The Alabama lease agreement is between a landlord and tenant over the use of property in exchange for payment on a monthly basis. A lease is commonly entered into after the tenant has visited the property and given their personal information, through a rental application, to the landlord. After approval, the landlord and tenant will come to terms over the monthly rent, security deposit, and any other terms and conditions.
Rental Application – Possible lessees are prescreened based upon financial and credit qualifications prior to renting a property. The provided form allows the lessor to obtain the required information to determine the suitability of each applicant.
Lease Agreements By Type
Commercial Lease Agreement – For property that is used primarily for professional or business purposes.
Lease to Own Agreement – Otherwise known as a lease with an option to purchase, allows the tenant the right to buy the property during the course of the lease under pre-determined conditions.
Month-to-Month Lease – For tenants and landlords that want to engage in an agreement that can be terminated at any time with thirty (30) days’ notice.
Roommate Agreement – For the renting of a room or a shared residential setting.
Sublease Agreement – When the tenant decides to re-rent the property to someone else known as the sub-tenant.
The laws regulating landlord-tenant relationships are covered in the Code of Alabama in Title 35, Chapter 9A (Uniform Residential Landlord and Tenant Act).
Required Landlord 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 (42 U.S. Code § 4852d) – If the residence was built prior to 1978 disclosure is required to inform the tenant of its dangers.
When is Rent Late?
There is no State grace period. Rent is due on the date set in the lease agreement (§ 35-9A-161(c)).
There is no maximum late fee that can be charged by the landlord.
If the tenant pays rent with a bad check the maximum fee the landlord may charge is $30 (§ 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.
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) & (d)).