Lease Agreements – By Type (6)
|
Download: PDF, Word (.docx) |
|
Download: PDF, Word (.docx) |
|
Download: PDF, Word (.docx) |
|
Download: PDF, Word (.docx) |
|
Download: PDF |
|
Download: PDF, Word (.docx) |
Required Disclosures
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).
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).
Landlord-Tenant Laws (Statutes)
The laws regulating landlord-tenant relationships are covered in the Code of Alabama in Title 35, Chapter 9A (Uniform Residential Landlord and Tenant Act).
When is Rent Due?
Rent is due at the time and place mentioned in the lease agreement (§ 35-9A-161(c)). There is no statutory grace period.
If rent is not paid, the landlord can send a 7-day notice to quit, which gives the tenant seven days to pay the owed rent plus late fees, or vacate the property.
Late Fees
There is no maximum late fee that can be charged by the landlord. However, a late fee cannot be considered “unconscionable” (§ 35-9A-143(a)(1)).
NSF Fee
The maximum fee is $30 for a bad check (non-sufficient funds) written by the tenant (§ 8-8-15(b)).
Security Deposit Maximum
Equal to one (1) month’s rent (§ 35-9A-201(a)). The landlord may charge an additional fee, with no limit, for pets.
Security Deposit Return
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)).
If the tenant does not give a forwarding address to the landlord within ninety (90) days, the security deposit shall be deemed forfeited (§ 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 the property related to health and safety. Specifically, tenants who have failed to comply with a 7-day notice from the landlord (§ 35-9A-422).
Absence
Any absence of more than 14 days, the tenant is obligated to notify the landlord no later than the 5th day of the extended absence (§ 35-9A-304).
Repair and Deduct
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 can issue a 14-day notice to quit. This informs the landlord of its non-compliance, which allows the tenant to move out if the repair is not completed during the 14 days (§ 35-9A-401(a)).
Tenant Breaking a Lease (Early)
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 until a new tenant is found. If the landlord has other vacant units, they are obligated to market them in the same manner (§ 35-9A-105(a)).
Is an Oral Lease enforceable?
Yes, a lease that is for a maximum period of 12 months is legal and enforceable. If the lease is for a longer period than 12 months, it must be in writing (§ 8-9-2(5)).
Renewing a Lease
There is no cap or maximum on how much a landlord can increase the rent. This applies to both month-to-month leases and when renewing a standard 12-month agreement.






