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Alabama Lease Agreements (6)

An Alabama lease agreement is a rental contract between a landlord who agrees to rent their property to a tenant. The landlord should obtain the individual's personal and employment information before signing a lease to ensure the individual's creditworthiness.
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Rental Application – Recommended to be completed by a tenant prior to signing a lease to obtain a credit check and verify employment.

By Type (6)

Standard Lease Agreement – A fixed-term contract that usually lasts one year.

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Commercial Lease Agreement – For commercial property, including retail, office, and industrial space.

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Month-to-Month Lease Agreement – Sets the terms and conditions with no end date. Either party may cancel with at least 30 days’ notice.[1]

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Rent-to-Own Lease Agreement – Grants the option to purchase real estate while renting from the landlord or seller.

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

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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.

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Required Disclosures (3)

1. Lead-Based Paint Disclosure & EPA Pamphlet – Required for all housing structures built before 1978.[2]

2. Owner/Manager Identification – All agreements must state the name and address of the person in charge of maintaining the premises, whether the landlord or someone instructed to act on their behalf.[3]

3. Abandonment (conditional) – If the landlord wants to be notified of the tenant’s absence in excess of 14 days, it must be mentioned in the lease.[4]

Security Deposits

Maximum Amount – The landlord may request a maximum amount of 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.[5]

Returning – The landlord must return the deposit within sixty (60) days after the termination of the agreement. If the tenant doesn’t provide the landlord with a forwarding address within 90 days, the deposit is forfeited.[6]

  • Itemized List – If deductions are made on the tenant’s security deposit, a description of each deduction must be made.[7]

When is Rent Due?

Grace Period – Rent is due on the day mentioned in the lease agreement, usually the 1st day of the month.[8] If rent is not paid, the landlord can start eviction proceedings by administering a 7-day notice to quit. There is no grace period for rent in Alabama.

Maximum Late Fee ($) – No statutory cap on how much a landlord may charge for late rent.

NSF Fee – $30[9]

Withholding Rent – It is prohibited for a tenant to withhold rent for repairs or other necessary maintenance.[10]

Right to Enter (Landlord)

Standard Access – The landlord must present two (2) days’ notice before accessing the property for maintenance, repairs, or showings.[11]

Immediate Access – A landlord may enter the property without the tenant’s consent in case of an emergency or pursuant to a court order.[12]

Abandonment

Absence – A landlord can require in a lease that the tenant must give notice of any absence of more than 14 days.[13] During any absence over 14 days, the landlord has the right to enter the property.[14]

Breaking a Lease – If a tenant vacates the property before the lease end date, the landlord is entitled to rent and separate claims related to actual damages, including reasonable attorney’s fees.[15] The landlord is required to make reasonable efforts to rent the property. If the landlord rents the abandoned property before the expiration of the tenant’s lease, the start date of the new tenancy will replace the end date of the tenant’s lease.[16]

Utility Shutoff – If electricity has been cut off from the property for 7 consecutive days, the residence is considered abandoned.[17]

Unclaimed Property – If the tenant leaves personal property in the residence for more than 14 days after lease termination, it is considered abandoned by the tenant. The landlord has no duty to store or protect the tenant’s property and may dispose of it without obligation.[18]

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