In the state of Alabama, a tenancy is established once a landlord accepts rent from a tenant. At that point, both the landlord and the tenant obtain certain rights and responsibilities under the Alabama Code Title 35 Chapter 9A .
As a landlord, understanding your legal obligations to your tenant is key to running a successful rental investment business. So, we at APM Leasing & Management have put together this overview of the Alabama landlord-tenant laws.
Required Disclosures in Alabama
As a landlord, you must disclose some important information to your tenant before the start of the tenancy. These disclosures also must be in writing:
- As the property’s landlord, you must disclose your name and address to the tenant.
- Additionally, you must disclose information regarding lead-based paint if you’re renting out a property built prior to 1978.
Rights & Responsibilities of Landlords in Alabama
In the state of Alabama, landlords have certain rights, including:
- The right to make changes to the terms of the agreement. But a landlord must wait until the lease term ends to do this or seek the approval of your tenant.
- The right to evict a tenant for violating the terms of the agreement. Common lease violations include failure to pay rent and failure to comply with rental policies.
- Landlords have the right to reject a rental application if the reason is not discriminatory.
- The right to enter the premises to carry out important responsibilities.
- The right to enforce the terms of the lease agreement.
- Landlords have the right to be served proper notice from a tenant who is leaving the premises.
Along with certain rights, Alabama landlords also have certain responsibilities:
- A landlord must abide by all terms of the lease agreement.
- Follow the proper legal eviction process.
- Serve proper notice when looking to make changes to the terms of the agreement.
- Ensure your tenant lives in peace and quiet.
- Serve the tenant a 2 days’ notice prior to entering their rented premises. The entry times must also be reasonable.
- Make requested repairs within a reasonable period after being notified by the tenant.
- Treat tenants with respect and fairness as per the Alabama Fair Housing laws.
- Provide the tenant with a rental property that abides by the minimum habitability codes.
Rights & Responsibilities of Tenants in Alabama
Similar to landlords, tenants also have a series of rights:
- The right to live in a habitable rental premises. Alabama, just like every state, has laws governing basic standards for rental housing as per the state’s Warranty of Habitability.
- The right to live in peace and quiet, away from any unreasonable disruptions that the landlord may or may not be responsible for.
- Right to remain in the residence until the landlord has followed the proper eviction procedure.
- Right to have repairs done within a reasonable period.
- Right to receive proper notice when a landlord is looking to make changes to the contractual lease agreement.
As for the tenants’ responsibilities:
- Not to commit any violations as per the lease or rental agreement.
- To follow all rules, bylaws, regulations or covenants to any rental agreement or neighborhood association.
- Respect the peace and quiet of their neighbors.
- To care for the property and not cause negligent or careless property damage.
- Use all amenities and facilities reasonably.
- Dispose of garbage, ashes, and other waste in a clean and safe manner.
- Leave the premises in the same condition they found it.
- Occupy the property as it was designed to be used, with separate portions for living, cooking, sleeping, etc.
- Keep the area of the property which they occupy in clean and sanitary state.
An Overview of the Landlord-Tenant Laws
Ensuring Habitability
As a landlord, you have a responsibility to ensure your property complies with all local building and safety codes. In the state of Alabama, building and safety codes can regulate the following:
- Structural integrity of the building
- Electrical wiring
- Plumbing
- Use of fire retardant paint
- Safety guards on windows
- Carbon monoxide detectors
- Smoke detectors
- Maximum number of people per unit
- Toxic mold
If you fail in this important responsibility, your tenant can have multiple legal options to pursue. Including, moving out without further responsibilities to the lease and reporting you to a relevant government agency.
Unlike in some other states, Alabama tenants cannot withhold rent or use “ repair and deduct ” when you fail in your maintenance responsibilities.
Legal Tenant Eviction
Landlords have the right to evict your tenant in Alabama and they can do so for multiple reasons, including:
- The nonpayment of rent.
- Violation of the lease terms.
- If the tenant intentionally includes misleading or false information on their agreement or application.
- If the tenant overstays the duration mentioned in the lease agreement.
- Illegal acts, such as prostitution or manufacture of controlled substances in the rental unit.
- If they violate a health, safety, building, or housing code.
In all these cases, a landlord must follow the state’s eviction process, which begins with serving the tenant an eviction notice. Evicting a tenant using ‘self-help’ means is illegal in Alabama as it is elsewhere in the country.
Mandating a Security Deposit
As per Alabama security deposit law, landlords in Alabama have a right to ask for a security deposit from their tenants. If they choose to, they must comply with the state’s security deposit laws.
For example, the security deposit must not exceed the rent of one month.
Housing Discrimination
As a landlord in Alabama, you must not discriminate against tenants based on some protected characteristics. Protected characteristics include race, color, sex, disability, religion, national origin, and familial status.
Bottom Line
Landlords and tenants must understand abide by Alabama’s landlord tenant laws when operating in the state. But these laws are complex so if you have questions its always best to contact a legal professional or a property management company .
APM Leasing & Management is here to help you get the most our of your rental investment, contact us today!
Disclaimer: This blog isn’t a substitute for legal advice from a licensed attorney. Also, laws frequently change and this post may not be updated at the time you read it. For expert advice, kindly get in touch with APM Leasing & Management.