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, Word (.docx) |
Standard Lease Agreement: Official document to record the terms and conditions of a residential leasing transaction.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 (AL Code § 35-9A-161(c)).
Unpaid Rent: Landlords serve a 7-day notice to quit, explicitly requiring payment in 7 business days whenever tenants neglect this responsibility (AL Code § 35-9A-421(b)).
Late Fees
Alabama does not set a maximum late fee that landlords must observe; however, late fees may not be “unconscionable” (AL Code § 35-9A-143(a)(1)).
NSF Fee
The maximum fee is $30 for a bad check (specifically, a non-sufficient funds check) from the tenant (AL Code § 8-8-15(b)).
Security Deposit Maximum ($)
Security Deposit: Alabama specifically names 1 month’s rent as the maximum security deposit amount that a lease can require (AL Code § 35-9A-201(a)).
Pet Deposit: The landlord can require an additional amount (for extra liability) whenever tenants have a pet (AL Code § 35-9A-201(a)).
Security Deposit Return
Returning to Tenant: Landlords send the deposit to the tenant’s forwarding address within sixty (60) days of lease termination, accordingly (AL Code § 35-9A-201(b)).
Itemized List: Alabama explicitly requires landlords to list all such subtractions from the tenant’s security deposit in writing (AL Code § 35-9A-201(c)).
Forfeiture of Deposit: Tenants present their forwarding address to the landlord within ninety (90) days in order for the landlord to relinquish it (AL Code § 35-9A-201(d)).
Landlord’s Right to Enter
Standard Entry: Alabama law requires landlords give at least two (2) days’ notice before entering property for standard tasks (e.g., repairs, showings) (AL Code § 35-9A-303(c)).
Emergency Entry: Alabama allows landlords the ability to enter a property without notice only in specific circumstances, especially in an emergency event (AL Code § 35-9A-303(b)(1)).
Absence
Landlords may enter to investigate the possibility of abandonment on the 14th day of the tenant’s absence if the tenant does not submit notice by the 5th day during that period ((AL Code § 35-9A-304), (AL Code § 35-9A-423)).
Repair and Deduct
Tenants cannot withhold rent to enforce any portion of the lease during tenancy (AL Code § 35-9A-164).
Tenant Breaking a Lease (Early)
Duty to Mitigate: Landlords hold a “duty to mitigate,” thus they only pursue tenants for the loss of rent during the period the property remains vacant (AL Code § 35-9A-105(a)).
Active Military: Active service members (under reassignment) terminate the lease after giving 30-day notice, specifically after the next rent payment date (50 U.S. Code § 3955)
Domestic Violence: Tenants must work with law enforcement and the courts since they may not terminate independently.
Landlord’s Noncompliance: Tenants give a 14-day termination notice and may recoup up to 3 months’ rent to respond to landlords interrupting essential services (e.g., heat)(AL Code § 35-9A-401)(AL Code § 35-9A-407).
Landlord Harassment: Tenants may not terminate prematurely as a response to landlord harassment, but they can pursue an injunction and damages ((AL. Code § 35-9A-303(c)), (AL Code § 35-9A-401(b)).
Inhabitability: Tenants quit after landlords neglect a 14-day habitability notice while retaining additional options for essential service interruptions ((AL Code § 35-9A-204), (AL Code § 35-9A-404)).
Is an Oral Lease enforceable?
Leases for a period of less than 12 months are legal and enforceable; however, any longer must be in writing (AL Code § 8-9-2(5)).
Renewing a Lease
Alabama does not allow any of its local governments to “enact, maintain, or enforce” rent control laws (AL Code § 11-80-8.1).
Unclaimed Property
Landlords dispose of tenant items once a tenant leaves their possessions on the property 14 days after lease termination (§ 35-9A-423(d)).
Landlord-Tenant Laws (Statutes)
The laws regulating landlord-tenant relationships are covered in the Uniform Residential Landlord and Tenant Act.






