Alabama Landlord-Tenant Law
Ala. Code § 35-9A – UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT.
|Termination for Nonpayment Notice|
|The tenant has 7 days to pay rent before the landlord can file for eviction. Ala. Code § 35-9A-421|
|Termination for Lease Violation Notice||14 Days Notice Ala. Code § 35-9A-421|
|Small Claim Court Limit||Alabama Small Claim Court Limit is $6,000|
|Handling Abandoned Property|
Ala. Code § 35-9A-423
|Penalty for Self-Help Eviction||Self-help is not allowed but no specific penalty is mentioned. Ala. Code §35-9A-427|
|Tenant Withholding Rent for Repairs||No statute|
|Required Disclosures||Disclosure of Management Contact Information and Owner Contact Information or the Person Authorized to Receive Notices and Demands.|
|Non-Refundable Fees||No statute|
|Security Deposit Rules||Security Deposit Amount equals one month’s rent ( pet deposit not included); 60 Days to Itemize Deductions and Return Deposit|
|Month-to-Month Notice||30 Days to End or Change Month-to-Month Tenancy Section 35-9A-441|
|Payment of Rent||No statute|
|2 Days Notice Required|
Termination for failure to pay rent
Noncompliance with rental agreement; failure to pay rent.
(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with Section 35-9A-301 materially affecting health and safety, the landlord may deliver a written notice to terminate the lease to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 14 days after receipt of the notice. If the breach is not remedied within the 14 days after receipt of the notice to terminate the lease, the rental agreement shall terminate on the date provided in the notice to terminate the lease unless the tenant adequately remedies the breach before the date specified in the notice, in which case the rental agreement shall not terminate.
(b) If rent is unpaid when due, the landlord may deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed to remedy the breach and that the rental agreement will terminate upon a date not less than seven days after receipt of the notice. If the breach is not remedied within the seven days, the rental agreement shall terminate. If a noncompliance of rental agreement occurs under both subsection (a) and this subsection, the seven-day notice period to terminate the lease for nonpayment of rent in this subsection shall govern.
(c) Except as provided in this chapter, a landlord may recover actual damages and obtain injunctive relief for noncompliance by the tenant with the rental agreement or Section 35-9A-301. If the tenant’s noncompliance is willful, the landlord may recover reasonable attorney’s fees.(Act 2006-316, p. 668, §1; Act 2009-633, §1.)
Remedies for absence, nonuse, and abandonment.
(a) If a rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 14 days pursuant to Section 35-9A-304 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.
(b) During any absence of a tenant in excess of 14 days, the landlord may enter the dwelling unit at times reasonably necessary.
(c) If a tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. But such duty shall not take priority over the landlord’s right to first rent other vacant units. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month-to-month or week-to-week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.
(d) If a tenant leaves property in the unit more than 14 days after termination pursuant to this chapter, the landlord has no duty to store or protect the tenant’s property in the unit and may dispose of it without obligation.(Act 2006-316, p. 668, §1.)
Security Deposit Rules
Security deposits; prepaid rent.
(a) A landlord may not demand or receive money as security, in an amount in excess of one month’s periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises, for tenant’s obligations under a rental agreement.
(b) Upon termination of the tenancy, money held by the landlord as security may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with Section 35-9A-301 all as itemized by the landlord in a written notice delivered to the tenant together with the amount due 35 days after termination of the tenancy and delivery of possession.
(c) If the landlord does not refund the entire deposit, the landlord, within the 35-day period, shall provide the tenant an itemized list of amounts withheld.
(d) Upon vacating the premises, the tenant shall provide to the landlord a valid forwarding address, in writing, to which the deposit or itemized accounting, or both, may be mailed. If the tenant fails to provide a valid forwarding address, the landlord shall mail, by first class mail, the deposit or itemized accounting, or both, to the last known address of the tenant or, if none, to the tenant at the address of the property. Any deposit unclaimed by the tenant as well as any check outstanding shall be forfeited by the tenant after a period of 180 days.
(e) The landlord’s mailing by first class mail to the address provided in writing by the tenant, within 35 days of the refund or itemized accounting, or both, is sufficient compliance with this chapter.
(f) If the landlord fails to mail a timely refund or accounting within the 35-day period, the landlord shall pay the tenant double the amount of the tenant’s original deposit.
(g) This section does not preclude the landlord or tenant from recovering other damages to which the landlord or tenant may be entitled.
(h) The holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this section.(Act 2006-316, p. 668, §1.)
Property Entry Notice
(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
(b) A landlord may enter the dwelling unit without consent of the tenant only in the following circumstances:
(1) In case of emergency.
(2) Pursuant to court order.
(3) As permitted by Sections 35-9A-422 and 35-9A-423(b).
(4) At reasonable times and with prior notice as provided in subsection (c), to show the premises to a prospective tenant or purchaser, if a landlord provides the tenant separate from the rental agreement a general notice signed by the tenant for the right to access for such a purpose within four months of the expiration of the rental agreement, and only in the company of a prospective tenant or purchaser.
(5) When the landlord has reasonable cause to believe the tenant has abandoned or surrendered the premises.
(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except as provided in this section or unless it is impracticable to do so, the landlord may show the premises at any reasonable time by giving the tenant at least two days’ notice of the landlord’s intent to enter and may enter only at reasonable times. Posting of a note on the primary door of entry to the residence of the tenant stating the intended time and purpose of the entry shall be a permitted method of notice for the purpose of the landlord’s right of access to the premises.
(d) If a landlord provides separate from the lease in a general notice or an advance schedule in excess of two days for repairs, maintenance, pest control, or for service relating to health or safety, whether such notice is for a specific time or within a designated time period, then no additional day’s notice is required to access the premises. A tenant may consent to provide a landlord with access to the premises with less than two days’ notice.
(Act 2006-316, p. 668, §1; Act 2009-633, §1.)