Last updated September 27, 2026
Written by LawLease Editorial
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Alabama Residential Lease Agreement
A Alabama residential lease (also called a Alabama rental agreement) sets the rent, term and house rules for a home rental. An Alabama residential lease agreement is governed by the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §35-9A-101 et seq.). Alabama departs from the uniform model in ways that catch landlords out — a 60-day deposit deadline backed by a double-deposit penalty, two days’ notice before entry, and a 7-business-day notice for nonpayment.
Alabama landlord–tenant law at a glance
| Security deposit limit | 1 month’s rent, plus extra security allowed for pets, alterations, or higher-liability activitiesAla. Code §35-9A-201 |
|---|---|
| Deposit return | 60 days after the tenancy ends and possession is returned; late = double the depositAla. Code §35-9A-201 |
| Late fees | No statutory cap or grace period; set by the lease |
| Rent-increase notice | No specific statute; a month-to-month change needs the 30-day periodic noticeAla. Code §35-9A-441 |
| Landlord entry | At least 2 days’ notice, at reasonable times (posting on the door counts)Ala. Code §35-9A-303 |
| Month-to-month termination | 30 days’ written notice before the rental dateAla. Code §35-9A-441 |
| Nonpayment eviction notice | 7 business days to pay or the lease terminatesAla. Code §35-9A-421(b) |
| Rent control | Prohibited statewideAla. Code §11-80-8.1 |
Security deposits in Alabama
Alabama caps the security deposit at one month’s periodic rent (§35-9A-201). Unlike most capped states, the statute expressly lets a landlord collect additional security on top of that ceiling in three situations — so a flat “one month, no exceptions” rule overstates the limit.
- Carve-outs above the cap — Extra security may be required for pets, for changes the tenant makes to the premises, and for tenant activities that increase the landlord’s liability risk (§35-9A-201).
- What can be deducted — The deposit may be applied to accrued rent and to damages the landlord suffers because the tenant failed to meet the tenant’s statutory maintenance duties (§35-9A-201(b), §35-9A-301).
- 60-day return — Within 60 days after the tenancy ends and the tenant delivers possession, the landlord must mail the refund, or an itemized list of amounts withheld with any balance, to the tenant’s forwarding address (or last known address if none was given).
- Double-deposit penalty — A landlord who misses the 60-day window owes the tenant double the amount of the original deposit — not double the amount withheld (§35-9A-201(f)).
- Unclaimed refunds — If a refund mailed to the tenant goes unclaimed for 90 days, it becomes the landlord’s property.
Rent, late fees & rent increases
Alabama has no statute capping late fees or requiring a grace period, so the lease controls. Because courts can refuse to enforce a charge that works as a penalty rather than a reasonable estimate of the landlord’s loss, the fee should be stated in the lease and kept proportionate.
- Late fees in the notice — Since the 2018 amendments, a nonpayment notice must state the amount of rent and any late fees owed to cure the breach (§35-9A-421(b)) — so the fee needs to be spelled out in the lease to be collectible this way.
- Rent increases — Alabama sets no separate rent-increase notice period. A fixed-term lease can’t be changed mid-term without agreement; for a month-to-month tenancy, an increase should be given at least the 30 days required to end the tenancy (§35-9A-441).
- Rent control — Cities and counties are barred from adopting any ordinance that controls the amount of rent on private property (§11-80-8.1), so there’s no statutory cap on the size of an increase.
Landlord entry & access
Alabama requires at least two days’ notice before a landlord enters, and entry must be at reasonable times (§35-9A-303) — longer than the 24 hours common in many states. Posting a note on the primary entry door satisfies the notice requirement.
No notice is needed in an emergency, under a court order, or once the tenant has abandoned or surrendered the unit. When the tenant asks for a repair or maintenance, the request itself counts as consent to enter for that work. The tenant can’t unreasonably refuse lawful entry, and the landlord can’t abuse the right of access to harass the tenant.
Ending an Alabama tenancy
A periodic tenancy ends with written notice from either side. For month-to-month, the notice must be given at least 30 days before the periodic rental date named in it (§35-9A-441).
| Week-to-week | 7 days |
|---|---|
| Month-to-month | 30 days before the rental date |
- Nonpayment of rent — Written notice stating the rent and late fees owed; the lease terminates if the tenant doesn’t pay within 7 business days after receiving it (§35-9A-421(b)).
- Other material breaches — A written notice gives the tenant 7 business days to cure. Certain breaches — including illegal drug activity, illegal firearm use and criminal assault — can’t be cured, and the same breach can’t be cured more than twice in 12 months without the landlord’s consent (§35-9A-421(a), (d)).
- Holdover — A tenant who willfully holds over in bad faith can be made to pay up to the greater of three months’ rent or actual damages, plus reasonable attorney’s fees (§35-9A-441(c)).
- Military — Servicemembers with qualifying orders can end a lease early under the federal SCRA (50 U.S.C. §3955).
Required disclosures in Alabama
Alabama adds no state-specific radon, mold, bedbug or flood disclosure for ordinary residential leases.
- Owner & manager identity — At or before the start of the tenancy, the landlord must disclose in writing the name and business address of the property manager and of an owner or agent authorized to receive notices and service of process — and keep it current (§35-9A-202).
- Lead-based paint — Federal law requires the lead warning statement, the EPA pamphlet and disclosure of any known hazards for housing built before 1978 (42 U.S.C. §4852d).
Habitability & repairs
An Alabama landlord must comply with applicable building and housing codes affecting health and safety, make the repairs needed to keep the premises fit and habitable, keep common areas clean and safe, maintain electrical, plumbing, heating, ventilating and air-conditioning systems and supplied appliances, and provide for garbage removal (§35-9A-204).
If the landlord materially fails to meet those duties, the tenant can give written notice and end the lease if the breach isn’t fixed within 14 days, and may also recover actual damages (§35-9A-401). Alabama’s act does not give tenants a general right to withhold rent or to repair and deduct.
Tenant protections you can’t waive
- No waiver of core rights — A lease can’t make the tenant waive the landlord’s repair duties, the tenant’s statutory remedies, or the security-deposit rules; can’t authorize a confession of judgment; and can’t exculpate the landlord from liability imposed by law (§35-9A-163).
- No self-help eviction — Locking a tenant out or willfully cutting heat, water, electricity or other essential services lets the tenant recover up to the greater of three months’ rent or actual damages, plus reasonable attorney’s fees (§35-9A-407).
- No retaliation — A landlord can’t raise rent, cut services, or bring or threaten an eviction because the tenant complained to a code agency or to the landlord, or joined a tenants’ organization (§35-9A-501).
Alabama lease agreement FAQs
How much can a landlord charge for a security deposit in Alabama?
No more than one month’s periodic rent. Alabama does allow additional security beyond that cap for pets, for alterations the tenant makes to the premises, and for activities that increase the landlord’s liability risk (Ala. Code §35-9A-201).
How long does a landlord have to return a security deposit in Alabama?
Sixty days after the tenancy ends and the tenant returns possession. The landlord must mail the refund, or an itemized list of deductions with any balance, within that window — missing it makes the landlord liable for double the original deposit (§35-9A-201).
How much notice does an Alabama landlord need to give before entering?
At least two days’ notice, with entry at reasonable times. A note posted on the primary entry door counts as notice. No notice is required in an emergency, and a tenant’s own repair request is treated as consent to enter for that repair (§35-9A-303).
Is there a limit on late fees in Alabama?
No. Alabama has no statutory late-fee cap or mandatory grace period — the amount is whatever the lease specifies, though an excessive fee risks being struck as a penalty. The fee should be written into the lease, since a nonpayment notice must state the rent and late fees owed (§35-9A-421(b)).
How much notice is required to raise rent in Alabama?
Alabama has no dedicated rent-increase statute and no rent control (§11-80-8.1). Rent can’t be raised during a fixed-term lease unless the lease allows it; for month-to-month, give at least the 30 days’ written notice required to end the tenancy (§35-9A-441).
How long does a tenant have to pay before eviction in Alabama?
Seven business days. The landlord delivers a written notice stating the rent and any late fees due; if the tenant doesn’t pay within 7 business days after receiving it, the lease terminates and the landlord can file an unlawful-detainer action (§35-9A-421(b)).
Does an Alabama lease need to be notarized?
No. A residential lease is binding once both parties sign; Alabama doesn’t require notarization or witnesses for an ordinary residential lease. A lease longer than one year should be in writing to satisfy the statute of frauds.
Alabama landlord documents
- Alabama Eviction Notice
- Alabama Security Deposit Return Letter
- Alabama Rent Increase Notice
- Alabama Notice to Vacate
- Alabama Application Approval Letter
- Alabama Application Denial Letter
- Alabama Background & Credit Check Authorization
- Alabama Rental Application
- Alabama Co-Signer Guarantor Agreement
- Alabama Bed Bug Addendum
- Alabama Mold & Mildew Addendum
- Alabama No-Smoking Addendum
- Alabama Parking & Storage Addendum
- Alabama HOA & Community Rules Addendum
- Alabama Crime-Free Housing Addendum
- Alabama Utilities & Services Addendum
- Alabama Early Termination Addendum
- Alabama Lease Extension Addendum
- Alabama Lead-Based Paint Disclosure
- Alabama Military Clause (SCRA)
- Alabama Pet Addendum
- Alabama Cash for Keys Agreement
- Alabama Mutual Lease Termination Agreement
- Alabama Lease Renewal Agreement
- Alabama Notice of Non-Renewal
- Alabama Late Rent Notice
- Alabama Lease Violation Notice
- Alabama Notice of Entry
- Alabama Move-In / Move-Out Inspection Checklist
- Alabama Rent Receipt
- Alabama Rent Verification Letter
- Alabama Tenant Welcome Letter
- Alabama Property Management Agreement
- Alabama Commercial Lease
- Alabama Rent-to-Own Agreement
- Alabama Short-Term Rental Agreement
- Alabama Room Rental Agreement
- Alabama Roommate Agreement
- Alabama Sublease Agreement
- Alabama Lease Amendment
Lease agreements for other states
- Alaska lease agreement
- Arizona lease agreement
- Arkansas lease agreement
- California lease agreement
- Colorado lease agreement
- Connecticut lease agreement
- Delaware lease agreement
- Florida lease agreement
- Georgia lease agreement
- Hawaii lease agreement
- Idaho lease agreement
- Illinois lease agreement
- Indiana lease agreement
- Iowa lease agreement
- Kansas lease agreement
- Kentucky lease agreement
- Louisiana lease agreement
- Maine lease agreement
- Maryland lease agreement
- Massachusetts lease agreement
- Michigan lease agreement
- Minnesota lease agreement
- Mississippi lease agreement
- Missouri lease agreement
- Montana lease agreement
- Nebraska lease agreement
- Nevada lease agreement
- New Hampshire lease agreement
- New Jersey lease agreement
- New Mexico lease agreement
- New York lease agreement
- North Carolina lease agreement
- North Dakota lease agreement
- Ohio lease agreement
- Oklahoma lease agreement
- Oregon lease agreement
- Pennsylvania lease agreement
- Rhode Island lease agreement
- South Carolina lease agreement
- South Dakota lease agreement
- Tennessee lease agreement
- Texas lease agreement
- Utah lease agreement
- Vermont lease agreement
- Virginia lease agreement
- Washington lease agreement
- West Virginia lease agreement
- Wisconsin lease agreement
- Wyoming lease agreement
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