Alabama Landlord-Tenant Laws: A 2026 Guide for Landlords and Tenants

Quick Answer
Alabama's rental relationships are governed by the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to -603). A security deposit cannot exceed one month's rent, with limited exceptions, and must be returned within 60 days of move-out. Before filing an eviction, a landlord must give at least seven business days' written notice for nonpayment of rent or most lease violations. Self-help eviction, such as changing locks or shutting off utilities, is illegal. A separate 2024 law (Ala. Code §§ 35-9B-1 to -9) lets property owners ask law enforcement to remove true squatters through a sworn affidavit, without filing a court case.
Alabama's rental relationships are governed primarily by the Alabama Uniform Residential Landlord and Tenant Act (AURLTA), enacted in 2007 and amended several times since. This guide summarizes the Act's core rules on security deposits, rent, entry notice, landlord and tenant duties, disclosures, retaliation, and eviction, plus Alabama's separate 2024 law addressing squatters, with links to the primary Alabama Code sections for each point.
This guide is not comprehensive, is not legal advice, and does not warrant the accuracy of third-party information. Alabama statutes change, and local governments may still regulate general housing health and safety even though the Act preempts local landlord-tenant codes specifically. If you are dealing with a landlord-tenant dispute, consult a qualified Alabama attorney.
Where Alabama's Landlord-Tenant Rules Come From
Alabama's core landlord-tenant statutes are:
Ala. Code §§ 35-9A-101 to -603 — the Alabama Uniform Residential Landlord and Tenant Act (Title 35, Chapter 9A), covering residential rental agreements.
Ala. Code §§ 35-9B-1 to -9 — Alabama's 2024 anti-squatting law (Title 35, Chapter 9B), covering the removal of unauthorized occupants who were never tenants.
Ala. Code § 6-6-310 and following — the forcible entry and detainer and unlawful detainer statutes (Title 6, Chapter 6), Alabama's general procedure for recovering possession of real property outside the Act.
Alabama Security Deposit Rules
A landlord may not demand or receive a security deposit of more than one month's periodic rent, except that a landlord may charge more to cover pets, changes to the premises, or increased liability risks to the landlord or the property (Ala. Code § 35-9A-201(a)).
Alabama does not require a security deposit to earn interest, to be held in a separate account, or to be receipted. At the end of the tenancy, the landlord may apply the deposit to unpaid rent and to damages caused by the tenant's noncompliance with the tenant's maintenance duties (§ 35-9A-301).
The landlord must mail the tenant the remaining deposit, along with an itemized list of any amounts withheld, within 60 days after the tenancy ends and the tenant delivers possession (§ 35-9A-201(b), (c)). The tenant must provide a written forwarding address; if the tenant does not, the landlord mails the deposit or accounting to the tenant's last known address or to the rental property's address. Any deposit or outstanding check left unclaimed is forfeited by the tenant after 90 days (§ 35-9A-201(d)).
If the landlord fails to mail a timely refund or accounting within the 60-day period, the landlord must pay the tenant double the amount of the original deposit (§ 35-9A-201(f)).
Key Insight
Alabama's eviction notice periods have changed more than once. The Legislature amended Ala. Code § 35-9A-421 to require seven business days' notice (rather than the older 14-calendar-day standard) before a lease can be terminated for a curable lease violation or nonpayment of rent, and added a limit of two lease-violation cures in any 12-month period. It also extended the security-deposit return deadline under § 35-9A-201 from 35 days to 60 days, and the unclaimed-deposit forfeiture period from 180 days to 90 days. Older articles that cite a 35-day deposit deadline or a flat 14-day cure period are describing a prior version of the statute.
Rent, Fees, and Rental Agreement Terms
Alabama has no rent control law. Absent a different agreement, rent is payable at the dwelling unit, with periodic rent due at the beginning of each month, or at the beginning of any term of one month or less (§ 35-9A-161(b), (c)). Unless the rental agreement states a definite term, the tenancy defaults to week-to-week for a tenant who pays weekly rent, and month-to-month in all other cases (§ 35-9A-161(d)).
There is no Alabama statute capping late fees, application fees, or other rental fees, and no required grace period before a late fee applies. A lease may not, however, require a tenant to waive rights under the habitability, landlord-noncompliance, or essential-services sections of the Act, require the tenant to pay the landlord's attorney's fees or collection costs, or authorize a confession of judgment against the tenant (§ 35-9A-163(a)).
When Can a Landlord Enter the Rental Unit?
A tenant may not unreasonably withhold consent for the landlord to enter to inspect the premises, make agreed or necessary repairs, or show the unit to a prospective purchaser, mortgagee, tenant, or contractor (§ 35-9A-303(a)). A landlord may enter without consent in an emergency, under a court order, or when the landlord has reasonable cause to believe the tenant has abandoned or surrendered the unit (§ 35-9A-303(b)).
Outside those situations, the landlord must give the tenant at least two days' notice of intent to enter and may enter only at reasonable times; posting a note on the tenant's front door stating the intended time and purpose satisfies the notice requirement (§ 35-9A-303(c)). A landlord may also show the premises to a prospective tenant or purchaser without that two-day notice if the landlord gave the tenant a separate signed notice of that right within four months of the lease's expiration, and only while accompanied by the prospective tenant or purchaser (§ 35-9A-303(b)(4)).
Landlord and Tenant Duties Under Alabama Law
Under § 35-9A-204, a landlord must comply with building and housing codes materially affecting health and safety, make all repairs necessary to keep the premises habitable, keep common areas clean and safe, maintain electrical, plumbing, and HVAC systems and appliances in good working order, provide and maintain garbage receptacles, and supply running water and reasonable hot water and heat.
Under § 35-9A-301, a tenant must comply with health-and-safety codes that apply to tenants, keep the tenant's part of the premises clean and safe, dispose of waste properly, use plumbing and other facilities in a reasonable manner, avoid deliberately or negligently damaging the premises, and avoid disturbing neighbors' peaceful enjoyment of the property.
Required Landlord Disclosures in Alabama
A landlord must disclose to the tenant in writing, at or before the start of the tenancy, the name and business address of the person authorized to manage the premises, and of the owner (or a person authorized to act for the owner) for service of process and for receiving notices and demands (§ 35-9A-202(a)). A person who fails to make this disclosure becomes the landlord's agent for receiving notices and process and for performing the landlord's duties under the Act (§ 35-9A-202(c)).
Separately, federal law requires a landlord renting housing built before 1978 to disclose known lead-based paint hazards and to give tenants an EPA-approved information pamphlet before the lease is signed (42 U.S.C. § 4852d).
Definition
Unlawful detainer is the court action a landlord files under Ala. Code § 35-9A-461 to recover possession of a rental unit after a tenant fails to move out following a valid notice to terminate. It is distinct from a forcible entry and detainer action under Ala. Code § 6-6-310, used against someone who took possession by force, and from the sworn-affidavit removal process for squatters under Ala. Code §§ 35-9B-1 to -9, which does not involve filing a court case at all.
Renters' Rights and Protection From Retaliation
If a landlord materially fails to comply with the rental agreement, or fails to comply with § 35-9A-204 in a way that materially affects health and safety, the tenant may deliver written notice specifying the breach; the agreement terminates on a date at least 14 days after the landlord receives the notice unless the landlord remedies the breach first (§ 35-9A-401(a)). The tenant may also recover actual damages and injunctive relief, plus attorney's fees if the landlord's noncompliance was in bad faith (§ 35-9A-401(b)).
If a landlord unlawfully removes or excludes a tenant, or willfully interrupts heat, water, electricity, gas, or another essential service, the tenant may recover possession or terminate the lease and recover the greater of actual damages or up to three months' periodic rent, plus reasonable attorney's fees (§ 35-9A-407).
Alabama law also prohibits a landlord from retaliating — by raising rent, cutting services, or bringing or threatening a possession action — because a tenant complained to a government agency or to the landlord about a health-or-safety violation, or because the tenant joined a tenants' union (§ 35-9A-501(a)). A landlord may still bring a possession action if, among other things, the tenant caused the violation, is behind on rent, or committed another material lease violation (§ 35-9A-501(c)).
Alabama Eviction Laws
For a material lease violation, an intentional misrepresentation on a rental application, or a noncompliance with § 35-9A-301 that materially affects health and safety, a landlord may deliver written notice that the lease will terminate no less than seven business days after the tenant receives it. An intentional misrepresentation cannot be cured; other breaches can be, if remedied before the date in the notice (§ 35-9A-421(a)).
For unpaid rent, the landlord gives written notice stating the amount owed and stating that the lease will terminate at least seven business days after the tenant receives the notice; if the tenant pays within that window, the lease does not terminate on that notice (§ 35-9A-421(b)).
No breach may be cured by the tenant more than twice in any 12-month period without the landlord's written consent. Certain acts are non-curable and support an immediate seven-day notice to terminate, including manufacturing or possessing illegal drugs on the property, illegal use or discharge of a firearm outside self-defense, criminal assault of another tenant or guest, or a repeat of substantially the same breach within six months of a prior cured notice (§ 35-9A-421(d)).
A landlord or tenant may end a week-to-week tenancy with at least 7 days' written notice, or a month-to-month tenancy with at least 30 days' written notice (§ 35-9A-441(a), (b)). If a tenant holds over without the landlord's consent after the lease ends, the landlord may sue for possession and, if the holdover was willful and not in good faith, recover the greater of actual damages or up to three months' rent plus attorney's fees (§ 35-9A-441(c)).
If the tenant does not vacate, the landlord's eviction (unlawful detainer) case is filed in the district or circuit court of the county where the property is located and takes scheduling precedence over other civil cases (§ 35-9A-461(a), (b)). A losing tenant may appeal to circuit court within seven days, and a writ of possession is automatically stayed for seven days after judgment (§ 35-9A-461(d), (e)). Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is illegal at every stage of this process (§ 35-9A-427).
Squatters, Adverse Possession, and the 2024 Anti-Squatting Law
Under Alabama's general adverse-possession statute, a person occupying land cannot acquire title in 10 years unless supported by a recorded deed or other color of title, 10 years of annually listing the land for taxes, or title by descent or devise from a predecessor in possession; without any of these, Alabama courts require 20 years of continuous, open possession under the common-law doctrine of prescription (Ala. Code § 6-5-200).
Effective June 1, 2024, Act 2024-237 gave property owners a faster path to remove a true squatter — someone who was never a tenant — without filing a court case. The owner or an authorized agent submits a sworn affidavit to local law enforcement stating that the individual unlawfully entered and remains in the dwelling, was never authorized to be there, is not a tenant or holdover tenant, is not an immediate family member of the owner, and that there is no pending litigation over the property; the owner must also have posted notice to vacate at the dwelling (Ala. Code § 35-9B-2). The law does not apply to a current or former tenant, including a holdover tenant, who must still be removed through the standard unlawful detainer process.
Self-help remains illegal against squatters and tenants alike. A property owner who wrongfully invokes the affidavit process, or who otherwise removes an occupant without legal authority, can face civil liability (§ 35-9B-6).
Where to Get Help
Key Takeaways
- Security deposits are capped at one month's rent, with exceptions for pets, premises alterations, and increased liability risk (Ala. Code § 35-9A-201(a)).
- Deposits and any itemized deductions must be mailed within 60 days of move-out, or the landlord owes the tenant double the deposit (§ 35-9A-201(b), (f)).
- Landlords must give at least seven business days' written notice before terminating a lease for nonpayment of rent or most other lease violations, with up to two cures allowed in any 12-month period (§ 35-9A-421).
- Certain breaches, such as drug activity, illegal firearm use, criminal assault of another tenant or guest, or a repeat violation within six months, cannot be cured and support a non-curable seven-day notice (§ 35-9A-421(d)).
- Landlords may not use self-help eviction methods such as changing locks or shutting off utilities; only a court-ordered unlawful detainer action can remove a tenant (§§ 35-9A-427, -461).
- A 2024 law (Act 2024-237, Ala. Code §§ 35-9B-1 to -9) lets owners remove true squatters, who were never tenants, through a sworn affidavit to local law enforcement, separate from the standard eviction process.
Frequently Asked Questions
How much can an Alabama landlord charge for a security deposit?
A landlord may not demand or receive a security deposit greater than one month's periodic rent, except that a landlord may charge more for pets, changes to the premises, or increased liability risks to the landlord or the property (Ala. Code § 35-9A-201(a)).
How long does an Alabama landlord have to return a security deposit?
A landlord must mail the tenant the remaining deposit, along with an itemized list of any amounts withheld, within 60 days after the tenancy ends and the tenant delivers possession. If the landlord misses that deadline, the landlord must pay the tenant double the original deposit amount (Ala. Code § 35-9A-201(b), (c), (f)).
How much notice must an Alabama landlord give before evicting a tenant for unpaid rent?
The landlord must deliver a written notice stating the amount of rent and any late fees owed and stating that the rental agreement will terminate on a date not less than seven business days after the tenant receives the notice. If the tenant pays what is owed within that window, the landlord cannot proceed with eviction on that notice (Ala. Code § 35-9A-421(b)).
Can an Alabama landlord change the locks or shut off utilities to remove a tenant?
No. Alabama law prohibits a landlord from recovering or taking possession of a dwelling unit by self-help, including by willfully interrupting heat, water, hot water, electricity, gas, or other essential services (Ala. Code § 35-9A-427). A tenant subjected to an unlawful ouster or diminution of services may recover possession or terminate the rental agreement, plus the greater of actual damages or up to three months' periodic rent and reasonable attorney's fees (§ 35-9A-407). Removing a tenant requires a court-ordered unlawful detainer action under § 35-9A-461.
How much notice must a landlord give before entering an Alabama rental unit?
Except in an emergency or when it is impracticable to do so, a landlord must give at least two days' notice of intent to enter and may enter only at reasonable times; posting a note on the tenant's front door stating the intended time and purpose satisfies this requirement (Ala. Code § 35-9A-303(c)). A landlord may also show the unit to a prospective tenant or purchaser without additional notice under specific conditions described in § 35-9A-303(b)(4).
Can an Alabama property owner remove a squatter without going to court?
Sometimes. Under Act 2024-237 (Ala. Code §§ 35-9B-1 to -9), a property owner or authorized agent can submit a sworn affidavit to local law enforcement to remove someone who unlawfully entered and is occupying a dwelling, was never authorized to be there, is not a tenant or holdover tenant, is not an immediate family member of the owner, and where there is no pending litigation over the property. This process does not apply to a current or former tenant; removing a tenant who won't leave still requires the standard unlawful detainer process under § 35-9A-461.
This article is provided by PayRent for general informational purposes and is not legal advice. Alabama laws change, and how they apply can depend on your specific circumstances — always confirm current requirements with the official Code of Alabama or a licensed attorney before acting. Learn more about how PayRent helps landlords track rent, security deposits, and lease compliance at payrent.com.

Written by
David Paxton
Dave is a seasoned real estate investor with over 12 years of experience in the industry. Specializing in single-family residential real estate, David's strategic approach combines market analysis, financial acumen, and a deep understanding of urban development trends to maximize investment returns.