An Alabama lease agreement is a document created between a landlord and a tenant to detail an arrangement where the tenant occupies the landlord’s property in exchange for monthly rent payments. In most cases, the tenant pays rent on the first (1st) of the month and, if they fail to do so, will be required to pay late fees or face eviction.

After a lease is signed, it remains in effect until the end of the agreed-upon lease term. If either the landlord or tenant breaks the lease, the other party will be entitled to damages.

Rental Application – This document is used by landlords to properly screen a tenant by obtaining their consent to run a credit and background report.

Contents Lease Agreements: By Type (6) Commercial Lease Rent-to-Own Agreement Month-to-Month Lease Roommate Agreement Standard (1-year) Lease Sublease Agreement Disclosures (2) Lead-Based Paint Disclosure Owner/Manager Identification Landlord-Tenant Laws Landlord’s Access Rent Security Deposits

Lease Agreements: By Type (6)

Commercial Lease Agreement – A lease for non-residential use with rent that is commonly calculated on a per square foot ($/sf) basis.

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

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Month-to-Month Lease Agreement – 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 – A set of rules and obligations agreed to by a group of roommates.

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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.

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Disclosures (2)

Lead-Based Paint Disclosure Form (PDF) – This lead-based paint disclosure is required for dwellings constructed prior to 1978.

Owner/Manager Identification (§ 35-9A-202) – The landlord must indicate to the tenant the name and business address of the property owner or the person authorized to act on behalf of the owner for the purpose of receiving and delivering service of process, notices, and demands.

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Landlord-Tenant Laws

• Code of Alabama 35-9 – Landlord and Tenant
• Code of Alabama 35-9A – Uniform Residential Landlord and Tenant Act
• Alabama Tenants’ Handbook

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Landlord’s Access

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.

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

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Rent

Grace Period (§ 35-9A-161(c)) – Unless otherwise agreed, rent is due on that day stated in the rental agreement.

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

Rent Increase Notice – No statute.

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Security Deposits

Maximum Amount ($) (§ 35-9A-201(a)) – The landlord may request a security deposit in an amount that may meet but not exceed one (1) month’s rent.

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

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

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