Alabama is one of two states in the nation that does not currently have a landlord-tenant law.

Is it necessary to have a written lease or rental agreement in Alabama?

A lease can be written or oral, unless the term is for more than 1 year, in which case it must be in writing.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

The landlord has the right to charge a security deposit. There is no limit on the amount of the security deposit, however, it is typically 1 month’s rent. The landlord is not required to keep the security deposit in a bank account.

At the end of the tenancy, the landlord may deduct any unpaid rent, the cost of repairing any damage caused by the tenant (not including normal wear and tear), and cleaning costs if extra cleaning is required. Alabama has no special law regarding the return of security deposits. If the landlord refuses to return the deposit, the tenant can sue in small claims court.

When is the landlord allowed to increase the rent?

There is no state law governing the amount of notice required before a landlord can increase the rent.

Can the landlord levy additional charges for late rent?

Yes, the landlord can levy a late fee if it is a condition of the lease. But even if a late fee is allowed under the lease, the landlord may be able to say that the tenant broke the lease if the tenant does not try to pay the rent on the date it is due.

How can a lease be terminated?

A 30-day lease (month to month) can usually be terminated by either party giving 30 days written notice. However, the Alabama Code states that a 10-day notice can be given by the landlord to terminate a lease.

When is the landlord permitted to enter the premises?

There is no State law governing the landlord's entry into the premises. The circumstances and the amount of notice required should be negotiated between the landlord and the tenant prior to entering into the tenancy arrangement.

On what grounds can a landlord evict a tenant?

If a tenant does not pay the rent on time, the landlord can declare the lease at an end and demand that the tenant move within 10 days. The landlord can then file an eviction action in court. A landlord can also evict a tenant for violating a provision of the lease other than nonpayment of rent.

A landlord cannot lock a tenant out or remove the tenant’s belongings. The landlord must go through the eviction process. There are two types of evictions in Alabama – Sanderson Act evictions and Unlawful Detainer evictions. Sanderson Act evictions are favored by landlords because they move faster.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.

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