Birmingham Landlord-Tenant Rules
Birmingham adds local rules on top of Alabama landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| State preemption | Alabama bars any county, city or other local government from enacting, maintaining or enforcing rent control on private property. Birmingham has no local landlord-tenant ordinance; the Alabama Uniform Residential Landlord and Tenant Act (see the Alabama page) governs leases, deposits, repairs and evictions. The Alabama Legislature's code site did not display the section text when loaded, so the citation is carried from the Alabama state page. Source: Ala. Code § 11-80-8.1 (Acts 1993, No. 93-421) |
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| Local nondiscrimination ordinance (housing) | Birmingham's Non-Discrimination Ordinance (Ord. No. 17-121, adopted September 26, 2017) protects the right to obtain housing for rent or sale, and credit for it, without discrimination based on real or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, disability or familial status. Retaliation for using these rights is also barred. Violations are punishable by fine only: up to $100 for a first violation, $250 for a second and $500 for later ones. The Birmingham Human Rights Commission receives complaints and seeks to conciliate them with the consent of all parties. Linked from the City's Human Rights Commission page: https://birminghamal.gov/humanrightscommission. The ordinance has a small-lodging exception (a few rooms for rent). No complaint phone number for the Commission was listed. Source of income is not a protected class. |
| Rental registration/inspection | No rental registration or rental inspection program was found. Housing inspections happen when a complaint is made. Source: Official source |
| Habitability/code enforcement & complaint line | The Code Enforcement Division (Department of Planning, Engineering & Permits) handles housing code complaints. Call 311 or use the 311 Portal, giving the address and date of the violation; the Housing line is 205-297-8043. An inspector investigates, and the magistrate's office decides whether to charge a violation. Cases are heard in Environmental Court, every Wednesday at 9 a.m. in Birmingham Municipal Court. Source: Official source |
| Legal aid | Legal Services Alabama's Birmingham office (1820 Seventh Ave. N., Suite 200) serves Jefferson County and nearby counties: 205-328-3540 or 1-800-819-7685, weekdays 8 a.m. to 5 p.m. It offers full representation, brief advice and self-help materials for eligible low-income people. No current City of Birmingham rental assistance program was found; the City's emergency rental assistance found was pandemic-era. Source: Official source |
Eviction cases in Birmingham are heard in: Jefferson County District Court, Birmingham Division (civil), Jefferson County Courthouse, 716 Richard Arrington Jr. Blvd. N.; (205) 325-5355
Right to a lawyer in eviction cases
No. No right-to-counsel program for tenants was found. Official source
Local agencies
- Birmingham Code Enforcement Division (Housing) — Inspects housing code complaints and brings cases in Environmental Court. 311; Housing 205-297-8043.
- Birmingham Human Rights Commission — Receives and conciliates complaints under the Non-Discrimination Ordinance.
- Legal Services Alabama, Birmingham office — Free civil legal help for eligible low-income residents. 205-328-3540.
Frequently asked questions
What landlord-tenant rules does Birmingham add on top of Alabama law?
State preemption: Alabama bars any county, city or other local government from enacting, maintaining or enforcing rent control on private property. Birmingham has no local landlord-tenant ordinance; the Alabama Uniform Residential Landlord and Tenant Act (see the Alabama page) governs leases, deposits, repairs and evictions.; Local nondiscrimination ordinance (housing): Birmingham's Non-Discrimination Ordinance (Ord. No. 17-121, adopted September 26, 2017) protects the right to obtain housing for rent or sale, and credit for it, without discrimination based on real or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, disability or familial status. Retaliation for using these rights is also barred. Violations are punishable by fine only: up to $100 for a first violation, $250 for a second and $500 for later ones. The Birmingham Human Rights Commission receives complaints and seeks to conciliate them with the consent of all parties.; Rental registration/inspection: No rental registration or rental inspection program was found. Housing inspections happen when a complaint is made.; Habitability/code enforcement & complaint line: The Code Enforcement Division (Department of Planning, Engineering & Permits) handles housing code complaints. Call 311 or use the 311 Portal, giving the address and date of the violation; the Housing line is 205-297-8043. An inspector investigates, and the magistrate's office decides whether to charge a violation. Cases are heard in Environmental Court, every Wednesday at 9 a.m. in Birmingham Municipal Court.
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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.