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Alabama Rental Lease Agreements | Residential & Commercial

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An Alabama lease agreement is a document between a property owner, “landlord”, looking to rent their space to a willing tenant. The landlord is recommended, although not required, to obtain the individual’s credit, background, and employment information before signing any type of real estate contract to ensure that the agreed upon rental payment will be paid on-time.

All forms should be written in accordance with Section 35-9 and Section 35-9A.

Rental Application – Should be used by the landlord before authorizing any type of lease agreement with a commercial or residential tenant.

Agreements

Commercial Lease Agreement – Any type of commercial type of property including but not limited to: retail (restaurants, stores, etc.), office, and industrial (warehouse, manufacturing, etc.).

Lease with Option to Purchase (Lease to Own) Agreement – Grants the option to purchase real estate while renting from the Landlord/Seller.

Month to Month Lease Agreement (§ 35-9A-441(b)) – Sets the terms and conditions with no end date. Either party may cancel with at least thirty (30) days’ notice.

Room Rental (Roommate) Agreement – Accept a new tenant into a residence to occupy a room and share the living quarters.

Standard Lease Agreement – Fixed contract that is usually for a length of one (1) year.

Sublease Agreement – To allow a tenant currently in a binding lease to be able to re-rent the existing property to another person (sublessee). Landlord’s consent is usually required.

Termination Lease Letter – For month to month leases as it allows either the landlord or tenant to cancel the arrangement. Per section 35-9A-441(b) the letter must be sent with at least thirty (30) days’ notice from the next payment date.

Residential Disclosures & Access

Access by Landlord (§ 35-9A-303) – Landlord must grant at least two (2) days’ notice before entering a tenant’s property for any non-emergency reason.

Lead-Based Paint – Required for all housing structures built prior to 1978.

Owner/Manager Identification (§ 35-9A-202) – All agreements must state the person in charge of maintaining the premises whether it be the landlord or someone instructed to act on their behalf.

Security Deposits

Maximum (§ 35-9A-201) – The landlord may ask for the maximum amount of the equivalent to one (1) month’s rent. This does not include any other fees for pets, extra liabilities based on the tenant, or any changes requested by the tenant on the premises.

Returning (§ 35-9A-201) – The landlord must return the deposit within sixty (60) days after the termination of the agreement.

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