlords may also charge returned check fees. If rent remains unpaid, the landlord must provide a 7-day written notice before initiating eviction proceedings.
Under Ala. Code § 35-9A-204, landlords must comply with building and housing codes materially affecting health and safety, make all repairs necessary to keep the premises in a fit and habitable condition, keep common areas clean and safe, maintain electrical, plumbing, heating, ventilating, air-conditioning, and other facilities and appliances in good and safe working order, provide running water and reasonable amounts of hot water and heat, and maintain the premises in a condition that does not allow for the accumulation of moisture or growth of mold.
Tenants have corresponding obligations under Ala. Code § 35-9A-301 to keep the premises clean, dispose of waste properly, use electrical, plumbing, and other facilities in a reasonable manner, not deliberately or negligently destroy or damage the premises, and comply with all building and housing codes. Tenants must notify the landlord of conditions requiring repair that the tenant cannot remedy.
If a landlord fails to maintain the premises, the tenant may deliver a written notice specifying the breach. If the landlord does not remedy the condition within 14 days, the tenant may terminate the rental agreement under Ala. Code § 35-9A-401. In emergency situations affecting health and safety, the tenant may have the condition repaired and deduct the cost from rent, though the repair cost cannot exceed one month's rent.
Alabama law grants landlords the right to enter a rental unit for inspections, repairs, and showings, but this right is not unlimited. Under Ala. Code § 35-9A-303, the landlord must give at least two days' notice before entering the dwelling unit, and entry must occur at reasonable times. The tenant cannot unreasonably withhold consent to the landlord for entry when proper notice has been given.
Landlords may enter without notice in cases of emergency, such as a fire, flood, or gas leak. The landlord may also enter without prior notice when the tenant has abandoned or surrendered the premises. If a tenant unreasonably refuses entry after proper notice, the landlord may obtain injunctive relief or terminate the rental agreement.
If a landlord abuses the right of access or uses it to harass the tenant, the tenant may obtain injunctive relief to prevent the recurrence and may recover actual damages of not less than one month's rent. Repeated violations of the right-of-entry provisions can be grounds for the tenant to terminate the lease agreement with proper notice.
Alabama tenants are protected by several provisions of the Uniform Residential Landlord and Tenant Act. Tenants have the right to a habitable dwelling that meets building and housing codes. If the landlord fails to maintain the premises, the tenant has several remedies under Ala. Code § 35-9A-401, including the right to terminate the lease after providing 14 days' written notice if the breach is not corrected.
Tenants are protected from retaliation under Ala. Code § 35-9A-501. A landlord may not increase rent, decrease services, or threaten eviction within one year after a tenant has filed a complaint with a government agency regarding code violations, complained to the landlord about conditions requiring repair, or joined or organized a tenant union. If a landlord does take retaliatory action, the tenant may recover up to three months' rent plus reasonable attorney fees.
Alabama tenants also have the right to proper notice before eviction, the right to cure lease violations before termination, and the right to receive their security deposit back within 60 days of move-out with an itemized statement of any deductions. Tenants who are victims of domestic violence, sexual assault, or stalking have additional protections under Alabama law, including the right to terminate a lease early with proper documentation.
When a tenant fails to pay rent, the landlord's primary remedy begins with serving a 7-day written notice to pay or quit under Ala. Code § 35-9A-421. If the tenant does not pay within the 7-day period, the landlord may terminate the rental agreement and file an unlawful detainer action. For nonpayment, the tenant can cure the default by paying all rent due before the notice period expires, but if the same default occurs within six months, the landlord may terminate with a 7-day unconditional notice.
For material lease violations other than nonpayment, the landlord must provide a 14-day written notice identifying the breach and allowing the tenant to cure the violation. Under Ala. Code § 35-9A-421(b), if the breach is not remedied within 14 days, the lease terminates on the date specified in the notice. For violations that materially affect health and safety or that cannot be remedied, the landlord may deliver a written notice specifying the breach and that the rental agreement will terminate in 7 days.
Alabama landlords cannot use self-help eviction methods. Under Ala. Code § 35-9A-427, a landlord may not willfully diminish services, change locks, interrupt utilities, or remove a tenant's property as a means of eviction. Violations of this provision entitle the tenant to recover possession, actual damages, and up to three months' rent. The proper remedy is always through the court system via an unlawful detainer action.
Alabama has no statutory cap on late fees, but courts require that late fees be reasonable and proportionate to the landlord's actual damages from late payment. Excessive fees may be deemed unenforceable penalties. Best practice is to specify the late fee amount in the lease agreement.
Under Ala. Code § 35-9A-441, a month-to-month tenancy may be terminated by either party by giving 30 days' written notice. The notice period is measured from the next rent due date, not from the date the notice is delivered.
Landlords must disclose the name and address of the property manager and the owner or authorized agent for service of process (Ala. Code § 35-9A-202). Lead-based paint disclosures are also required for properties built before 1978 under federal law.
Alabama does not have a traditional rent withholding statute, but tenants may terminate the lease if a landlord fails to make necessary repairs within 14 days of written notice. In emergency situations, tenants may make essential repairs and deduct the cost from rent, up to one month's rent.
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