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Alabama Rental Lease Agreements | Laws

An Alabama lease agreement is a document created between a landlord and tenant for the renting of property in exchange for rent. In most cases, the tenant pays rent on the first (1st) of the month and, if not paid, may be subject to late fees or an eviction (unlawful detainer). After a lease is signed it remains in effect until the end date. If either the landlord or tenant breaks the lease then the other party will be entitled to damages.

Rental Application – To properly screen a tenant by obtaining their consent to run a credit and background report.

Contents

Agreements: By Type (7)

Commercial Lease Agreement – A lease for non-residential use and is commonly calculated on a per square foot ($/sf) basis. May be for retail, office, industrial space.

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College Roommate Agreement – Between the roommates at a university to schedule cleaning, quiet, study, and any other times.

Download: Adobe PDF, Microsoft Word (.docx), OpenDocument


Lease with Option to Purchase (Lease to Own) – A standard lease that also offers the tenant the option to buy the property under predetermined conditions.

Download: Adobe PDF, Microsoft Word (.docx), OpenDocument


Month-to-Month Lease Agreement (§ 35-9A-441(b)) – A residential lease agreement with no end date. Either party may terminate the agreement at any time by providing at least thirty (30) days’ notice.

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Roommate Agreement – Allows a landlord or tenant to lease a room in a residential dwelling.

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Standard Lease Agreement – The most common type of residential contract that is for a fixed term usually lasting for one (1) year.

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Sublease Agreement – An agreement between a tenant and a sub-tenant for either a portion or all of the space being rented. This often calls for permission of the landlord in order for a tenant to sublease the property.

Download: Adobe PDF, Microsoft Word (.docx), OpenDocument


Landlord-Tenant Laws

Disclosures

Landlord’s Information (§ 35-9A-202) – The landlord must enter the following in the rental agreement:

  • The person authorized to manage the premises; and
  • An address of the owner or someone acting on their behalf.

Landlord’s Access

General Access (§ 35-9A-303(c)) – The landlord must give the tenant at least two (2) days’ notice to the tenant’s property for repairs, inspection, alterations, or to potential lessee’s or purchasers.

Emergency Access (§ 35-9A-303(b)) – The landlord may only enter the property without the tenant’s consent in case of emergencies or pursuant to a court order.

Rent

Grace Period (§ 35-9A-161(c)) – Rent is due on that day stated in the rental agreement.

Maximum Fees ($) – No law. The landlord may charge any amount for the late fee if rent is not paid. It’s recommended late fees are included in the rental agreement.

Rent Increase Notice – No law. The landlord may raise the rent at any time with a month-to-month tenant. Although, it’s recommended to give at least thirty (30) days’ notice.

Security Deposits

Maximum Amount ($) (§ 35-9A-201(a)) – One (1) month’s rent.

Returning to Tenant (§ 35-9A-201(b)) – Landlord has sixty (60) days to return to the tenant’s forwarding address. If a forwarding address is not given, after ninety (90) days the deposit is forfeited.

Interest Required? No law. The landlord may collect the interest accruing on the tenant’s security deposit.

Separate Bank Account? No law. It’s recommended but not required for the landlord to hold the tenant’s security deposit in a separate bank account.#