An Alabama lease agreement is a rental document that must include the terms and conditions between a landlord who rents the property and their tenant. The contract outlines vital information, such as the rent, applicable late fees and grace periods, and landlord and tenant obligations and responsibilities.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: No.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: No.
Before entering an agreement, landlords use a rental application to assess prospective tenants.
By Type (6)
Month-to-Month Rental Agreement
Outlines the terms and conditions for the rental of a property on a month-to-month basis.
Sublease Agreement
Allows the subtenant to rent all or part of the rented property for a specific period.
Rent-to-Own Lease Agreement
Provides a unique arrangement for tenants who want to eventually own a property but are not ready to make an immediate purchase.
Required Lease Disclosures
Alabama landlords must adhere to state laws and regulations [1] when entering a lease:
- Lead-Based Paint Disclosure. All landlords of any building constructed before 1978 must notify tenants of the potential existence of lead-based hazards. [2]
- Identification of Landlord or Authorized Agents. Landlords must disclose to the tenant in writing the name and address of the person in charge of managing the premises and the owner of the property.
Security Deposit
- Maximum Amount: Landlords can request up to one month’s rent as a security deposit from tenants. Pet deposits and other additional fees are allowed as well. [3]
- Receipts: Not specified.
- Interest Payments: Not required.
- Bank Account: Not required.
- Returning Requirements: Landlords are required to return a tenant’s security deposit within 60 days of termination of the lease. If the tenant hasn’t given a forwarding address, the deposit should go to their last-known address or the rental property. Any deposits not claimed within 90 days will be forfeited. [4]
- Withholding Rules: Landlords can partially withhold the security deposit if the tenant withholds rent without reason or violates the lease. They must provide an itemized list of deductions within 60 days. After this period, they may lose the right to collect the deposit.
Rent Payments
- Laws: Rent is typically due on the 1st of the month as stated in the lease agreement. [5]
- Rent Control: Alabama has no rent control policies, allowing landlords to set rent amounts as they see fit.
- Late Fees and Grace Period: State law permits landlords to charge late fees, but it’s optional. If included in the agreement, landlords can set these fees at any amount they choose. If rent is unpaid, the landlord can initiate eviction with a 7-day notice to pay rent or quit.
- Withholding Rent: Tenants cannot withhold rent for necessary maintenance or repairs. [6]
Landlord Right of Entry
- Notice Requirements: Landlords must give at minimum two days’ notice before entering the property for maintenance and repair purposes. Emergency entry without notice is permitted and includes a fire, serious water leak, or another severe health or safety issue. [7]
- Keys, Locks, and Security: Not specified.
Property Repairs
- Landlord Responsibilities: Landlords must provide a rental unit that meets local health and safety regulations and promptly make requested repairs to avoid legal disputes.
- Tenant Repairs: Tenants must maintain the premises, make minor repairs, and clean the premises within seven days if requested by the landlord. If tenants don’t address a health and safety issue within seven days of notice, the landlord can enter, make the repairs, and bill the tenant for the costs. [8]
- Abandonment: A lease can stipulate that tenants must notify the landlord of any absence exceeding 14 days, during which the landlord may enter the property. [9]
Terminating a Lease
- Month-to-Month Tenancy: The parties can end a month-to-month tenancy with a 30-day notice.
- Unclaimed Property: After lease termination, the landlord must store the tenant’s belongings for 14 days. If the property remains unclaimed, the landlord can sell it. [10]
Sample
The Alabama lease agreement template below defines all necessary rental terms. You can download it in PDF or Word format.
