Create Your Alabama Residential Lease Agreement
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Alabama Residential Lease Agreement
Introduction
An Alabama lease agreement is a legally binding contract between a landlord and tenant that establishes the terms under which residential property is rented. This document outlines rights, responsibilities, and obligations under the [1].
Required Disclosures
Lead-Based Paint Disclosure
For all residential dwellings constructed prior to January 1, 1978, federal law requires landlords to disclose any known lead-based paint hazards. [2]
Owner/manager Identification
Every rental agreement must state the name and address of the property owner or authorized manager. [3]
Extended Absence Notification (Optional)
Landlords may include an optional provision requiring tenants to notify of absences exceeding 14 days. [4] This is optional, not required by statute.
Security Deposits
Maximum Amount
A landlord may not demand a security deposit exceeding one month's rent. [5] Exceptions exist for pets, property changes, or increased liability risks.
Return Timeline
The landlord has 60 days to return the deposit or provide an itemized accounting. [6]
Itemized Statement
If deductions are made, an itemized statement must be provided. [7]
Forwarding Address
Tenants must provide a forwarding address. If unclaimed for 90 days, deposits are forfeited. [8]
Rent Payments
Payment Due Date
Rent is due on the date specified in the lease. There is no statutory grace period. [9]
Returned Check Fees
Landlords may charge a maximum fee for NSF checks. [10]
Withholding Rent Prohibited
Tenants cannot withhold rent while in possession to enforce their rights. [11]
Landlord's Right to Enter
Standard Access
Landlords must provide two days' notice for inspections, repairs, or showings. [12]
Emergency Access
Immediate entry is permitted in emergencies or with a court order. [13]
Breaking a Lease
Non-Payment of Rent
For non-payment, landlords may issue a 7-day notice to quit. [14]
Non-Compliance
For lease violations, a 7-day notice to quit may be delivered. [15]
Tenant Maintenance Failures
If tenants fail health/safety maintenance, landlords may make repairs and bill tenants. [16]
Prohibited Lockouts
Self-help evictions are illegal. Landlords must obtain court orders. [17]
Early Termination
Tenants who break leases remain liable for rent and damages. [18]
Landlord Duty to Mitigate
Landlords must make reasonable efforts to re-rent abandoned properties. [19]
Lease Termination
Month-To-Month Tenancy
Either party may terminate with 30 days' written notice. [20]
Abandonment Determinations
Property is abandoned if electric service is terminated for 7 consecutive days. [21] Additionally, failure to notify of 14+ day absences allows landlord entry. [22]
Unclaimed Property
Property left 14+ days after termination is abandoned. Landlords may dispose of it. [23]
Additional Tenant Obligations
Tenants must comply with all material provisions of [24], including maintaining habitability, proper use of facilities, and preventing damage.
Resources and Citations
- Uniform Residential Landlord and Tenant Act (Ala. Code Title 35, Chapter 9A)
- 42 U.S.C. § 4852d - Federal Lead Disclosure
- Ala. Code § 35-9A-202
- Ala. Code § 35-9A-423(a)
- Ala. Code § 35-9A-201(a)
- Ala. Code § 35-9A-201(b)
- Ala. Code § 35-9A-201(c)
- Ala. Code § 35-9A-201(d)
- Ala. Code § 35-9A-161(c)
- Ala. Code § 8-8-15(b)
- Ala. Code § 35-9A-164
- Ala. Code § 35-9A-303(a), (c)
- Ala. Code § 35-9A-303(b)
- Ala. Code § 35-9A-421(b)
- Ala. Code § 35-9A-421(a)
- Ala. Code § 35-9A-422
- Alabama Tenants' Handbook, p. 14
- Ala. Code § 35-9A-105
- Ala. Code § 35-9A-423(c)
- Ala. Code § 35-9A-441(b)
- Ala. Code § 35-9A-423(e)
- Ala. Code § 35-9A-423(b)
- Ala. Code § 35-9A-423(d)
- Ala. Code § 35-9A-301 - Tenant Duties
Disclaimer
This document is for informational purposes only and does not constitute legal advice. Consult a qualified Alabama attorney for specific legal guidance.