Alabama Landlord-Tenant Law
The rules for renting in Alabama — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Alabama
- Security deposit limit
- One month's periodic rent. Additional deposits are allowed only for pets, changes to the premises, or increased liability risks to the landlord or premises. Ala. Code § 35-9A-201(a)
- Deposit return deadline
- Within 60 days after the tenancy ends and the tenant gives up possession. The landlord mails the refund and/or itemized accounting by first-class mail to the forwarding address the tenant gave in writing, or to the last known address or the rental address if none was given. Ala. Code § 35-9A-201(b)-(e)
- Notice for unpaid rent
- Written notice to terminate that states the rent and any late fees owed. The rental agreement terminates on a date not less than 7 business days after the tenant receives the notice, unless the tenant pays (cures) within the 7 business days. Ala. Code § 35-9A-421(b)
- Ending a month-to-month lease
- Either party gives written notice at least 30 days before the periodic rental date named in the notice. Week-to-week tenancies need at least 7 days' written notice. Ala. Code § 35-9A-441(a)-(b)
- Landlord entry notice
- The landlord must give at least two days' notice and may enter only at reasonable times. Posting a note on the tenant's primary entry door that states the time and purpose counts as notice. Entry without consent is allowed in an emergency, under a court order, or when the landlord reasonably believes the tenant has abandoned the unit. A tenant who requests repairs is deemed to consent to entry to make them. Ala. Code § 35-9A-303
- Rent control / increase limits
- Local rent control is preempted statewide. No county, city, or other local government may enact, maintain, or enforce a measure controlling the rent charged for leasing private property. There is no statewide rent cap. Ala. Code § 11-80-8.1
Last verified against official sources: 2026-10-22
Security Deposits in Alabama
| Security deposit limit | One month's periodic rent. Additional deposits are allowed only for pets, changes to the premises, or increased liability risks to the landlord or premises. Last amended by Act 2014-279. Source: Ala. Code § 35-9A-201(a) |
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| Deposit return deadline | Within 60 days after the tenancy ends and the tenant gives up possession. The landlord mails the refund and/or itemized accounting by first-class mail to the forwarding address the tenant gave in writing, or to the last known address or the rental address if none was given. Deposits or checks the tenant leaves unclaimed for 90 days are forfeited. Source: Ala. Code § 35-9A-201(b)-(e) |
| Itemized deductions | If the landlord does not refund the whole deposit, the landlord must give the tenant an itemized list of the amounts withheld within the 60-day period. Deductions are limited to accrued rent and damages from the tenant's failure to meet the duties in § 35-9A-301. Source: Ala. Code § 35-9A-201(b)-(c) |
| Interest on deposits | No statute requires the landlord to pay interest on a security deposit. § 35-9A-201 is the deposit statute and says nothing about interest. Source: Ala. Code § 35-9A-201 |
| Penalty for withholding | If the landlord does not mail a timely refund or accounting within 60 days, the landlord must pay the tenant double the amount of the tenant's original deposit. The penalty is triggered by missing the deadline. No showing of bad faith is required. Source: Ala. Code § 35-9A-201(f) |
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Eviction in Alabama
| Notice for unpaid rent | Written notice to terminate that states the rent and any late fees owed. The rental agreement terminates on a date not less than 7 business days after the tenant receives the notice, unless the tenant pays (cures) within the 7 business days. A tenant may cure a breach no more than two times in any 12-month period without the landlord's written consent (§ 35-9A-421(d)). Last amended by Act 2018-473. Source: Ala. Code § 35-9A-421(b) |
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| Notice for lease violations | For a material noncompliance, the landlord gives written notice describing the breach. The rental agreement terminates on a date not less than 7 business days after receipt unless the tenant remedies the breach first. Some acts are noncurable and allow termination on a 7-day notice: illegal drugs, illegal firearm use or discharge, criminal assault on the premises, a repeat of substantially the same breach within 6 months, and intentional misrepresentation of a material fact in the application. Some county court pages (e.g., Montgomery's 2007 guidelines) still list a 14-day notice for non-rent violations. The current statute text says 7 business days. Source: Ala. Code § 35-9A-421(a), (d) |
| Lockouts & utility shutoffs | Self-help eviction is prohibited. A landlord may not take possession, including by interrupting heat, water, hot water, electricity, gas, or other essential service, except after abandonment or surrender or as the Act permits. A tenant who is unlawfully removed, excluded, or has services cut off may recover possession or terminate the lease. In either case the tenant recovers the greater of up to 3 months' periodic rent or actual damages, plus reasonable attorney's fees. |
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Notice to Vacate in Alabama
| Ending a month-to-month lease | Either party gives written notice at least 30 days before the periodic rental date named in the notice. Week-to-week tenancies need at least 7 days' written notice. A tenant who holds over willfully and in bad faith may owe up to 3 months' periodic rent or actual damages, whichever is greater, plus attorney's fees (§ 35-9A-441(c)). Source: Ala. Code § 35-9A-441(a)-(b) |
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Landlord Entry in Alabama
| Landlord entry notice | The landlord must give at least two days' notice and may enter only at reasonable times. Posting a note on the tenant's primary entry door that states the time and purpose counts as notice. Entry without consent is allowed in an emergency, under a court order, or when the landlord reasonably believes the tenant has abandoned the unit. A tenant who requests repairs is deemed to consent to entry to make them. Additional day's notice is not needed when the landlord gave a general notice or advance schedule of more than two days for repairs, maintenance, pest control, or health and safety service. Source: Ala. Code § 35-9A-303 |
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Repairs & Habitability in Alabama
| Repair and deduct | Not available. Alabama's Act does not include the URLTA self-help repair-and-deduct remedy; § 35-9A-403 is 'Reserved'. Instead, the tenant may give 14 days' written notice to terminate if the landlord does not fix a material habitability breach, and may sue for actual damages and injunctive relief. If essential services such as heat, water, or electricity are willfully or negligently not provided, § 35-9A-404 also lets the tenant terminate on 14 days' notice or recover damages for reduced rental value. |
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| Withholding rent | Not allowed. A tenant in possession may not withhold rent to enforce any right under the Act. In an action for possession or rent, the tenant may counterclaim but must pay accrued and accruing rent into court. |
| Retaliation protection | A landlord may not retaliate by raising rent, decreasing services, or bringing or threatening an action for possession because the tenant (1) complained to a government code-enforcement agency about a health or safety violation, (2) complained to the landlord about a § 35-9A-204 maintenance violation, or (3) organized or joined a tenants' union. Remedies are those in § 35-9A-407 plus a defense to eviction. The statute sets no presumption period. The landlord may still evict for unpaid rent, for code violations the tenant caused, or for other material lease violations. Source: Ala. Code § 35-9A-501 |
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Rent Increases & Late Fees in Alabama
| Rent control / increase limits | Local rent control is preempted statewide. No county, city, or other local government may enact, maintain, or enforce a measure controlling the rent charged for leasing private property. There is no statewide rent cap. Enacted by Acts 1993, No. 93-421. Source: Ala. Code § 11-80-8.1 |
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| Late fees | No statutory cap. The statute mentions late fees only as an item that can be listed in a nonpayment notice. A search of the official Code of Alabama turned up no late-fee cap or grace-period statute for residential leases. Source: Ala. Code § 35-9A-421(b) |
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Breaking a Lease in Alabama
| Ending a lease: domestic violence | No statute — Alabama has no state law letting domestic violence, sexual assault or stalking survivors end a lease early. Full-text Code searches (domestic violence / victim / protection order combined with tenant, lease, rental agreement) returned no landlord-tenant provision. Federal VAWA protections apply only in covered federally assisted housing. Text read 2026-10-22 from the official ALISON Code of Alabama database (the same data that renders on this page). |
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| Ending a lease: military, medical, death | No state-law early termination right found in the Alabama URLTA for military service beyond the federal SCRA, medical/disability, seniors, or tenant death. Full-text searches for military / tenant death with rental agreement termination found only manufactured-home lot rules (§ 35-12A-14). Title 31 (military) not exhaustively reviewed. Text read 2026-10-22 from the official ALISON Code of Alabama database (the same data that renders on this page). |
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Squatters & Abandoned Property in Alabama
| Squatters / unauthorized occupants | An owner (or agent) of a dwelling may have an unauthorized occupant removed by law enforcement without an eviction suit. Steps: (1) give the occupant notice at the dwelling (hand delivery or posting on the front door/entrance) that they have no right to the dwelling and must vacate immediately, including the street address of the law enforcement agency; (2) submit a sworn affidavit in the statutory form to law enforcement in the county, attaching the notice with date/time of delivery and ID or proof of agency. The affidavit must state the occupant is not a tenant, holdover tenant, or immediate family member and that no litigation is pending. After verifying ownership and at least 24 hours after receiving the affidavit, law enforcement serves a notice to immediately vacate and may arrest for trespass, burglary, theft, or outstanding warrants. The agency may charge up to $50. A knowingly false affidavit can be prosecuted as false reporting (§ 13A-10-9); a wrongfully removed person may recover possession, actual damages, punitive damages of triple the fair market rent, costs and attorney fees. Squatters are excluded from Chapters 9 and 9A, so no eviction action is required. Renting or listing property without authority is a Class D felony (Class C if money was received or the owner is 70 or older). Does not apply to tenants or holdover periodic tenants (§ 35-9B-9). Sections 35-9B-3, -6, -9 and 13A-9-22/-23 read on the same site. Text read 2026-10-22 from the official ALISON Code of Alabama database (the same data that renders on this page). |
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| Belongings left behind | If a tenant leaves property in the unit more than 14 days after the tenancy is terminated under the Act, the landlord has no duty to store or protect it and may dispose of it without obligation. No notice, storage or sale procedure is set out. A unit is also considered abandoned if electric service has been off for seven consecutive days. Manufactured homes left on a leased lot follow a separate procedure (Ala. Code Ch. 35-12A, not reviewed in detail). Text read 2026-10-22 from the official ALISON Code of Alabama database (the same data that renders on this page). Source: Ala. Code § 35-9A-423(d)-(e) |
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Rental Fees in Alabama
| Application / screening fees | No statute — Alabama's Uniform Residential Landlord and Tenant Act (Ch. 35-9A) does not cap or regulate rental application or screening fees, and has no portable-screening-report rule. Full-text search of the Code for 'rental application' / 'application fee' found no landlord-tenant fee provision. § 35-9A-421(a) lets a landlord terminate, without cure, for an intentional material misrepresentation in an application. Text read 2026-10-22 from the official ALISON Code of Alabama database (the same data that renders on this page). |
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| Other rental fees | No general rental junk-fee statute. A lease may not require the tenant to pay the landlord's attorney fees or costs of collection, confess judgment, or waive deposit rules; a landlord who knowingly tries to enforce such a clause owes actual damages plus up to one month's rent and attorney fees. Security beyond one month's rent is allowed only for pets, changes to the premises, or increased liability risk. No statute found on convenience/online-payment fees or total-cost advertising. Text read 2026-10-22 from the official ALISON Code of Alabama database (the same data that renders on this page). |
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Section 8, Records & Right to Counsel in Alabama
| Section 8 / source of income | No. Alabama's Fair Housing Law covers race, color, religion, sex, familial status, national origin and handicap only; it does not protect source of income or housing-voucher holders. Text read 2026-10-22 from the official ALISON Code of Alabama database (the same data that renders on this page). Source: Ala. Code § 24-8-4 |
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| Eviction record sealing | No statute — Alabama has no law sealing, masking or expunging eviction (unlawful detainer) court records. Full-text searches for sealing/expunging eviction records found no provision. Text read 2026-10-22 from the official ALISON Code of Alabama database (the same data that renders on this page). |
| Right to a lawyer in eviction | No statewide right to counsel for tenants in eviction cases. No statute found; the Ch. 35-9A eviction provisions contain no appointment-of-counsel right. Text read 2026-10-22 from the official ALISON Code of Alabama database (the same data that renders on this page). |
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Mold, Pests, Heat & AC in Alabama
| Mold | No statute — general habitability/repair duty applies. Alabama has no mold disclosure or mold remediation law for rentals. The landlord must comply with building and housing codes affecting health and safety and must make all repairs needed to keep the premises habitable. The landlord is not responsible for conditions caused by the willful or negligent act of the tenant, the tenant's household, or guests (§ 35-9A-204(f)). Local housing codes may set more specific rules. Source: Ala. Code § 35-9A-204(a)(1)-(2) |
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| Pests & bed bugs | No statute specifically on pests or bed bugs. Pest problems fall under the landlord's general duty to keep the premises habitable and common areas clean and safe. The tenant must keep the unit as clean and safe as conditions permit and dispose of garbage in a clean and safe manner. No bed-bug disclosure or inspection rule. If the landlord gives a general notice or advance schedule for pest control, no additional notice of entry is required (§ 35-9A-303(d)). An infestation caused by the tenant's own negligence is the tenant's responsibility (§ 35-9A-204(f)). |
| Heat | Yes. The landlord must supply reasonable heat, unless the building is not required by law to have heating or the heat is generated by equipment in the tenant's exclusive control and supplied by a direct utility connection. The landlord must also keep any heating system it supplies in good and safe working order. State law sets no minimum indoor temperature or heating season. In a single-family home, landlord and tenant may agree in writing that the tenant handles heat and hot water (§ 35-9A-204(c)). Local codes may set temperatures. Source: Ala. Code § 35-9A-204(a)(4), (6) |
| Air conditioning | No state requirement to provide air conditioning and no maximum indoor temperature. If the landlord supplies air conditioning, the landlord must keep it in good and safe working order. Source: Ala. Code § 35-9A-204(a)(4) |
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Privacy, Guests & Animals in Alabama
| Cameras & privacy | No landlord-specific statute. General criminal laws apply: using a device to overhear or record private communications without the consent of at least one party is criminal eavesdropping (Class A misdemeanor); installing an eavesdropping device in a private place without permission of the owner and any tenant is a Class C felony; secret surveillance while trespassing in a private place is a crime; and photographing or filming a person's intimate areas without consent where they expect privacy is voyeurism. A landlord may enter only as allowed by § 35-9A-303 (generally 2 days' notice, or emergency) and may not use the right of access to harass the tenant. Video of common areas open to the public is not covered by the 'private place' definition. |
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| Guests & occupants | No statute — lease governs. Alabama law sets no guest-versus-tenant rule, state occupancy limit, or roommate right. The tenant must make guests on the premises behave so they do not disturb the neighbors, and the tenant is responsible for damage guests cause. Local building and housing codes may set occupancy limits. Federal and state fair housing laws limit occupancy rules that discriminate against families with children. |
| Service & support animals (state law) | Alabama's Assistance and Service Animal Integrity in Housing Act lets a landlord with a no-animals policy ask for reliable documentation, from the person's medical provider, of a disability and the disability-related need for an assistance animal, but only when these are not readily apparent or known. Documentation must be kept confidential. Misrepresenting a disability or need, making false statements to obtain documentation, creating or providing false documents, or putting a vest or sign on a pet to pass it off as an assistance or service animal is punishable by a $500 civil penalty or a Class C misdemeanor for a first offense, and a Class B misdemeanor after that. A tenant may not be charged extra for a service animal but is liable for damage it causes; the landlord may ask for proof of vaccinations. Enacted by Act 2018-235; § 21-7-9 amended by Act 2019-478. 'Assistance animal' includes an emotional support animal that qualifies as a reasonable accommodation under the federal Fair Housing Act. |
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How eviction works in Alabama
Eviction cases are heard in: District Court of the county where the property is located (circuit court also has jurisdiction according to its established jurisdiction).
- Landlord delivers a written notice to terminate: 7 business days for nonpayment or curable lease violations (§ 35-9A-421), or 30 days to end a month-to-month tenancy (§ 35-9A-441)
- Landlord files an unlawful detainer (eviction) complaint in district court
- Service: personal service first; otherwise delivery to an adult resident, or posting on the door plus first-class mailing by the close of the next business day
- Tenant files an answer within 7 calendar days after service (weekends and holidays count; if the last day falls on a weekend or legal holiday, the deadline moves to the next business day); if no answer, landlord may seek default judgment on possession
- Judgment; either party may appeal to circuit court within 7 days of entry, and the tenant must pay rent into court to stay the writ
- Writ of possession issues on landlord's application after the 7-day automatic stay
- Writ executed by the sheriff/constable
In district court, the tenant must answer an eviction or unlawful-detainer complaint within 7 calendar days after service (Ala. R. Civ. P. 12(dc)). Rule 6(dc) makes clear that weekends and holidays are not skipped in eviction cases. Money claims in district court get 14 days. Note the pre-filing notice to terminate is different: it runs 7 business days (§ 35-9A-421). The statute (§ 6-6-332(b)) also requires the notice to be served at least six days before the return day.
Source: Ala. Code §§ 35-9A-461, 35-9A-141(3), 6-6-330, 6-6-332, 6-6-350; Ala. R. Civ. P. 6(dc), 12(dc)
What surprises people about Alabama rental law
- Missing the 60-day deposit deadline costs the landlord double the original deposit, whether or not the landlord acted in bad faith (Ala. Code § 35-9A-201(f)).
- Tenants have no right to withhold rent or repair-and-deduct; the remedy for a serious repair problem is a 14-day notice to terminate or a suit for damages (Ala. Code §§ 35-9A-164, 35-9A-401).
- A tenant may cure a lease breach only twice in 12 months without the landlord's written consent (Ala. Code § 35-9A-421(d)).
- To stay an eviction while appealing, the tenant must pay all rent due since the filing into the circuit court clerk and keep paying as rent comes due (Ala. Code § 35-9A-461(d)).
- Unclaimed deposit refunds or uncashed refund checks are forfeited after 90 days (Ala. Code § 35-9A-201(d)).
Federal law that also applies in Alabama
These federal rules apply on top of Alabama law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Alabama
These cities add their own tenant protections on top of state law:
Eviction by county in Alabama
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Jefferson County (Birmingham, Bessemer)
- Eviction in Mobile County (Mobile)
- Eviction in Madison County (Huntsville)
- Eviction in Montgomery County (Montgomery)
- Eviction in Tuscaloosa County (Tuscaloosa)
For landlords
How to evict a tenant in Alabama — steps, cost, timeline and forms.
Common Alabama questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Alabama compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Alabama | One month's periodic rent. Additional deposits are allowed only for pets, changes to the premises, or increased liability risks to the landlord or premises. Ala. Code § 35-9A-201(a) | Within 60 days after the tenancy ends and the tenant gives up possession. The landlord mails the refund and/or itemized accounting by first-class mail to the forwarding address the tenant gave in writing, or to the last known address or the rental address if none was given. Ala. Code § 35-9A-201(b)-(e) | Written notice to terminate that states the rent and any late fees owed. The rental agreement terminates on a date not less than 7 business days after the tenant receives the notice, unless the tenant pays (cures) within the 7 business days. Ala. Code § 35-9A-421(b) |
| Florida | No statutory cap on the amount of a security deposit. Fla. Stat. § 83.49 | 15 days after the lease ends if the landlord makes no claim. If the landlord intends to keep any part, written notice of the claim must be sent within 30 days (certified mail to last known address, or e-mail under § 83.505); tenant then has 15 days to object, and the balance is due within 30 days of the notice. Fla. Stat. § 83.49(3)(a)-(b) | 3-day written notice to pay or vacate, excluding Saturdays, Sundays, and court-observed legal holidays, substantially in the statutory form. Fla. Stat. § 83.56(3) |
| Georgia | 2 months' rent. No landlord may demand or receive a security deposit that exceeds the equivalent of two months' rent. O.C.G.A. § 44-7-30.1 (added by HB 404, 2024 Safe at Home Act, Act 392) | Within 30 days after the landlord obtains possession of the unit. The landlord complies by mailing the statement and any refund by first-class mail to the tenant's last known address. If the mailed refund is returned undeliverable and the tenant cannot be located after reasonable effort, it becomes the landlord's property 90 days after mailing. O.C.G.A. § 44-7-34(a) | Before filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement. O.C.G.A. § 44-7-50(c), (d) (as amended by HB 404, 2024 Safe at Home Act, Act 392) |
| Mississippi | No statutory cap. § 89-8-21 governs how deposits are held and returned but sets no maximum amount. Miss. Code Ann. § 89-8-21 | Within 45 days after the tenancy ends, the tenant delivers possession, and the tenant demands return. Miss. Code Ann. § 89-8-21(3) | 3 days. The landlord may give written notice (or email/text, if the tenant agreed in writing to be notified that way) that the rental agreement will end if the rent is not paid within three days. Miss. Code Ann. § 89-8-13(5)(a) |
| Tennessee | No statutory cap on the amount of a security deposit. T.C.A. 66-28-301 | No fixed number of days for returning the deposit. In URLTA counties, if the tenant leaves owing no rent and is due a refund, the landlord must send notice of the refund amount to the tenant's last known or reasonably determinable address. If the tenant does not respond within 60 days of that notice, the landlord may keep the deposit. Move-out inspection: on the move-out day or within 4 calendar days after it. T.C.A. 66-28-301(b)(1)(A), (f) | 14 days. URLTA counties: written notice that the lease will end unless the rent is paid within 14 days after the tenant receives the notice. The tenant can cure by paying. Notice may be waived only by a waiver in 12-point or larger bold type in the lease, and the 5-day late-fee grace period still applies. Non-URLTA counties: 14 days' notice for rent that is due and in arrears, upon demand. The lease does not end if the tenant pays before the date in the notice. T.C.A. 66-28-505(a)(2), (b); 66-28-201(c); 66-7-109(a) |
Alabama landlord-tenant FAQ
How much can a landlord charge for a security deposit in Alabama?
One month's periodic rent. Additional deposits are allowed only for pets, changes to the premises, or increased liability risks to the landlord or premises. (Ala. Code § 35-9A-201(a))
How long does a landlord have to return a security deposit in Alabama?
Within 60 days after the tenancy ends and the tenant gives up possession. The landlord mails the refund and/or itemized accounting by first-class mail to the forwarding address the tenant gave in writing, or to the last known address or the rental address if none was given. (Ala. Code § 35-9A-201(b)-(e))
Does a landlord have to pay interest on a security deposit in Alabama?
No statute requires the landlord to pay interest on a security deposit. (Ala. Code § 35-9A-201)
Does a landlord in Alabama have to give an itemized list of deposit deductions?
If the landlord does not refund the whole deposit, the landlord must give the tenant an itemized list of the amounts withheld within the 60-day period. Deductions are limited to accrued rent and damages from the tenant's failure to meet the duties in § 35-9A-301. (Ala. Code § 35-9A-201(b)-(c))
What happens if a landlord in Alabama wrongfully keeps a security deposit?
If the landlord does not mail a timely refund or accounting within 60 days, the landlord must pay the tenant double the amount of the tenant's original deposit. (Ala. Code § 35-9A-201(f))
How much notice does a landlord have to give before evicting for unpaid rent in Alabama?
Written notice to terminate that states the rent and any late fees owed. The rental agreement terminates on a date not less than 7 business days after the tenant receives the notice, unless the tenant pays (cures) within the 7 business days. (Ala. Code § 35-9A-421(b))
How much notice is required to evict for a lease violation in Alabama?
For a material noncompliance, the landlord gives written notice describing the breach. The rental agreement terminates on a date not less than 7 business days after receipt unless the tenant remedies the breach first. Some acts are noncurable and allow termination on a 7-day notice: illegal drugs, illegal firearm use or discharge, criminal assault on the premises, a repeat of substantially the same breach within 6 months, and intentional misrepresentation of a material fact in the application. (Ala. Code § 35-9A-421(a), (d))
How much notice is needed to end a month-to-month lease in Alabama?
Either party gives written notice at least 30 days before the periodic rental date named in the notice. Week-to-week tenancies need at least 7 days' written notice. (Ala. Code § 35-9A-441(a)-(b))
Can a landlord enter without notice in Alabama?
The landlord must give at least two days' notice and may enter only at reasonable times. Posting a note on the tenant's primary entry door that states the time and purpose counts as notice. Entry without consent is allowed in an emergency, under a court order, or when the landlord reasonably believes the tenant has abandoned the unit. A tenant who requests repairs is deemed to consent to entry to make them. (Ala. Code § 35-9A-303)
Is there a limit on late fees in Alabama?
No statutory cap. The statute mentions late fees only as an item that can be listed in a nonpayment notice. (Ala. Code § 35-9A-421(b))
Can a tenant repair and deduct from rent in Alabama?
Not available. Alabama's Act does not include the URLTA self-help repair-and-deduct remedy; § 35-9A-403 is 'Reserved'. Instead, the tenant may give 14 days' written notice to terminate if the landlord does not fix a material habitability breach, and may sue for actual damages and injunctive relief. (Ala. Code §§ 35-9A-401, 35-9A-403, 35-9A-404)
Can a tenant withhold rent for repairs in Alabama?
Not allowed. A tenant in possession may not withhold rent to enforce any right under the Act. In an action for possession or rent, the tenant may counterclaim but must pay accrued and accruing rent into court. (Ala. Code §§ 35-9A-164, 35-9A-405)
Can a landlord retaliate against a tenant for complaining in Alabama?
A landlord may not retaliate by raising rent, decreasing services, or bringing or threatening an action for possession because the tenant (1) complained to a government code-enforcement agency about a health or safety violation, (2) complained to the landlord about a § 35-9A-204 maintenance violation, or (3) organized or joined a tenants' union. Remedies are those in § 35-9A-407 plus a defense to eviction. (Ala. Code § 35-9A-501)
Is there rent control or a limit on rent increases in Alabama?
Local rent control is preempted statewide. No county, city, or other local government may enact, maintain, or enforce a measure controlling the rent charged for leasing private property. There is no statewide rent cap. (Ala. Code § 11-80-8.1)
Can a landlord change the locks or shut off utilities in Alabama?
Self-help eviction is prohibited. A landlord may not take possession, including by interrupting heat, water, hot water, electricity, gas, or other essential service, except after abandonment or surrender or as the Act permits. A tenant who is unlawfully removed, excluded, or has services cut off may recover possession or terminate the lease. In either case the tenant recovers the greater of up to 3 months' periodic rent or actual damages, plus reasonable attorney's fees. (Ala. Code §§ 35-9A-427, 35-9A-407)
What is the small claims court limit in Alabama for a deposit dispute?
$6,000 (district court small claims docket; exclusive of interest and costs) (Ala. Code § 12-12-31(a))
How do you remove a squatter in Alabama?
An owner (or agent) of a dwelling may have an unauthorized occupant removed by law enforcement without an eviction suit. Steps: (1) give the occupant notice at the dwelling (hand delivery or posting on the front door/entrance) that they have no right to the dwelling and must vacate immediately, including the street address of the law enforcement agency; (2) submit a sworn affidavit in the statutory form to law enforcement in the county, attaching the notice with date/time of delivery and ID or proof of agency. The affidavit must state the occupant is not a tenant, holdover tenant, or immediate family member and that no litigation is pending. After verifying ownership and at least 24 hours after receiving the affidavit, law enforcement serves a notice to immediately vacate and may arrest for trespass, burglary, theft, or outstanding warrants. The agency may charge up to $50. A knowingly false affidavit can be prosecuted as false reporting (§ 13A-10-9); a wrongfully removed person may recover possession, actual damages, punitive damages of triple the fair market rent, costs and attorney fees. Squatters are excluded from Chapters 9 and 9A, so no eviction action is required. Renting or listing property without authority is a Class D felony (Class C if money was received or the owner is 70 or older). (Ala. Code §§ 35-9B-1 to 35-9B-9 (Act 2024-237); §§ 13A-9-22, 13A-9-23 (Act 2026-536))
What can a landlord do with a tenant's abandoned property in Alabama?
If a tenant leaves property in the unit more than 14 days after the tenancy is terminated under the Act, the landlord has no duty to store or protect it and may dispose of it without obligation. No notice, storage or sale procedure is set out. A unit is also considered abandoned if electric service has been off for seven consecutive days. (Ala. Code § 35-9A-423(d)-(e))
Is there a limit on rental application fees in Alabama?
No statute — Alabama's Uniform Residential Landlord and Tenant Act (Ch. 35-9A) does not cap or regulate rental application or screening fees, and has no portable-screening-report rule. (Ala. Code Title 35, Ch. 9A (checked))
What rental fees are banned or limited in Alabama?
No general rental junk-fee statute. A lease may not require the tenant to pay the landlord's attorney fees or costs of collection, confess judgment, or waive deposit rules; a landlord who knowingly tries to enforce such a clause owes actual damages plus up to one month's rent and attorney fees. Security beyond one month's rent is allowed only for pets, changes to the premises, or increased liability risk. (Ala. Code §§ 35-9A-163, 35-9A-201(a))
Can a domestic violence survivor break a lease in Alabama?
No statute — Alabama has no state law letting domestic violence, sexual assault or stalking survivors end a lease early. (Ala. Code Title 35, Ch. 9A (checked))
When can a tenant break a lease without penalty in Alabama?
No state-law early termination right found in the Alabama URLTA for military service beyond the federal SCRA, medical/disability, seniors, or tenant death. (Ala. Code Title 35, Ch. 9A (checked))
Can an eviction record be sealed or removed in Alabama?
No statute — Alabama has no law sealing, masking or expunging eviction (unlawful detainer) court records. (Ala. Code § 35-9A-461; §§ 6-6-310 et seq. (checked))
Can a landlord refuse Section 8 vouchers in Alabama?
No. Alabama's Fair Housing Law covers race, color, religion, sex, familial status, national origin and handicap only; it does not protect source of income or housing-voucher holders. (Ala. Code § 24-8-4)
Do tenants have a right to a free lawyer in eviction cases in Alabama?
No statewide right to counsel for tenants in eviction cases. (Ala. Code § 35-9A-461 (eviction actions))
What does a Alabama notice to pay rent or quit have to include?
Written notice to terminate that specifies the amount of rent and any late fees owed to cure, and states that the rental agreement will terminate on a date not less than 7 business days after the tenant receives it. If not cured within the 7 business days, the agreement terminates. If both nonpayment and another breach exist, the 7-day nonpayment period governs. A tenant may cure no more than twice in 12 months without the landlord's written consent. (Ala. Code § 35-9A-421(b), (d))
What does a Alabama notice to end a month-to-month tenancy have to include?
Written notice given at least 30 days before the periodic rental date specified in the notice (month-to-month); at least 7 days before the termination date for week-to-week. Either party may give it. No required wording beyond the termination date. (Ala. Code § 35-9A-441(a)-(b))
What must a Alabama security deposit itemization include?
A written notice itemizing accrued rent and damages from the tenant's noncompliance with § 35-9A-301, delivered with any amount due within 60 days after termination and delivery of possession; if the full deposit is not refunded, an itemized list of amounts withheld within those 60 days. Mail by first-class mail to the tenant's written forwarding address (or the last known address, or the rental address if none). Timely first-class mailing is sufficient compliance. Missing the 60 days means the landlord owes double the original deposit. (Ala. Code § 35-9A-201(b)-(f))
How long does a landlord have to sue for unpaid rent in Alabama?
6 years for actions founded on promises in writing not under seal (a written lease), and 6 years for arrears of rent under an oral lease ("parol demise") and for use and occupation of land. Claims on an open or unliquidated account have 3 years. (Ala. Code § 6-2-34(4), (5), (6), (9); § 6-2-37(1))
Can a landlord accept rent during an eviction in Alabama?
Yes, by default. If the landlord accepts rent knowing the tenant is in default, or accepts performance that varies from the lease, the landlord waives the right to terminate the lease for that breach, unless the parties agree otherwise after the breach occurs. The Act does not set a separate partial-payment rule. (Ala. Code § 35-9A-424)
Can you be evicted in the winter in Alabama?
No statute. Alabama's landlord-tenant Act (Ch. 35-9A) has no cold-weather or winter limit on evictions. A landlord may not cut heat, water, electricity or gas to force a tenant out, in any season. (Ala. Code Title 35, Ch. 9A (checked); § 35-9A-407)
Can a landlord give notice by text or email in Alabama?
For general notices under the Act, a tenant is presumed to receive a notice when it is handed to them, or 3 days after it is mailed with prepaid postage to their last known residence. A landlord receives notice when it is delivered to the landlord's place of business or mailed to the address the landlord names. This general rule does not apply to notices that end a tenancy or start an eviction, and the Act sets no delivery method for those. A notice of entry may be posted on the tenant's main entry door. The Act has no rule on email or text notices. (Ala. Code § 35-9A-144(c), (e); § 35-9A-303)
How much notice is required for a rent increase in Alabama?
No statute. Alabama sets no notice period for a rent increase. For a month-to-month tenancy, the landlord can change the terms by ending the tenancy with at least 30 days' written notice before the periodic rental date (7 days for week-to-week). A landlord may not raise rent to retaliate against a tenant for protected activity. (Ala. Code § 35-9A-441(a)-(b); § 35-9A-501)
Does a landlord have to give a copy of the lease in Alabama?
The Act does not require the landlord to give the tenant a copy of the signed lease. The landlord must disclose in writing, at or before the start of the tenancy, the name and business address of (1) the property manager and (2) an owner, or a person authorized to accept legal papers and notices for the owner. This information must be kept current. A person who fails to disclose becomes the owner's agent for service and for the landlord's duties. If one side does not sign the lease but accepts rent (landlord) or possession (tenant), the lease takes effect anyway, for no more than one year. (Ala. Code § 35-9A-202; § 35-9A-162)
What are tenants' rights in a foreclosure in Alabama?
No statute protecting tenants in foreclosure was found in the landlord-tenant Act. The disclosure duty in § 35-9A-202 binds any successor landlord or owner. Tenants rely on the federal Protecting Tenants at Foreclosure Act (90-day notice). (Ala. Code Title 35, Ch. 9A (checked); § 35-9A-202(b))
Does a landlord have to fix mold in Alabama?
No statute — general habitability/repair duty applies. Alabama has no mold disclosure or mold remediation law for rentals. The landlord must comply with building and housing codes affecting health and safety and must make all repairs needed to keep the premises habitable. (Ala. Code § 35-9A-204(a)(1)-(2))
Who pays for pest control and bed bugs in Alabama?
No statute specifically on pests or bed bugs. Pest problems fall under the landlord's general duty to keep the premises habitable and common areas clean and safe. The tenant must keep the unit as clean and safe as conditions permit and dispose of garbage in a clean and safe manner. (Ala. Code §§ 35-9A-204(a)(2)-(3), 35-9A-301(2)-(3))
Does a landlord have to provide heat in Alabama?
Yes. The landlord must supply reasonable heat, unless the building is not required by law to have heating or the heat is generated by equipment in the tenant's exclusive control and supplied by a direct utility connection. The landlord must also keep any heating system it supplies in good and safe working order. State law sets no minimum indoor temperature or heating season. (Ala. Code § 35-9A-204(a)(4), (6))
Does a landlord have to provide air conditioning in Alabama?
No state requirement to provide air conditioning and no maximum indoor temperature. If the landlord supplies air conditioning, the landlord must keep it in good and safe working order. (Ala. Code § 35-9A-204(a)(4))
What can a landlord deduct from a deposit for cleaning or damage in Alabama?
The statute does not define normal wear and tear. A landlord may deduct from the deposit only accrued rent and damages caused by the tenant's failure to meet the tenant's duties, such as deliberately or negligently damaging the premises or failing to keep the unit clean and safe. The deductions must be itemized. (Ala. Code §§ 35-9A-201(b)-(c), 35-9A-301)
Can a landlord put cameras in or around a rental in Alabama?
No landlord-specific statute. General criminal laws apply: using a device to overhear or record private communications without the consent of at least one party is criminal eavesdropping (Class A misdemeanor); installing an eavesdropping device in a private place without permission of the owner and any tenant is a Class C felony; secret surveillance while trespassing in a private place is a crime; and photographing or filming a person's intimate areas without consent where they expect privacy is voyeurism. (Ala. Code §§ 13A-11-30 to 13A-11-33, 13A-11-41, 13A-11-42; § 35-9A-303)
Can a landlord limit guests or roommates in Alabama?
No statute — lease governs. Alabama law sets no guest-versus-tenant rule, state occupancy limit, or roommate right. The tenant must make guests on the premises behave so they do not disturb the neighbors, and the tenant is responsible for damage guests cause. (Ala. Code §§ 35-9A-301(6)-(7), 35-9A-204(f))
Can a landlord deny a service or emotional support animal in Alabama?
Alabama's Assistance and Service Animal Integrity in Housing Act lets a landlord with a no-animals policy ask for reliable documentation, from the person's medical provider, of a disability and the disability-related need for an assistance animal, but only when these are not readily apparent or known. Documentation must be kept confidential. Misrepresenting a disability or need, making false statements to obtain documentation, creating or providing false documents, or putting a vest or sign on a pet to pass it off as an assistance or service animal is punishable by a $500 civil penalty or a Class C misdemeanor for a first offense, and a Class B misdemeanor after that. A tenant may not be charged extra for a service animal but is liable for damage it causes; the landlord may ask for proof of vaccinations. (Ala. Code §§ 24-8A-1 to 24-8A-5; § 21-7-9(c))
Official resources for Alabama
- Code of Alabama (Alabama Legislature) - Title 35, Chapter 9A
- Montgomery County District Court - Unlawful Detainers (Eviction)
- Calhoun County District Court - District Civil (evictions)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.