Can I Sue My Landlord in Alabama?
Yes — in many situations. These are the main claims Alabama tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| 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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| 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) |
Free Alabama security deposit demand letter
You were locked out or your utilities were cut off
| 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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Your landlord retaliated after you complained
| Landlord retaliation | 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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Your landlord won't make repairs
| 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. |
| 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) |
| 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) |
Free Alabama repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| 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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| 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. |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing 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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Other claims tenants bring in Alabama
| Constructive eviction (conditions forced you out) | No Alabama statute uses the term "constructive eviction." The Landlord and Tenant Act gives similar move-out rights: if the landlord materially fails to follow the lease or a repair duty that materially affects health and safety, the tenant can give written notice ending the lease in not less than 14 days unless the landlord fixes the problem in that time. If the landlord willfully or negligently fails to provide heat, water, hot water, electricity, gas or another essential service after notice, the tenant can end the lease on 14 days' written notice and move out with no further obligation. If the landlord locks the tenant out or willfully cuts off essential services, the tenant can end the lease and recover up to three months' rent or actual damages, whichever is greater, plus attorney's fees. A tenant who uses the essential-services remedy in § 35-9A-404 cannot also use § 35-9A-401 for the same breach. Rent is owed until the lease actually ends under these sections. |
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| Covenant of quiet enjoyment | No Alabama statute expressly states a covenant of quiet enjoyment. The Landlord and Tenant Act protects the tenant's possession in related ways: the landlord may enter only as the Act allows, and a landlord who unlawfully removes or locks out the tenant or willfully cuts off essential services owes up to three months' rent or actual damages, whichever is greater, plus attorney's fees. Any common-law covenant of quiet enjoyment comes from court decisions, not this Act. |
| Injuries on the property | No Alabama statute sets a general rule on landlord liability for injuries. Under the Landlord and Tenant Act, the tenant may recover actual damages and reasonable attorney's fees when the landlord fails to follow the lease or the duty to maintain the premises (§ 35-9A-204), and a lease clause that excuses or limits the landlord's liability under the law, or makes the tenant indemnify the landlord, is unenforceable. Whether and when a landlord is liable for personal injuries is mainly decided by court decisions on negligence and premises liability. |
Where and when to sue
| Small claims limit | $6,000, exclusive of interest and costs. Eviction (unlawful detainer) cases are not small claims cases; they are filed on the regular district court docket (Ala. Small Claims Rule A). |
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| Small claims filing fee | Fees are set by claim amount. Example (Escambia County district court schedule): one plaintiff/one defendant with certified-mail service is $80 (claims up to $1,500), $154 (up to $3,000) or $243 (up to $6,000), plus certified mail cost; sheriff or process-server service is $110, $184 or $273. A filer who cannot afford the fee may ask to proceed on an Affidavit of Substantial Hardship (form C-10-Civil). Totals include local charges and can differ from county to county; check the clerk in the county where you file. |
| Deadline to sue on a written lease | 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. |
How small claims court works in Alabama →
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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.