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Alabama Lease Agreement Templates (6)

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Alabama Lease Agreement Templates (6)

Updated September 20, 2023

An Alabama lease agreement is a rental contract between a landlord who rents their property to a qualified tenant. The landlord is recommended, although not required, to obtain the individual’s credit, background, and employment information before signing any real estate contract to ensure that the agreed-upon rental payment will be paid on time.

Rental Application – Recommended to be completed by a tenant prior to signing a lease to obtain a credit check and verify employment.

Table of Contents

Agreement Types (6)

Standard Lease Agreement – A fixed contract that is usually for a length of 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/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 (2)

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

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

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.[4]

Returning – The landlord must return the deposit within sixty (60) days after the termination of the agreement.[5]

When is Rent Due? (Grace Period)

Rent is due on the day mentioned in the lease agreement, usually the 1st day of the month.[6] 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.

Late Fees

Maximum Penalty – There is no statutory limit on the late fee amount if the rent is late. Any late fee is recommended to be written in the lease agreement.

NSF Fee – $30[7]

Right to Enter (Landlord)

The landlord must present two (2) days’ notice before accessing the property for maintenance, repairs, or showings.[8]

Abandonment

Absence – A landlord can require in a lease that the tenant must give notice of any absence of more than 14 days.[9] During any absence over 14 days, the landlord has the right to enter the property.[10]

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.[11] 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.[12]

Shutting-off Electricity – If electricity has been cut off from the property for 7 consecutive days, the residence is considered abandoned.[13]

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.[14]

Sources

  1. § 35-9A-441(b))
  2. 42 U.S. Code
  3. § 35-9A-202
  4. § 35-9A-201(a)
  5. § 35-9A-201(b)
  6. § 35-9A-161
  7. § 12-17-224
  8. § 35-9A-303
  9. § 35-9A-423(a)
  10. § 35-9A-423(b)
  11. § 35-9A-426
  12. § 35-9A-423(c)
  13. § 35-9A-423(e)
  14. § 35-9A-423(d)
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