General info, not legal advice. Details

Alabama landlord-tenant law FAQ

Last reviewed 2026-10-16

30 answers to common Alabama landlord questions. Every answer is a verified fact with its official source and last-checked date.

How much can a landlord charge for a security deposit in Alabama?

No more than one month's rent, except additional deposits for pets, changes to the premises, or increased liability risks.

Verified Source: Ala. Code § 35-9A-201(a) (Browser transcription) · last checked 2026-10-15 · Full security deposit limit page

How long does a landlord have to return a security deposit in Alabama?

Refund or itemized list of deductions within 60 days after the tenancy ends and possession is delivered; if late, the landlord owes double the original deposit.

Verified Source: Ala. Code § 35-9A-201(b), (c), (f) (Browser transcription) · last checked 2026-10-15 · Full deposit return deadline page

How much notice does a landlord have to give before entering a rental in Alabama?

At least 2 days' notice of intent to enter, at reasonable times (posting a note on the main door counts), except emergencies, court orders, abandonment, or tenant-requested repairs.

Verified Source: Ala. Code § 35-9A-303 (Browser transcription) · last checked 2026-10-15 · Full notice to enter page

How much notice does a landlord need to give to raise the rent in Alabama?

Alabama's landlord-tenant act (Ala. Code ch. 35-9A, all sections read) sets no notice period for rent increases. The lease controls, and a month-to-month tenancy can be ended on 30 days' notice (§ 35-9A-441).

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-441), §§ 35-9A-101 to 35-9A-603 (all 48 sections searched in full; Browser transcription) · last checked 2026-10-16 · Full rent increase notice page

Can a landlord charge a late fee in Alabama, and how much?

Alabama's landlord-tenant act (all sections read) sets no late-fee cap. Late fees are mentioned only as an amount a nonpayment notice may list (§ 35-9A-421(b)); the lease controls.

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-421), §§ 35-9A-101 to 35-9A-603 (all 48 sections searched in full; Browser transcription) · last checked 2026-10-16 · Full late fees page

What notice does a landlord have to give before evicting for unpaid rent in Alabama?

Written notice stating the rent and late fees owed; the lease terminates if not paid within 7 business days after the tenant receives the notice.

Verified Source: Ala. Code § 35-9A-421(b) (Browser transcription) · last checked 2026-10-15 · Full eviction notice (nonpayment) page

Can cities in Alabama pass rent control?

Yes. Counties, cities and other local governments may not enact, maintain or enforce any rule that controls the rent charged for private property.

Verified Source: Ala. Code § 11-80-8.1 (Browser transcription) · last checked 2026-10-15 · Full rent control / state preemption page

How much notice is needed to end a month-to-month tenancy in Alabama?

Either party may end a month-to-month tenancy with written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week).

Verified Source: Ala. Code § 35-9A-441(a)–(b) (Browser transcription) · last checked 2026-10-15 · Full ending a month-to-month tenancy page

Does a landlord have to pay interest on a security deposit in Alabama?

Alabama's landlord-tenant act does not require interest on security deposits (all sections read; § 35-9A-201 governs deposits).

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-201), §§ 35-9A-101 to 35-9A-603 (all 48 sections searched in full; Browser transcription) · last checked 2026-10-16 · Full interest on deposits page

Is a move-in or move-out inspection checklist required in Alabama?

Alabama's landlord-tenant act requires no move-in inspection or condition checklist (all sections read). Its only inspection rule is the landlord's right of access (§ 35-9A-303).

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-303), §§ 35-9A-101 to 35-9A-603 (all 48 sections searched in full; Browser transcription) · last checked 2026-10-16 · Full move-in/move-out checklist page

Is landlord retaliation illegal in Alabama?

Yes. A landlord may not discriminatorily raise rent, cut services, or bring or threaten an eviction because the tenant complained to a code agency or to the landlord about maintenance violations, or joined a tenants' union. Retaliation is a defense to eviction.

Verified Source: Ala. Code § 35-9A-501 (Browser transcription) · last checked 2026-10-15 · Full retaliation protections page

Can a landlord change the locks or shut off utilities in Alabama?

Unlawful removal or exclusion, or willful interruption of heat, water, hot water, electricity, gas or other essential services, lets the tenant recover possession or terminate, plus up to 3 months' rent or actual damages (whichever is greater) and attorney's fees.

Verified Source: Ala. Code § 35-9A-407 (Browser transcription) · last checked 2026-10-15 · Full lockouts and utility shutoffs page

What can a tenant do if the landlord won't make repairs in Alabama?

For material noncompliance with the lease, or noncompliance with § 35-9A-204 materially affecting health and safety, the tenant may give written notice that the lease ends on a date at least 14 days after receipt unless the breach is remedied first. The tenant may also recover actual damages and reasonable attorney fees, and on termination the landlord must return recoverable security and unearned prepaid rent.

Verified Source: Ala. Code § 35-9A-401 (Browser transcription) · last checked 2026-10-15 · Full repairs and habitability remedies page

What disclosures must a landlord give tenants in Alabama?

At or before the start of the tenancy, the landlord must disclose in writing the name and business address of the manager and of the owner (or the owner's agent for service and notices).

Verified Source: Ala. Code § 35-9A-202 (Browser transcription) · last checked 2026-10-15 · Full required lease disclosures page

What can a landlord do with property a tenant leaves behind in Alabama?

If a tenant leaves property in the unit more than 14 days after termination, the landlord has no duty to store it and may dispose of it. A unit is also considered abandoned if electric service has been off for 7 consecutive days.

Verified Source: Ala. Code § 35-9A-423(d)–(e) (Browser transcription) · last checked 2026-10-15 · Full abandoned property page

Can a tenant break a lease early for domestic violence or military service in Alabama?

Alabama's landlord-tenant act contains no military or domestic-violence early-termination right (all sections read). The federal SCRA still applies to servicemembers.

Verified Source: Ala. Code ch. 35-9A, §§ 35-9A-101 to 35-9A-603 (all 48 sections searched in full; Browser transcription) · last checked 2026-10-16 · Full early termination (dv/military) page

Is there a grace period before a late fee can be charged in Alabama?

Alabama's landlord-tenant act sets no late-fee grace period or cap (all sections read). Late fees appear only in the 7-business-day nonpayment notice (§ 35-9A-421(b)).

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-421), §§ 35-9A-101 to 35-9A-603 (all 48 sections searched in full; Browser transcription) · last checked 2026-10-16 · Full late fee grace period page

What happens if a tenant stays after the lease ends in Alabama?

If a tenant stays after the lease ends or is terminated without the landlord's consent, the landlord may sue for possession. If the holdover is willful and not in good faith, the landlord may also recover up to 3 months' periodic rent or actual damages, whichever is greater, plus reasonable attorney's fees.

Verified Source: Ala. Code § 35-9A-441(c) (Browser transcription) · last checked 2026-10-16 · Full holdover tenants page

Can a tenant withhold rent for repairs in Alabama?

Not allowed. A tenant may not withhold rent from the landlord while in possession to enforce any right under the landlord-tenant act. Alabama has no rent-escrow procedure in the act.

Verified Source: Ala. Code § 35-9A-164 (Browser transcription) · last checked 2026-10-16 · Full rent withholding / escrow page

What is the right to cure / redeem rule in Alabama?

Yes, limited. For nonpayment, the tenant can pay the rent and late fees named in the notice within 7 business days. Other remediable breaches can be cured within 7 business days of the notice. A tenant may not cure more than twice in 12 months without the landlord's written consent, and some acts (e.g., illegal drugs, illegal firearm use on the premises) are non-curable defaults ended on 7 days' notice.

Verified Source: Ala. Code § 35-9A-421(a), (b), (d) (Browser transcription) · last checked 2026-10-16 · Full right to cure / redeem page

What is the eviction notices for other grounds (lease violation, no-fault) rule in Alabama?

For a material lease violation (or a health-and-safety violation of § 35-9A-301), the landlord gives written notice that the lease ends at least 7 business days after receipt unless the breach is remedied. An intentional misrepresentation in the lease or application cannot be cured. Listed non-curable defaults, such as illegal drug or firearm activity, allow termination on 7 days' notice.

Verified Source: Ala. Code § 35-9A-421(a), (d) (Browser transcription) · last checked 2026-10-16 · Full eviction notices for other grounds (lease violation, no-fault) page

How does the eviction court process work in Alabama?

Evictions are filed in district or circuit court in the county where the property is located and get scheduling priority over other civil cases. If personal service fails, the notice can be posted on the door and mailed. Either party may appeal a district court judgment to circuit court within 7 days, and the appeal is set for trial within 60 days. A tenant who appeals must pay rent into court to stay the writ. After judgment, the writ of possession is automatically stayed for 7 days.

Verified Source: Ala. Code § 35-9A-461 (Browser transcription) · last checked 2026-10-16 · Full eviction court process & timeline page

What is the pet deposits/fees & service/esa animals rule in Alabama?

A landlord may charge a security deposit above the one-month limit for pets (also for changes to the premises or increased liability risks). The act sets no cap on that extra pet deposit.

Verified Source: Ala. Code § 35-9A-201(a) (Browser transcription) · last checked 2026-10-16 · Full pet deposits/fees & service/esa animals page

What is the rent receipts, payment methods & cash rule in Alabama?

Unless the lease says otherwise, rent is due without demand at the dwelling unit, at the start of each term of one month or less, and otherwise in equal monthly installments at the start of each month. The act sets no rule on payment methods.

Verified Source: Ala. Code § 35-9A-161(c) (Browser transcription) · last checked 2026-10-16 · Full rent receipts, payment methods & cash page

Can a tenant fix something and deduct it from rent in Alabama?

No. Alabama's landlord-tenant act (all sections read) gives tenants no repair-and-deduct remedy. For serious defects the tenant may give 14 days' notice to terminate (§ 35-9A-401) or use the essential-services remedies (§ 35-9A-404), and may not withhold rent while in possession (§ 35-9A-164).

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-164, § 35-9A-404), §§ 35-9A-101 to 35-9A-603 (all 48 sections searched in full; Browser transcription) · last checked 2026-10-16 · Full repair and deduct page

Can a tenant sublet an apartment in Alabama?

Alabama's landlord-tenant act (all sections read) has no rule on subletting or assignment. The lease controls.

Verified Source: Ala. Code ch. 35-9A, §§ 35-9A-101 to 35-9A-603 (all 48 sections searched in full; Browser transcription) · last checked 2026-10-16 · Full subletting & assignment page

What is the deposit bank holding / separate account rule in Alabama?

Alabama's landlord-tenant act (all sections read) does not require deposits to be held in a separate, trust or interest-bearing account. § 35-9A-201 sets only the limit, the return deadline and the penalty.

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-201), §§ 35-9A-101 to 35-9A-603 (all 48 sections searched in full; Browser transcription) · last checked 2026-10-16 · Full deposit bank holding / separate account page

What is the military lease termination (federal scra, all states) rule in Alabama?

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."

Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page

What is the guest & occupancy limits rule in Alabama?

The state landlord-tenant statute (Ala. Code ch. 35-9A (Alabama Uniform Residential Landlord and Tenant Act), §§ 35-9A-101 to 35-9A-603, read in full on 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply.

Verified Source: Ala. Code ch. 35-9A (Alabama Uniform Residential Landlord and Tenant Act), §§ 35-9A-101 to 35-9A-603 · last checked 2026-10-16 · Full guest & occupancy limits page

Can a landlord deny a tenant for criminal or credit history in Alabama?

Alabama's Uniform Residential Landlord and Tenant Act (Ala. Code ch. 35-9A, §§ 35-9A-101 to 35-9A-603, read in full on 2026-10-16) sets no rules on screening applicants' criminal or credit history; federal fair-housing and FCRA rules still apply.

Verified Source: Ala. Code ch. 35-9A (§§ 35-9A-101 to 35-9A-603) · last checked 2026-10-16 · Full criminal & credit history rules page

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