Alabama Roommate Agreement
The Alabama rules that shape the document: statewide preemption of local landlord-tenant ordinances, no lodger-law removal shortcut, and a fair housing exemption that does not cover advertising.
Find out where you stand in Alabama
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Introduction
A roommate agreement is a contract between co-tenants who share a home. It is not a lease, and it does not bind the landlord or change the terms of the lease the tenants signed. In Alabama, a few things shape the document beyond the national template: Alabama Code Section 35-9A-121 preempts every county and municipality from enacting or enforcing a residential landlord-tenant ordinance, so there is no city overlay anywhere in the state; Alabama has no lodger statute and no roommate-sharing statute, so removing an unwanted roommate still requires the ordinary eviction process, not a shortcut; and Alabama has no statute addressing joint-and-several rent liability, deposit splitting among roommates, or the default status of an added occupant, so the written agreement is what actually governs those questions.
Key Things to Know
- 1
Alabama Code Section 35-9A-121 preempts every county and municipality from enacting or enforcing any ordinance on residential landlord-tenant rights and obligations, including ordinances passed before the statute took effect. No Birmingham, Huntsville, or Mobile rule can add to or change this Agreement; only Alabama state law and the Parties' own agreement govern.
- 2
Alabama has no lodger law like California's, so a roommate cannot be removed through a faster owner-occupier process. Removing a roommate who will not leave voluntarily follows Alabama's ordinary landlord-tenant eviction process, and self-help removal, such as changing the locks or removing belongings, is not a safe substitute for it.
- 3
A roommate agreement is a contract between the roommates only. It does not bind the landlord, does not add anyone to the lease, and does not change any term of the lease. No Alabama statute gives this Agreement any effect against the landlord.
- 4
Alabama has no statute setting a default rule on whether roommates are jointly and severally liable for rent, meaning each owing the full amount, or severally liable, each owing only a share. The Lease controls what the landlord can collect, so this Agreement should state each roommate's payment share explicitly.
- 5
Alabama Code Section 35-9A-201 regulates only the landlord's handling of a security deposit toward the tenant of record, such as the one-month cap and the refund window. It does not say how roommates split a deposit among themselves, so the agreement should set that out.
- 6
Alabama's landlord-tenant statute does not say whether a roommate added to an existing tenancy becomes a co-tenant, a subtenant, or a guest of the tenant of record. That status depends on the actual arrangement between the roommates, so state it in writing and confirm it with the landlord.
- 7
Alabama's Fair Housing Law lets an owner who occupies one unit of a dwelling of four units or fewer choose a roommate based on race, color, religion, sex, familial status, or national origin, but that exemption does not cover advertising. Section 24-8-4(3) is not exempted, so a listing still may not state that preference.
Key decisions before you file
Before you file a Roommate Agreement in Alabama, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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Alabama Requirements for Roommate Agreement
Alabama Preempts Every Local Landlord-Tenant Ordinance
Alabama Code Section 35-9A-121 bars any county or municipality from enacting or enforcing an ordinance on residential landlord-tenant rights and obligations, superseding ordinances enacted before the statute took effect. State plainly that no city or county rule changes this Agreement or the Lease.
Alabama Has No Lodger Law; Formal Eviction Required
Alabama has no statute giving an owner occupant a faster removal process for a roommate, comparable to California's lodger rule. Removal of a Roommate who will not leave follows the ordinary Alabama eviction process. Exclude any self-help removal language.
Alabama Sets No Default on Joint Rent Liability
No Alabama statute sets a default rule on whether roommates are jointly and severally liable for rent. Draft the payment clause to state each roommate's share explicitly rather than relying on an assumed Alabama default.
Alabama Does Not Apportion the Security Deposit
Alabama Code Section 35-9A-201 governs only the landlord's handling of a security deposit toward the tenant of record. It does not divide a deposit among roommates, so the agreement should set each roommate's contribution and the move-out division.
Alabama Fair Housing Exemption Does Not Cover Advertising
Ala. Code Section 24-8-7(a) exempts an owner-occupied dwelling of four units or fewer from the selection rules in Section 24-8-4, but the advertising provision, Section 24-8-4(3), is not exempted. A listing may not state a discriminatory preference even where the selection choice itself would be lawful.
Alabama Does Not Define an Added Roommate's Status
Alabama's landlord-tenant statute sets no default rule for whether a roommate added to an existing tenancy is a co-tenant, a subtenant, or a guest of the tenant of record. Have the Parties state their intended status explicitly and confirm it with the landlord in writing.