Lease Agreements (6)
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Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
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Download: PDF |
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Download: PDF, Word (.docx) |
Required Disclosures
1.) Landlord or Authorized Person: The lease requires the landlord or an authorized person working on behalf of the landlord to be named, along with their business address in the lease (§ 35-9A-202).
2.) Lead-Based Paint Disclosure: If the residence was built prior to 1978, disclosure is required to inform the tenant of its dangers (42 U.S. Code § 4852d).
When is Rent Due?
Grace Period: Rent is due at the time and place that the lease agreement states, since Alabama does not require a grace period (§ 35-9A-161(c)).
Unpaid Rent: If the tenant does not pay on time, the landlord sends a 7-day notice to quit, explicitly giving the tenant seven business days to pay rent (plus late fees) or vacate the property (§ 35-9A-421(b)).
Late Fees
Alabama does not set a maximum late fee that can be charged by the landlord; however does not allow a late fee to be “unconscionable” (§ 35-9A-143(a)(1)).
NSF Fee
The maximum fee is $30 for a bad check (specifically, a non-sufficient funds check) from the tenant (§ 8-8-15(b)).
Security Deposit Maximum ($)
Security Deposit: The maximum amount is equal to one (1) month’s rent (§ 35-9A-201(a)).
Pet Deposit: If the tenant has a pet, the landlord can require an additional amount for the extra liability accordingly (§ 35-9A-201(a)).
Security Deposit Return
Returning to Tenant: After completion of the lease, the landlord is required to send the deposit to the tenant’s forwarding address within sixty (60) days (§ 35-9A-201(b)).
Itemized List: If the landlord does not return the full security deposit, then they must present a list of the deductions in a separate document accordingly (§ 35-9A-201(c)).
Forfeiture of Deposit: If the tenant does not explicitly give a forwarding address to the landlord within ninety (90) days, the security deposit shall be forfeit to the landlord (§ 35-9A-201(d)).
Landlord’s Right to Enter
Standard Entry: The landlord must provide at least two (2) days’ notice before entering the property for either a repair or to show the property to a potential tenant at the end of the lease term (§ 35-9A-303(c)).
Emergency Entry: The landlord may enter the property without notice for any of the following reasons:
- In the event of an emergency (§ 35-9A-303(b)(1));
- Pursuant to a court order (§ 35-9A-303(b)(2));
- Abandonment of more than 14 days (§ 35-9A-423); and
- Failure to maintain property, specifically, for tenants who fail to comply with a 7-day notice (§ 35-9A-422).
Absence
Any absence of more than 14 days, obligates the tenant to explicitly notify the landlord no later than the 5th day (§ 35-9A-304).
Repair and Deduct
State Rule: The tenant cannot withhold rent to enforce any portion of the lease during tenancy, including to repair items under the landlord’s responsibility (§ 35-9A-164).
Notice to the Landlord: If a landlord refuses to repair the property during the tenancy, the tenant issues a 14-day notice to quit, thus informing the landlord they will move out if there is no remedy during the 14 days (§ 35-9A-401(a)).
Tenant Breaking a Lease (Early)
Duty to Mitigate: If a tenant breaks a lease early, the landlord has a “duty to mitigate damages,” which means the tenant is only responsible for the loss of rent specifically until the landlord finds a new tenant (§ 35-9A-105(a)).
Landlord’s Violation: If a landlord causes the interruption of heat, running water, hot water, electricity, gas, or other essential services, the tenant can terminate the lease (specifically) with 14 days’ notice (§ 35-9A-401) and recover up to 3 months of monthly rent (§ 35-9A-407).
Active Military: If the tenant is an active servicemember under reassignment, they can terminate the lease after giving 30-day notice in writing after the next rent payment date (50 U.S. Code § 3955).
Is an Oral Lease enforceable?
Yes, a lease that is for a maximum period of 12 months is legal and enforceable; however, any longer period than 12 months must be in writing (§ 8-9-2(5)).
Renewing a Lease
There is maximum to how much landlords may increase the rent whenever renewing an at-will agreement or a standard 12-month agreement.
Unclaimed Property
A landlord can dispose of any personal belongings left behind by the tenant after 14 days accordingly (§ 35-9A-423(d)).
Landlord-Tenant Laws (Statutes)
The laws regulating landlord-tenant relationships are covered in the Uniform Residential Landlord and Tenant Act.






