An Alabama sublease agreement is a written agreement between the original tenant (or “sublessor”) of a rental property, and a new tenant (or “sublessee”) who wants to rent that property for a period of time. Subleasing is a great option for tenants interested in moving without breaking their original lease, or for those seeking to earn some extra money by renting out part of their property to a subtenant.
In an Alabama sublease, the subtenant remains bound by all terms and conditions of the original lease agreement, and the original tenant is ultimately responsible if the subtenant fails to pay rent or damages the property. It’s important for tenants to make the terms of subleasing clear to a subtenant by filling out a blank Alabama sublease agreement.
To save time and ensure everything is filled out correctly, we recommend using our free Alabama sublease agreement builder or reading our steps on how to write an Alabama sublease agreement below.
How to Write an Alabama Sublease Agreement
- Select your property type — This will generally be a room, a house, an apartment, or a condo.
- List the names of all current tenants as well as the names of the proposed subtenants — The sublease agreement should clearly define who is currently renting the property and who hopes to rent the property as a subtenant.
- List the address of the property being subleased.
- List the address where rent payments and legal notices should be sent — This is often the same address as the rental property, but if the tenant plans to reside elsewhere during the sublease, this address should be included.
- List the name of the landlord on the original lease and attach a copy — Because the subtenant will be bound by all the terms and conditions of the original lease agreement, this must be provided so that the subtenant has proper notice of their obligations.
- Add any additional relevant information about the property — If you don’t intend the subtenant to have the same full property access granted by the original lease agreement (e.g. you’re just renting out a room in your apartment), the sublease agreement should make this clear. State all aspects of the property that are (and aren’t) available to the subtenant, from kitchen facilities to parking, storage units, or community amenities like a pool or gym.
- List the dates of the sublease — Some subleases are “fixed” and have a defined beginning or end date. Others may be week-to-week or month-to-month, and it should be specified in the agreement that these tenancies can’t exceed the end date of the original lease.
- List the amount of rent that will be charged, when it is due, and how it should be paid — The sublease agreement should specify the full amount of rent owed by the tenant, as well as the portion for which the subtenant will be responsible.
Alabama Sublease Laws
Note: Once you’ve filled out your Alabama sublease agreement, you will effectively be the landlord for your subtenant.
This means you must honor the terms of the sublease agreement (as well as the original lease) and follow all Alabama laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Alabama Landlord-Tenant Laws: Title 35, Chapter 9A of the Code of Alabama
In Alabama, a sublessor must:
- Give a subtenant 7 days written notice to pay rent or leave
- Return the security deposit within sixty days (60) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Alabama Sublease FAQs
Is subletting legal in Alabama?
Yes, subletting is legal in Alabama as long as the original lease agreement doesn’t specifically prohibit it.
Can a tenant sublet in Alabama without their landlord’s permission?
No, a tenant must receive their landlord’s permission before subletting a property. Tenants should send a notice to their landlord, via certified mail, requesting permission to sublease. In the request, provide any available information about the prospective subtenant and the reason for subletting. If the landlord doesn’t respond within 30 days, this is legally considered consent to sublet. If the landlord rejects the sublease within 30 days of receiving the request, they’ll need to provide a reason why.
Can an Alabama landlord reject a request to sublet if the original lease allows subletting?
As long as subletting is permitted under the original lease, the landlord can refuse to approve a particular subtenant only for a few non-arbitrary reasons. These include:
- A poor credit score or no credit history;
- A recent eviction, foreclosure, or bankruptcy; or
- No proof of employment or current income.
If a landlord rejects a subtenant for a reason that doesn’t fall into one of these categories, or doesn’t provide any reason for rejecting the subtenant, this may be considered an arbitrary denial, which is prohibited. As long as the tenant presents a subtenant who is as qualified as the tenant, the landlord has some obligation to approve the arrangement.