How much notice does a landlord have to give before eviction in Alabama?

Alabama sets specific notice periods that depend on the reason for eviction: non-payment of rent, lease term breach, or end of lease term. Notice must generally be in writing and served correctly to be valid. The eviction section above details the required notice for each case in Alabama; in most situations, a landlord must go through the courts before removing a tenant, changing the locks, or shutting off utilities, but state-by-state exceptions can apply (e.g., abandonment statutes), so review the state guide below before acting.

What habitability standards must landlords meet in Alabama?

Under Alabama law, landlords are generally responsible for keeping the unit safe and livable: working heat, hot water, plumbing, electrical, locks, and a structurally sound building. If you report a serious habitability problem in writing and the landlord fails to fix it within a reasonable time, many states let you pursue remedies like repair-and-deduct, rent withholding, or lease termination, but the available remedies and the procedures to use them vary by state, and a few states do not recognize all of them. See the habitability section above for the procedures that apply in Alabama.

State Reference Guide · South

Alabama
Tenant Rights.

This guide provides a detailed overview of the laws governing the relationship between landlords and tenants in the State of Alabama. Most of these regulations are found in the Alabama Uniform Residential Landlord and Tenant Act (AURLTA), codified under Alabama Code Title 35, Chapter 9A.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

What rights do tenants have in Alabama?

Tenants in Alabama are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Alabama sometimes add stronger protections on top of these state-wide rules.

MONEY

Security Deposits

Alabama law limits how much a landlord can charge for a security deposit and establishes strict rules for its return.

Maximum Amount

A landlord may not demand or receive a security deposit in an amount in excess of one month’s periodic rent. - Exceptions: Landlords may charge additional, separate deposits for pets, changes to the premises, or "activities that pose a potential liability" (e.g., a waterbed).

Return Deadline

Landlords must return the security deposit, or an itemized list of deductions and the remaining balance, within 60 days of the termination of the tenancy and delivery of possession.

Itemization Requirements

If the landlord makes deductions for repairs or unpaid rent, they must provide a written itemized list of those charges.

Penalties for Non-Compliance

If the landlord fails to mail the refund or itemized list within the 60-day period, they must pay the tenant double the amount of the original security deposit.

Tenant Obligation

To trigger these protections, the tenant must provide the landlord with a valid forwarding address in writing.

Statute: Ala. Code § 35-9A-201

NOTICE

Eviction Notices and Procedures

In Alabama, landlords must provide specific notice periods before filing an eviction (Unlawful Detainer) lawsuit.

Nonpayment of Rent (7-Business-Day Notice to Pay or Quit)

If rent is late, the landlord must give the tenant a written notice providing 7 business days to pay the full balance. If paid within these 7 business days, the lease continues. If not, the landlord can terminate the lease and file for eviction. (Source: Ala. Code § 35-9A-421(b))

Lease Violations (7-Business-Day Notice to Cure or Quit)

For violations of the lease agreement (e.g., unauthorized pets, noise), the landlord must provide a 7-business-day notice to fix the issue. If the same violation occurs again within six months, the landlord can terminate the lease with a 7-business-day notice without giving the tenant a second chance to fix it. (Source: Ala. Code § 35-9A-421(a))

Month-to-Month Termination

To end a month-to-month lease where there is no violation, either the landlord or the tenant must provide at least 30 days’ written notice.

Prohibited Acts

Landlords are strictly prohibited from "self-help" evictions. They cannot change locks, remove doors, or shut off utilities to force a tenant out. Only a sheriff with a court order can physically remove a tenant.

Statutes: Ala. Code § 35-9A-421; § 35-9A-441

NOTICE

Landlord Right of Entry

Alabama law protects tenant privacy while allowing landlords access for legitimate business reasons.

Notice Period

Landlords must provide at least two days (48 hours) notice before entering a unit for repairs, maintenance, or inspections.

Reasonable Time

Entry must occur at "reasonable times."

Emergency Exceptions

No notice is required in cases of emergency (e.g., a bursting pipe or fire).

Court Orders

Notice is not required if the landlord has a court order or if the tenant has abandoned the premises.

Statute: Ala. Code § 35-9A-303

MONEY

Rent Control and Increases

Rent Control Status

There is no rent control in Alabama.

State Preemption

Alabama law expressly prohibits cities and counties from enacting their own rent control ordinances. This means the state has "preempted" local governments from limiting rent prices.

Rent Increases

For a standard lease, the landlord cannot increase the rent until the lease term ends, unless the lease specifically allows for it. For month-to-month tenancies, the landlord must provide 30 days' notice before increasing the rent.

Statute: Ala. Code § 11-80-8 (Preemption)

SAFETY

Habitability and Repairs

Alabama landlords are legally required to maintain a "habitable" property that meets basic health and safety standards.

Landlord Obligations

The landlord must: - Comply with all applicable building and housing codes.Make all repairs necessary to keep the premises in a fit and habitable condition.Maintain all electrical, plumbing, sanitary, heating, and ventilating systems in good working order.Provide for trash removal (in multi-unit buildings).Supply running water and reasonable amounts of hot water and heat.

Tenant Repair and Deduct

Alabama does NOT generally allow "repair and deduct." Tenants should not withhold rent or deduct repair costs from their rent check without a court order, as this can lead to eviction for nonpayment.

Remedy for Failure to Repair

If a landlord fails to maintain the property, the tenant must provide a written notice specifying the breach. If the repair isn't made within 14 days, the tenant may terminate the lease and move out.

Statutes: Ala. Code § 35-9A-204; § 35-9A-401

SAFETY

Retaliation Protections

Alabama law protects tenants from being punished by their landlord for exercising their legal rights.

Protected Activities

A landlord cannot increase rent, decrease services, or threaten eviction because a tenant: - Complained to a government agency about health or safety violations.Complained to the landlord about a failure to maintain the property.Organized or joined a tenants' union.

Presumption of Retaliation

Unlike some states, Alabama does not have a "presumption period" where a landlord's actions are automatically assumed to be retaliatory. The tenant must generally prove the landlord's motive was retaliatory in court.

Statute: Ala. Code § 35-9A-501

LEASE

Lease Requirements and Disclosures

Written vs. Oral

While oral leases are legal for terms under one year, a written lease is highly recommended. If a lease is for more than one year, it must be in writing to be enforceable.

Disclosures

At or before the start of the tenancy, the landlord must disclose in writing the name and business address of: - The person authorized to manage the premises.The owner of the premises or their authorized agent for service of process (legal notices).

Late Fees

Alabama law does not set a maximum dollar amount for late fees, but they must be "reasonable" and clearly stated in the written lease.

Statute: Ala. Code § 35-9A-202

Unique To Alabama

Protections you won't find everywhere else.

Summary Checklist for Alabama Tenants:

Disclaimer: This guide is for informational purposes and does not constitute legal advice. For specific legal issues, contact Alabama Legal Assistance or a private attorney.

Cities with local protections

These Alabama cities layer extra tenant protections on top of state law: Alabaster, Athens, Auburn, Birmingham, Florence, Gadsden, Gulf Shores, Hanceville, Homewood, Hoover, Huntsville, Irondale, Jacksonville, Livingston, Mobile, Montgomery, Moundville, Northport, Phenix City, Saraland, Troy, Tuscaloosa.

Common Questions

Frequently Asked

Security deposit limits in Alabama are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Alabama statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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