A practical overview of Alabama's landlord-tenant statutes for property owners and investors. Understand your rights, obligations, and the key laws that govern residential rental properties in Tuscaloosa County and throughout Alabama.
Alabama law (Ala. Code § 35-9A-101 et seq., the Alabama Uniform Residential Landlord and Tenant Act) governs most residential rental agreements. The Act applies to nearly all residential rental arrangements, though there are limited exceptions.
Oral leases are legally recognized in Alabama for terms under one year, but written leases are strongly recommended for clarity and enforceability. At BAKK Properties, all leases are written and professionally prepared.
Alabama does not cap security deposit amounts by statute, but industry practice in Tuscaloosa County is typically one to two months' rent. The Alabama Uniform Residential Landlord and Tenant Act (Ala. Code § 35-9A-201) sets the rules.
Landlords are not required to hold deposits in a separate account or pay interest, but doing so is best practice. BAKK Properties maintains segregated trust accounts for all client funds.
Deposits must be returned within 60 days after lease termination and delivery of possession. If deductions are made, the landlord must provide a written itemized statement.
Unpaid rent, damages beyond normal wear and tear, and cleaning costs to return the unit to its original condition. Normal wear and tear cannot be deducted.
If a landlord wrongfully withholds the deposit, the tenant may recover up to twice the deposit amount in damages under Alabama law.
Under Alabama law (Ala. Code § 35-9A-204), landlords must:
Retaliatory Conduct: Alabama law (Ala. Code § 35-9A-401) prohibits landlords from retaliating against tenants who complain about code violations or exercise their legal rights. Retaliation includes raising rent, decreasing services, or threatening eviction within six months of a protected tenant action.
Under Alabama law (Ala. Code § 35-9A-301), tenants must:
Alabama has specific procedures that must be followed for a lawful eviction. Self-help evictions (changing locks, shutting off utilities, removing tenant belongings) are illegal under Alabama law.
Illegal "Self-Help" Evictions: Changing locks, removing doors, shutting off water/electricity, or removing a tenant's personal property without a court order is illegal and can result in the landlord being liable for damages, including the tenant's attorney fees.
The Federal Fair Housing Act prohibits discrimination in housing based on seven protected classes. Alabama does not add additional protected classes at the state level, but federal law applies everywhere.
BAKK Properties strictly adheres to all Fair Housing laws in tenant screening, advertising, and every aspect of property management. We treat all applicants equally and evaluate them based on objective criteria: credit history, income, rental history, and criminal background — never on protected class status.
Alabama has no statutory grace period or cap on late fees. However, late fees should be reasonable and clearly stated in the lease. Courts may disallow excessive fees deemed punitive. At BAKK Properties, we recommend and use reasonable late fee structures.
Alabama has no rent control. Landlords may raise rent with proper notice — typically 30 days for month-to-month tenancies, or as specified in the lease for fixed-term agreements. Increases cannot be retaliatory or discriminatory.
Owning Alabama rental property from another state presents unique challenges — especially when it comes to legal compliance. Key considerations include:
BAKK Properties specializes in managing properties for out-of-state investors, handling everything from tenant placement to legal compliance so you never have to book a flight for a leaky faucet or court date.
BAKK Properties stays current on Alabama landlord-tenant law so you don't have to. From lease preparation to evictions, we ensure full legal compliance — especially valuable for out-of-state investors.