Posted in Blog  
  on Sep 29, 2015

Explanation of Alabama Renters Rights

In Alabama, the most common reason why tenants will face an eviction is because of their nonpayment of rent. Under this circumstance, a landlord must provide a written 7 day notice that allows the tenant to become current with any past due rent and late fees that are owed. If the issue is for a lease violation that doesn't involve the rent, then a 14 day written notice is required. Here is an explanation of Alabama renters rights that fall outside of these common circumstances.

1. There Are Security Deposit Restrictions.

Landlords may only charge the equivalent of one month's rent as a security deposit. Upon moving out, tenants must receive their remaining funds within 35 days. If not returned, tenants may sue in small claims court for up to $3,000.

2. The Rental Agreement May Be Enforced Instead Of State Law.

Certain actions are illegal, such as a refusal to provide habitable conditions. Tenants cannot agree to illegal contract stipulations. There are certain situations, however, where the rental agreement will take precedence over state law. The most common issue is raising the rent, which by law requires a 30 day notice unless the lease has different terms.

3. Tenants Cannot Withhold Rent To Repair And Deduct.

If a landlord fails to repair an issue with a rental unit, tenants do not have the option to withhold rent to repair the problem on their own. If a written notice does not rectify the situation, the tenants may either move out without future rent due or sue the landlord for damages.

4. There Is a 2 Day Notice Of Entry.

Unless there is an emergency situation, landlords must provide tenants with a two day's notice for entry into a rental unit. A failure to provide this notice allows a tenant to have the reasonable right to refuse entry.

5. Certain Ordinances Are Governed By Local Laws.

Noise, health and safety, or nuisance regulations may be governed by local laws. For specific rights in this area, it is necessary to check with the governing jurisdiction that oversees the rental property.

This explanation of Alabama renters rights is not intended to answer every question that may arise in the landlord-tenant relationship. For specific answers to your situation, be sure to consult with local codes and laws.


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