Alabama ranks among the more landlord-friendly states. As a matter of fact, until the year 2007, there was little to no law protecting the tenant. But times are changing and it is important that all Alabama landlords and property investors be familiar with the ever-shifting legal environment.
At a Glance:
Security Deposit Limit: 1 month’s rent
Late Fee Limits: None
Returned Payment Fee Limit: $30 plus applicable costs of collection.
Notice to Enter: 48 hours
Security Deposits:
Security Deposit Limit: Alabama puts a limit of an amount equal to one month rent except for pets. There is no stated limitations on how much landlords can collect as a security deposit for pets.
Return of the Deposit: On or before the 60th day that the tenant moves out and the tenancy is terminated, the landlord must give to the tenant the full security deposit or a written breakdown of all deductions made. This notice will be sent to the provided forwarding address of the tenant. If the tenant failed to provide a forwarding address, then landlord must send it to the last known address via first class mail.
Late Fee:
Late Fee Limit: There are no known or identified limits placed on how much a landlord or property manager may collect for a late fee. There is case law in Alabama regarding late charges and interest that was considered unreasonable; this, however would be decided on a case by case basis.
Maintenance:
Every state has certain requirements for the minimum standards of upkeep and repair that the owner of rental real estate must adhere to, and Alabama is no different. The main services such as electrical, plumbing, heating, etc. must be kept in working condition. Running water must be available. There may be an agreement in writing or in the lease agreement where a tenant may provide some repairs and maintenance. Township and local regulations may be more stringent. It is important for the landlord to contact their local housing, zoning or Fire Marshall’s office to understand any restrictions in place.
Right of Entry:
A landlord must provide to the tenant at least two days or 48 hours advanced notice before entering the rental property. This does not include emergency situations however.
Notice to End Lease:
A month-to-month lease is terminated by either party giving 30 days’ advance notice to the other; week-to-week leases require seven days’ notice. A lease that has a fixed term with a stated ending date would end according to the terms written in the lease agreement. If the lease is silent on these requirements, the tenant must vacate at the end date of the lease unless the landlord provides an offer to renew.
Eviction:
Alabama’s legal motion of eviction is called an “action for unlawful detainer”. It is started with proper notice being served to the tenant to terminate the agreement. Notice can be served in the manner prescribed by the lease contract or at least seven days’ advance written notice. After the elapsed time passes, the landlord must send another letter stating that the tenant must surrender possession within ten days of receiving the notice. If the tenant remains, then the landlord can go to the district courthouse and file a complaint to initiate the proceedings for an unlawful detainer. If the hearing rules for the landlord, a writ of execution will be issued which gives the permission of the sheriff to give possession back to the landlord.
(This is simply a summary of how a typical Alabama eviction may occur, however every circumstance is different. Please note that evictions can be complicated and an attorney or legal counsel should be consulted.)
Questions? Ask an Alabama Attorney!
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Me and my kids started a month to month lease in DEC.2016,before moving in I asked them if they’re was any roof leaks,said “no” and I was promised the garbage filled rv outside and the last renters furniture etc would be moved so we could get moved in,they’ve never done it and there was a huge roof leak,and the roof is falling in and moldy,never fixed,water pipes burst twice,immediately asked to be fixed,never came so I had to pay to fix it,also breakers get hot and flip a lot,he never came to look or fix,a lot of other issues.he put a self typed up 7 day pay or leave paper,that was 2 weeks ago,he just messaged me on fb and said if we arnt out by Tues(6days) a sheriff will force me out.can he do that even though he has NOT filed anything g with court yet at all? I told him he has to go thru court and I’m fully ready to go and he hasn’t messaged back..can he kick us out without a court order??
My grandmother died 8 years ago, I have been living in the house for 24 years but now my uncle wants to put me out. Can he put me out if he is not the executor of the estate ?
We have a lease agreement with the property manager,but come to find out from the actual home owner he never received the deposit or months rent.. So the home owner told us to stop paying the property manager and that he voided their contract.. We are owned money from repairs that exceed the amount we are reliable for.. So we don’t know who to pay or who to request pir money back from..
From here, work directly with the property owner. But you may want to consider moving, given how messy the situation there seems to be.
I’m trying to understand Alabama’s laws regarding property management.. Am I reading it correctly that I can manage a rental home that my parents own? Am I legally allowed to receive a percent of the rent as any other property manager would do? Thanks!
I own three properties under an LLC. My CPA has now set me up with an S-Corp to manage the properties. I own the homes, I am the owner of both companies and I will be running all of the rental management here in Alabama. Do I need to have a real estate license or a property management license?