Quick Facts
| Required Disclosures Lead-based paint Rent and Fees Application Fees: Permitted Security Deposits Amount Limit: 1 month’s rent Entry Notice: 2 days’ | Fair Housing Protections Race Eviction Notices Rent Demand Notice: 7-day pay-or-quit notice |
Understand the essential Alabama landlord tenant laws before enforcing your own rental policies. Find more information in the Alabama state law code.
Required Disclosures
Lead-based paint
Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Landlord/Agent Identification
The landlord must disclose the name and business address of the person authorized to manage the premises and the person responsible for receiving notices.
Rent and Fees
- Rent Due Date: According to rent laws in Alabama, rent is payable at the time and place specified in the lease agreement. If no time or place is specified, rent is payable at the dwelling unit at the beginning of each month (Ala. Code § 35-9A-161(c)).
- Application Fees: Rental application fees are not regulated in Alabama.
- Rent Increases: There is no statewide rent control in Alabama.
- Late Fees: There are no limits on late fees in Alabama.
- Grace Period: There is no mandatory grace period in Alabama.
- NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $30 (Ala. Code § 8-8-15).
- Withholding Rent/Repair and Deduct: No law in Alabama allows tenants to withhold rent or make repairs and deduct the cost from rent if the landlord fails to remedy a condition (Ala. Code § 35-9A-164).
Security Deposits
- Deposit Limit: 1 month’s rent. This limit does not include deposits to cover pets, reversing tenant alterations, or tenant activities with increased liability risk (Ala. Code § 35-9A-201(a)).
- Interest: Alabama landlords are not required to pay interest on security deposits.
- Return Within: 60 days (Ala. Code § 35-9A-201(b)).
- Deposit Location: Landlords are not required to keep security deposits in a specific bank account or separate from other funds.
- Withholding: Landlords may withhold funds from the security deposit for unpaid rent and any damages caused by the tenant’s noncompliance. Landlords must also provide an itemized list of deductions in a written notice delivered to the tenant with the remainder of the deposit (Ala. Code § 35-9A-201(b-c)).
Tenant Screening and Fair Housing Protections
Protected Classes
- Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Alabama state law reaffirms these protections (Ala. Code § 24-8-4).
Credit Reports
- Alabama landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Criminal Histories
- The use of criminal background checks is not regulated in Alabama.
- Alabama landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Entry
- Advanced Notice: 2 days’ notice (Ala. Code § 35-9A-303(c)).
- Permitted Times: Landlords in Alabama may only enter at reasonable times (Ala. Code § 35-9A-303(c)).
- Emergency Entry: In case of emergency, the landlord may enter without advanced notice (Ala. Code § 35-9A-303(b)(1)).
Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Alabama, consider hiring an experienced real estate attorney and be sure to review the Alabama eviction process in more detail.
- Rent Demand Notice: 7 days to pay or quit (Ala. Code § 35-9A-421(b)).
- Notice for Lease Violation: 7 days to cure or quit. Note that unless the landlord consents otherwise in writing, a tenant may not cure a lease violation more than twice within any 12-month period. This means if a tenant continues violating a lease agreement, the landlord does not need to give a second opportunity to correct the breach (Ala. Code § 35-9A-421(d)).
- Unconditional Notice to Quit: 7 days to quit. Alabama eviction laws designate this notice for non-curable breaches, such as manufacturing or handling illegal drugs, illegal use or possession of a firearm on the rental property (except in self-defense), criminal assault of another tenant or guest, or a repeated breach that has occurred more than once within six months (Ala. Code § 35-9A-421(d)).
Other Laws and Facts About Alabama
- The median rent rate in Alabama is $1,461.
- The median rent rate in Birmingham is $1,100.
- If a landlord in Alabama does not return the security deposit or an itemized list of deductions within the 60-day return period, they must pay the tenant double the original deposit (Ala. Code § 35-9A-201(f)).
Leave a Reply
I've got a pretty solid grasp of the ins and outs of landlord-tenant laws, especially those pertaining to Alabama. The information you've provided seems to cover a comprehensive range of aspects crucial for both landlords and tenants in the state. Let me break down each concept mentioned:
Lead-based paint
Alabama, like all states, requires landlords to disclose information about lead-based paint hazards in properties constructed before 1978. This obligation arises from the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Landlord/Agent Identification
In accordance with Ala. Code § 35-9A-202, landlords must disclose the authorized person managing the premises and the contact information for receiving notices.
Rent and Fees
Rent payment specifics are determined by the lease agreement. Alabama doesn't regulate application fees, enforce rent control, or set limits on late fees.
Security Deposits
The limit for a security deposit is set at one month's rent. Landlords must return the deposit within 60 days, and failure to do so could result in paying double the original deposit.
Fair Housing Protections
Federal and state laws prohibit discrimination based on race, color, religion, gender, national origin, familial status, and disability in housing.
Tenant Screening
Landlords in Alabama are governed by the federal Fair Credit Reporting Act when conducting tenant screenings. They must handle credit information responsibly and fairly.
Criminal Histories
There aren't specific regulations regarding criminal background checks, but landlords are advised to follow HUD recommendations and evaluate applicants on a case-by-case basis.
Entry
Landlords must provide a 2-day notice before entering rented premises, except in emergencies.
Eviction Notices
Eviction processes involve specific notice periods for different breaches, such as a 7-day notice for rent demand or lease violations.
Other Alabama Laws
Important to note is the requirement for landlords to return security deposits within 60 days, failure of which could result in them paying double the original deposit. The median rent rates in Alabama and Birmingham are also mentioned.
These Alabama laws aim to balance the rights and responsibilities of both landlords and tenants, ensuring fair and transparent dealings.
