Alabama Landlord-Tenant Law
Landlord-tenant laws vary between all 50 U.S. states which is why it’s important as a landlord to stay up to date on changes.
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In Alabama, both landlords and tenants have specific rights and duties to uphold a lawful and respectful rental relationship.
Landlord Rights:
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Rent Collection: Landlords are entitled to receive rent payments promptly as stipulated in the lease agreement.
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Property Access: With appropriate notice, landlords can enter the rental unit for inspections, repairs, or showings.
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Lease Enforcement: Landlords can enforce lease terms and initiate eviction proceedings if tenants violate agreements.
Landlord Responsibilities:
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Habitable Living Conditions: Providing a safe and habitable environment is mandatory, including adherence to health and safety codes.
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Timely Repairs: Landlords must address maintenance requests promptly to prevent further issues.
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Respecting Privacy: Except in emergencies, landlords should provide at least a two-day notice before entering the property.
Tenant Rights:
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Safe Living Environment: Tenants have the right to a dwelling that meets safety and health standards.
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Privacy: Tenants are entitled to privacy, with landlords required to give notice before entry.
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Legal Recourse: If landlords fail to meet obligations, tenants can pursue legal remedies.
Tenant Responsibilities:
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Rent Payment: Tenants must pay rent on time as per the lease terms.
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Property Maintenance: Keeping the property clean and undamaged, aside from normal wear and tear, is expected.
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Compliance with Lease Terms: Adhering to all conditions outlined in the lease agreement is essential.
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Compliance with Fair Housing Laws in Alabama
Alabama landlords must comply with the Fair Housing Act, which prohibits discrimination based on race, color, religion, sex, national origin, familial status, or disability. This means landlords cannot refuse to rent, set different terms, or falsely deny availability based on these protected classes. Ensuring advertising and tenant selection processes are free from discriminatory practices is crucial.
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Security Deposits in Alabama
Alabama law regulates the collection and return of security deposits:
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Maximum Amount: Landlords may not demand a security deposit exceeding one month's rent, with exceptions for pets, property alterations, or increased liability risks.
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Return Timeline: Upon lease termination, landlords must return the security deposit within 60 days, minus any lawful deductions.
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Permissible Deductions: Deductions can be made for unpaid rent, damages beyond normal wear and tear, and other breaches of the lease agreement.
Maintenance Responsibilities of Landlords
Landlords are obligated to maintain rental properties in habitable condition:
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Structural Repairs: Ensuring the property's structure is safe and sound.
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Utility Maintenance: Providing essential services like water, electricity, and heating.
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Pest Control: Addressing infestations promptly.
Tenants should report maintenance issues in writing to create a documented record.
Eviction Procedures for Alabama Landlords
Evictions in Alabama must follow legal protocols:
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Valid Grounds: Common reasons include non-payment of rent, lease violations, or illegal activities.
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Notice Requirements: Landlords must provide a written seven-day notice to remedy a lease violation or vacate.
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Filing for Eviction: If the tenant fails to comply, landlords can file an eviction lawsuit in the appropriate court.
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Court Proceedings: A hearing will be scheduled where both parties can present their case.
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Writ of Possession: If the court rules in favor of the landlord, a writ of possession is issued, allowing law enforcement to remove the tenant if necessary.
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It's important to note that self-help evictions, such as changing locks or shutting off utilities, are illegal in Alabama.
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Why should I use a tenant screening software?Tenant screening and background checks allow you to protect yourself and your business before accepting a new tenant. Hoozzee tenant screening, allows you to ensure that your prospective tenant is in good standing with their banks, credit cards and previous landlords. Additionally, our network of partners can offer criminal history.
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Who pays for the screening & background checks?You can choose! Depending on your preference, prospective tenants can cover the entire cost of their tenant screening, or you can pay the cost of the tenant screening for them. Additionally, you can customize the fee for tenant screening in order to charge additional fees and actually generate revenue from tenant screening.