Alabama
Alabama Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Alabama landlords may collect a security deposit of up to one month's rent and must return it within 60 days of move-out. Landlords generally must give at least two days' (48 hours') notice before entering the rental unit, though no notice is required when the tenant requested the repair or in the other situations Ala. Code 35-9A-303 lists.
Security deposits in Alabama
Alabama's Uniform Residential Landlord and Tenant Act (URLTA), codified at Ala. Code 35-9A, caps the security deposit at one month's rent for a standard tenancy. The cap does not apply to amounts collected for pets, changes to the premises, or increased liability risks to the landlord or the premises. Ala. Code 35-9A-201(a) sets no separate documentation or justification requirement for those extra amounts, though writing them into the lease avoids later disputes. The landlord is not required to hold the deposit in a separate escrow account under Alabama law, though some leases require it.
After the tenancy ends, the landlord has 60 days to return the deposit or send a written itemized statement of deductions. The statement must list each claimed damage with its cost. If the landlord fails to mail a timely refund or accounting within that 60-day period, Ala. Code 35-9A-201(f) requires the landlord to pay the tenant double the amount of the original deposit. To protect that remedy, a tenant should give the landlord a valid written forwarding address when vacating; the statute treats first class mailing to that address within 60 days as sufficient compliance.
| Rule | Amount |
|---|---|
| Deposit cap | 1 month's rent (pets, premises changes, or added liability risk excepted) |
| Return deadline | 60 days after tenancy ends |
| Missed deadline | Double the original deposit |
| Interest required | No |
Allowable deductions include unpaid rent, damage beyond normal wear and tear, and costs for returning the unit to its move-in condition. Normal wear and tear (small nail holes, minor scuffs, faded paint) cannot be deducted.
When can a landlord enter? Notice rules
The default rule under Ala. Code 35-9A-303(c) is that a landlord gives the tenant at least two days' (48 hours') notice of an intent to enter, and enters only at reasonable times, generally normal business hours unless the tenant agrees otherwise. Posting a note on the tenant's primary entry door stating the intended time and purpose is a permitted method of giving that notice. This two-day rule is a default, not an absolute requirement.
Several common situations carry no two-day notice right. If the tenant requests repairs, maintenance, or improvements, Ala. Code 35-9A-303(e) deems the tenant to have granted consent for the landlord to enter and do that work, so no advance notice is owed. Under subsection (d), a landlord who provides a general notice or an advance schedule more than two days ahead for repairs, maintenance, pest control, or health or safety service owes no additional day's notice, and a tenant may consent to entry on less than two days' notice.
Ala. Code 35-9A-303(b) also lets a landlord enter without the tenant's consent in five circumstances: an emergency, a court order, entries permitted by Sections 35-9A-422 and 35-9A-423(b), showings to a prospective tenant or purchaser under a separately signed general notice within four months of the lease expiring, and when the landlord has reasonable cause to believe the tenant has abandoned or surrendered the premises.
Outside those situations, entering without the required notice may constitute an unlawful entry under the Alabama URLTA and give the tenant remedies including lease termination. The statute also bars a landlord from abusing the right of access or using it to harass the tenant.
Landlords should document all entries and notice in writing. Repeated unauthorized entries can support a tenant's claim of harassment or constructive eviction.
Ending a lease: notice to vacate
Either the landlord or the tenant may terminate a month-to-month tenancy in Alabama by giving at least 30 days' written notice before the next rent due date. The notice period begins when the other party receives it, so it is best to deliver it with enough lead time to ensure the full 30 days runs before the next payment cycle.
Fixed-term leases (for example, a 12-month lease) automatically end on the stated date and do not require a separate termination notice unless the lease says otherwise. If a tenant stays past the lease end date without a new agreement, the tenancy may convert to a month-to-month arrangement.
For nonpayment of rent, lease violations, or other cause-based removals, a different process applies. See Alabama's eviction notice rules at /eviction-notice/alabama for the step-by-step notice-to-quit and unlawful-detainer process. Squatters face a separate set of rules explained at Alabama squatters rights.
Repairs and the warranty of habitability
Alabama recognizes an implied warranty of habitability under Ala. Code 35-9A-204. A landlord must maintain the rental unit in a condition fit for human habitation: working plumbing, heating, electrical systems, structural integrity, and freedom from serious pest infestations or mold that affects health. The landlord must also comply with applicable housing codes.
A tenant who wants repairs made should send a written notice to the landlord describing each defect in detail and keeping a copy. Requesting repairs also means consenting to let the landlord in to do the work, so expect entry without a separate 48-hour notice. Alabama law does not give tenants the right to repair the problem themselves and deduct the cost from rent (repair-and-deduct is not available here). Rent withholding on its own is also legally risky under Alabama law.
If the landlord fails to make a required repair within a reasonable time after written notice, the tenant's main remedies are to pursue the matter in small claims or district court, file a complaint with the local housing authority or code enforcement office, or (for conditions that make the unit truly uninhabitable) terminate the lease after proper notice under Ala. Code 35-9A-401.
Rent, late fees, and rent control
Alabama does not cap the amount of late fees a landlord may charge, but the fee must be written into the lease to be enforceable. There is no statutory grace period before a late fee may be assessed, though many leases include one (three to five days is common). A fee that is grossly disproportionate to actual damages could be challenged as an unenforceable penalty clause.
Alabama does not have any statewide rent control, and state law preempts any local government from enacting rent control or rent stabilization ordinances. This means no city or county in Alabama can limit how much a landlord may increase rent. A landlord may raise rent to any amount with proper notice at the end of a lease term or, for month-to-month tenancies, with 30 days' written notice before the new rate takes effect.
If you have a landlord-tenant dispute in Alabama
Alabama landlord-tenant disputes most often involve security deposit deductions, needed repairs, or unlawful entries. Here are the most effective steps to protect your rights.
Document everything in writing. Send repair requests, move-out notices, and complaints by email or certified mail. Keep screenshots, photos of conditions, and copies of all letters.
Send a written demand for your deposit. If more than 60 days have passed since move-out and you have not received the deposit or an itemized statement, send a written demand letter referencing Ala. Code 35-9A-201 and the double-deposit penalty in subsection (f). This creates a paper trail and is often enough to prompt a response.
File in small claims court. Alabama's district courts handle small claims up to $6,000. Filing fees are modest and you do not need an attorney. Bring your lease, photos, move-in and move-out checklists, and any written communications.
Contact code enforcement. For habitability issues (broken heat, serious plumbing failures, mold), a complaint to the local code enforcement office can compel the landlord to act and creates an official record.
Seek legal aid. Alabama Legal Services (alabamalegalservices.org) offers free civil legal help to qualifying low-income tenants. The Alabama State Bar's Lawyer Referral Service can connect you with a private landlord-tenant attorney.
This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.
Related pages: Landlord-Tenant Laws by State | Alabama Eviction Notice | Alabama Squatters Rights
More Alabama Laws
Frequently Asked Questions
How long does a landlord have to return my deposit in Alabama?
A landlord in Alabama has 60 days from the end of the tenancy to return the deposit or provide a written itemized statement of deductions. If the landlord fails to mail a timely refund or accounting within that 60-day period, Ala. Code 35-9A-201(f) requires the landlord to pay you double the amount of your original deposit. Give the landlord a valid written forwarding address when you move out so the 60-day clock is measured against an address the landlord can mail to.
How much notice must a landlord give to enter in Alabama?
Two days (48 hours) is the default notice under Ala. Code 35-9A-303(c), and entry must be at a reasonable time. But the two-day rule has real exceptions. If you requested the repair, maintenance, or improvement, you are deemed to have consented to the entry and no notice is owed. A landlord who gave a general notice or advance schedule more than two days ahead for repairs, maintenance, pest control, or health or safety service owes no additional notice, and you may agree to shorter notice. A landlord may also enter without your consent in an emergency, under a court order, as permitted by Sections 35-9A-422 and 35-9A-423(b), for a showing under a separately signed general notice within four months of the lease expiring, or when the landlord reasonably believes the unit has been abandoned.
What is the maximum security deposit in Alabama?
The maximum security deposit in Alabama is one month's rent for a standard tenancy. Ala. Code 35-9A-201(a) excepts amounts collected for pets, changes to the premises, or increased liability risks to the landlord or the premises, so a landlord may collect more on those grounds. The statute does not require the landlord to document or justify the extra amount, though having it written into the lease makes any later dispute easier to resolve.
Can a landlord raise rent in Alabama?
Yes. Alabama does not have rent control, and state law preempts any local rent control ordinances. A landlord may raise rent to any amount with at least 30 days' written notice before the new rate takes effect on a month-to-month tenancy. Fixed-term leases cannot be raised mid-term unless the lease allows it.
Can I withhold rent for repairs in Alabama?
No. Repair-and-deduct and unilateral rent withholding are not available remedies in Alabama. If your landlord fails to make required repairs after written notice, your options are to pursue the matter in court, contact code enforcement, or (in severe cases) terminate the lease after giving proper written notice under Alabama law.
How much notice is needed to end a month-to-month lease in Alabama?
Either the landlord or the tenant must give at least 30 days' written notice to terminate a month-to-month tenancy in Alabama. The notice must be timed so that the full 30 days runs before the next rent payment is due.
Does Alabama require a separate escrow account for security deposits?
No. Alabama law does not require landlords to hold security deposits in a separate escrow or trust account, though some leases include this requirement voluntarily. Always check your lease for any deposit-handling terms the landlord has agreed to.
Updates
Corrected the security deposit and landlord entry sections against the Alabama Code: a landlord who misses the 60-day deposit deadline owes double the deposit, the extra deposit allowed for pets, premises changes or added liability risk carries no documentation requirement, and the two-day entry notice does not apply to repairs the tenant requested or to the other entries Ala. Code 35-9A-303 permits.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Alabama 1975, Title 35: Property.
§ 35-9A-201Security Deposits; Prepaid Rent.In force
(a) A landlord may not demand or receive money as security, in an amount in excess of one month’s periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises, for tenant’s obligations under a rental agreement. (b) Upon termination of the tenancy, money held by the landlord as security may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with Section 35-9A-301 all as itemized by the landlord in a written notice delivered to the tenant together with the amount due 60 days after termination of the tenancy and delivery of possession. (c) If the landlord does not refund the entire deposit, the landlord, within the 60-day period, shall provide the tenant an itemized list of amounts withheld. (d) Upon vacating the premises, the tenant shall provide to the landlord a valid forwarding address, in writing, to which the deposit or itemized accounting, or both, may be mailed.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at alison.legislature.state.al.us
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This article also draws on these acts and chapters (opening at their first section): Code of Alabama 1975, Title 35: Property. § 35-9A-101 (Short Title.)
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Sources and References
- Ala. Code Title 35, Chapter 9A (Alabama URLTA)(alison.legislature.state.al.us).gov
- Alabama Attorney General, Consumer Protection (Landlord-Tenant)(alabamaag.gov).gov
- Ala. Code 35-9A-201, Security Deposits; Prepaid Rent (one-month cap and exceptions; 60-day refund or accounting; double-deposit penalty)(alison.legislature.state.al.us)
- Ala. Code 35-9A-303, Access (two days’ default notice, entries without consent, deemed consent for tenant-requested repairs)(alison.legislature.state.al.us)