Alabama Residential Lease Agreement
Alabama caps security deposits at 1 month's rent with a 60-day itemized return. Create a free Alabama residential lease agreement. Attorney review available.
Introduction
A residential lease agreement is a legally binding contract between a landlord (lessor) and a tenant (lessee) that sets the rent, term, security deposit, and each party's responsibilities for renting a home, and spells out how the tenancy ends. In Alabama the contract is governed by the Alabama Uniform Residential Landlord and Tenant Act, Ala. Code Title 35, Chapter 9A. Under the currently codified Section 35-9A-201, a landlord may not demand or receive a security deposit of more than one month's periodic rent, except for extra amounts tied to pets, tenant-requested changes to the premises, or increased liability risk, and after the tenancy ends the landlord must deliver an itemized written accounting of any deductions within 60 days or pay the tenant double the deposit for missing that deadline. Before or at the start of the tenancy the landlord must disclose in writing the name and address of the person who manages the property and of the owner or the owner's agent for service of process (Section 35-9A-202). Outside an emergency, the landlord must give at least two days' notice before entering and may enter only at reasonable times (Section 35-9A-303). Attorney review is available as an option before you sign. Because the Alabama Legislature's own code database was unreachable during research, the figures above come from a secondary code republisher and should be confirmed against the official Code of Alabama before you rely on them.
Key Things to Know
- 1
A residential lease agreement is a contract setting the rent, term, deposit, and responsibilities of a landlord (lessor) and tenant (lessee) renting a home, and how the tenancy ends. In Alabama it is governed by the Alabama Uniform Residential Landlord and Tenant Act, Ala. Code Title 35, Chapter 9A.
- 2
A security deposit currently cannot exceed one month's periodic rent. Ala. Code Section 35-9A-201 caps the deposit at one month's rent, with extra amounts allowed only for pets, tenant-requested changes to the premises, or increased liability risk, and requires an itemized written accounting of deductions within 60 days after the tenancy ends and possession is delivered, on penalty of double the deposit if the landlord misses that deadline.
- 3
Owner and manager identity must be disclosed in writing. Ala. Code Section 35-9A-202 currently requires the landlord to disclose, in writing at or before the tenancy begins, the name and address of the person managing the premises and of the owner or the owner's agent for service of process. Federal law also requires a lead-based paint disclosure for housing built before 1978.
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Entry currently requires at least two days' notice. Ala. Code Section 35-9A-303 lets the landlord enter only at reasonable times after giving the tenant at least two days' notice of intent to enter; posting a note on the tenant's door stating the intended time and purpose is a permitted method of notice.
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There is no statutory late-fee cap or grace period. The Act does not currently regulate or cap late fees (Ala. Code Section 35-9A-161), and no statutory grace period is set before a late fee may apply, so any late-fee terms come from what the lease itself says.
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Ending a periodic tenancy takes written notice. Ala. Code Section 35-9A-441 currently lets either party end a month-to-month tenancy with at least 30 days' written notice before the next periodic rental date, or a week-to-week tenancy with at least 7 days' notice. The Act sets no separate notice period for a rent increase; an increase on a periodic tenancy is generally handled through that same 30-day mechanism.
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There is no rent control in Alabama. State law (Ala. Code Section 11-80-8.1) currently preempts counties and municipalities from enacting rent-control ordinances, so no local just-cause or rent-cap rule applies.
Key decisions before you file
Before you file a Residential Lease Agreement in Alabama, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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Alabama Requirements for Residential Lease Agreement
A security deposit currently cannot exceed one month's periodic rent under Ala. Code Section 35-9A-201, except for additional amounts tied to pets, tenant-requested changes to the premises, or increased liability risk to the landlord or premises. Confirm the current cap against the official Code of Alabama before relying on it.
After the tenancy ends and possession is delivered, the landlord must currently deliver an itemized written accounting of any deductions from the security deposit, along with any refund due, within 60 days (Ala. Code Section 35-9A-201). A landlord who misses that deadline must pay the tenant double the original deposit.
At or before the tenancy begins, the landlord must currently disclose in writing the name and address of the person authorized to manage the premises and of the owner, or a person authorized to act for the owner, for service of process and for receiving notices and demands (Ala. Code Section 35-9A-202).
For housing built before 1978, federal law requires the landlord to disclose known lead-based paint hazards and provide an EPA-approved pamphlet before the tenant signs the lease (42 U.S.C. Section 4852d). This federal requirement applies in Alabama the same as in every state.
Outside an emergency, the landlord must currently give the tenant at least two days' notice of intent to enter and may enter only at reasonable times (Ala. Code Section 35-9A-303). Posting a note on the tenant's primary entry door stating the intended time and purpose of entry is a permitted method of notice.
The Alabama Uniform Residential Landlord and Tenant Act does not currently set a statutory dollar or percentage cap on late fees, and no statutory grace period is required before a fee may accrue (Ala. Code Section 35-9A-161). Any late-fee terms come from what the written lease itself says.
Either party may currently end a month-to-month tenancy with at least 30 days' written notice before the next periodic rental date, or a week-to-week tenancy with at least 7 days' notice (Ala. Code Section 35-9A-441). The Act sets no separate notice period for a rent increase on a periodic tenancy.
Alabama currently has no statewide rent control, and Ala. Code Section 11-80-8.1 preempts counties and municipalities from enacting rent-control ordinances. Separately, Ala. Code Section 35-9A-163 does not let a rental agreement require the tenant to waive rights under the Act, confess judgment, or agree to pay the landlord's attorney fees.
Frequently Asked Questions
An Alabama lease should name the landlord and tenant, describe the rental unit, state the rent, term, and due date, and set the security deposit at no more than one month's periodic rent (Ala. Code Section 35-9A-201). It should also include the disclosure of the manager's and owner's name and address (Section 35-9A-202) and, for housing built before 1978, the federal lead-based paint disclosure.
Under the currently codified Ala. Code Section 35-9A-201, a landlord cannot demand or receive a security deposit of more than one month's periodic rent, except for additional amounts tied to pets, tenant-requested changes to the premises, or increased liability risk. After the tenancy ends and possession is delivered, the landlord must send an itemized written accounting of any deductions within 60 days, or pay the tenant double the original deposit for missing that deadline.
Yes, you can create an Alabama residential lease agreement template for free and fill in your rent, term, and deposit details online. Attorney review is available as an optional add-on if you want a licensed attorney to check the finished lease before you sign.
No. Alabama law does not require a residential lease to be notarized or witnessed to be valid. The landlord and tenant simply sign the written agreement; notarization is not part of the Alabama Uniform Residential Landlord and Tenant Act's requirements for a lease.
Generally no. Ala. Code Section 35-9A-303 currently requires the landlord to give the tenant at least two days' notice of intent to enter and to enter only at reasonable times; posting a note on the tenant's door stating the intended time and purpose is a permitted method of giving that notice.
Alabama landlords must currently disclose in writing, at or before the tenancy begins, the name and address of the person managing the property and of the owner or the owner's agent for service of process and for receiving notices (Ala. Code Section 35-9A-202). Federal law separately requires a lead-based paint disclosure for housing built before 1978.
Under the currently codified Ala. Code Section 35-9A-441, either the landlord or the tenant can end a month-to-month tenancy by giving the other at least 30 days' written notice before the next periodic rental date. A week-to-week tenancy needs at least 7 days' notice. Alabama also preempts local rent control (Section 11-80-8.1), so no city or county can cap rent increases on a periodic lease.
Alabama's landlord-tenant act does not currently set a statutory cap on late fees or a required grace period (Ala. Code Section 35-9A-161), so any late-fee amount and timing come from what the written lease itself says. Confirm the current statute before relying on the absence of a cap.