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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.

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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. 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. 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. 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. 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. 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. 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. 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.

Open the Roommate Agreement guide

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Alabama Roommate Agreement (Compact State Terms)

This compact set states the Alabama-specific terms of a Roommate Agreement between co-tenants. Use it together with the full national Roommate Agreement template, which contains the general provisions on parties, rent division, chores, guests, quiet hours, and shared expenses that Alabama law leaves to the parties.

1. Governing Law; Agreement Does Not Bind Landlord. This Agreement is governed by the laws of the State of Alabama. It is a contract between the undersigned co-tenants only. It does not bind the landlord, does not modify the Lease, and does not obligate the landlord to recognize any Roommate as a tenant of record.

2. No Local Ordinance Overlay. Alabama Code Section 35-9A-121 bars any county or municipality from enacting or enforcing an ordinance on residential landlord-tenant rights, reaching ordinances enacted before the statute as well as after. No city rule changes this Agreement or the Lease; Alabama state law and the Parties' own agreement are the only sources that govern.

3. No Statutory Right to Add or Remove a Roommate; No Self-Help. No Alabama statute gives a tenant a right to add a roommate over the landlord's objection, and Alabama has no lodger law giving a faster removal process. Removal of a Roommate who will not leave voluntarily follows Alabama's ordinary eviction process, not a procedure created by this Agreement. No Party shall change the locks, remove another Party's belongings, or otherwise attempt self-help removal.

4. Status of an Added Roommate Not Set by Statute. 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 arrangement that actually exists between them, so state it explicitly here and confirm it with the landlord in writing.

5. Rent Liability Among Roommates. Alabama sets no default rule for whether co-tenants are jointly and severally liable for rent, or liable only for their own share; the Lease controls what the landlord may collect. As between themselves, each Roommate is responsible for the following share of total rent: [insert each Roommate's share]. This section governs only the Roommates' obligations to each other.

6. Security Deposit Between Roommates. Alabama Code Section 35-9A-201 governs only the landlord's handling of a deposit toward the tenant, including the one-month cap and the refund window; it does not apportion a deposit among co-tenants. The Parties agree the deposit shall be contributed and, on move-out, divided among themselves as follows: [insert split and process].

7. Selecting a Roommate; Advertising. Ala. Code Section 24-8-4 and Section 24-8-7(a) let 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, mirroring the federal owner-occupied exemption. Alabama adds no protected classes beyond that list. The exemption does not extend to advertising: Section 24-8-4(3) is not exempted, so a listing may not state a discriminatory preference even where the selection choice would be lawful.

8. Execution. This Agreement is effective when signed by all Roommates. It does not require notarization or witnesses to be enforceable between the Parties.

This compact Alabama set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

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.

Frequently Asked Questions

It is a private contract between co-tenants who share a home in Alabama. It divides rent and expenses, sets house rules, and addresses issues like the security deposit and what happens if a roommate leaves. It is separate from the lease and does not involve the landlord.

No. An Alabama 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. Adding or removing a tenant of record is a separate matter between the tenant and the landlord.

No. Alabama has no lodger law or other statute that lets a roommate be removed through a faster, informal process. Removing a roommate who will not leave voluntarily follows Alabama's ordinary landlord-tenant eviction process. Changing the locks or removing a roommate's belongings is not a safe substitute for that process.

No. Alabama Code Section 35-9A-121 bars every county and municipality from enacting or enforcing any ordinance on residential landlord-tenant rights and obligations, and that bar applies to ordinances passed before the statute took effect as well as after. Unlike several other states, there is no city-specific overlay to check; Alabama state law is the only law that governs.

Alabama has no statute setting a default rule on this. Whether each roommate owes the full rent or only a share depends on the Lease. Because Alabama law does not fill this gap, the roommate agreement should state each person's payment share and responsibility explicitly.

No. Alabama Code Section 35-9A-201 governs only what the landlord owes the tenant of record, such as the one-month cap and the refund window; it says nothing about dividing a deposit among multiple roommates. The roommate agreement is what actually controls how a shared deposit is split.

Alabama's landlord-tenant statute does not set a default answer. Whether a roommate added to an existing tenancy is a co-tenant, a subtenant, or simply a guest of the tenant of record depends on the actual arrangement between them, so the roommates should state their intended status in writing and confirm it with the landlord.

In a narrow case, yes. Alabama's Fair Housing Law exempts an owner who occupies one unit of a dwelling of four units or fewer from the selection rules covering race, color, religion, sex, familial status, and national origin, mirroring the federal owner-occupied exemption. Outside that narrow exemption, the standard protected-class rules apply, and Alabama adds no protected classes beyond the federal list.

No. Alabama's owner-occupied exemption covers selection, not advertising. Ala. Code Section 24-8-4(3) is not exempted from the exemption's reach, so a listing or ad may not state a discriminatory preference even in a household where the underlying selection choice would be lawful.