Published 2026-09-25 · 13 min read

Alabama Landlord-Tenant Law 2026: The Plain-English Guide

Alabama runs its rentals under the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 et seq.), more landlord-friendly than the same act in many other states. The headline facts: a one-month cap on security deposits, a 60-day return window — one of the longest in the country — and seven-business-day notices for both nonpayment and lease violations, after 2018 reforms shortened what many guides still call 14 days. Eviction mechanics live elsewhere in the code (unlawful detainer, §§ 6-6-310 et seq.) — two statutes bolted together, because they are.

The short version: Charge no more than one month's rent as a deposit, apart from the narrow statutory exceptions. Mail the refund and itemized accounting within 60 days after the tenancy ends and the tenant hands back possession, or owe double the original deposit. Serve termination notices on a seven-business-day clock running from the tenant's receipt. Give at least two days' notice before entry. Raise rent freely — rent control is preempted statewide — but never retaliate and never use self-help.

Alabama law at a glance

Two stale numbers cause most Alabama landlord losses. Guides citing a 35-day deposit return quote pre-2014 law — Act 2014-279 moved the deadline to 60 days and cut forfeiture from 180 days to 90. Guides citing 14 days for lease-violation notices quote pre-2018 law — Act 2018-473 shortened § 35-9A-421 to seven business days. Fix any form or software still carrying either old number.

When the clocks actually start

Three counting rules decide almost every Alabama deadline dispute:

The 60-day deposit clock needs two events, not one. Section 35-9A-201(b) runs the period from "termination of the tenancy and delivery of possession" — the later of the two starts the clock. A lease ending on the 31st with keys surrendered on the 9th starts it on the 9th; keys surrendered early under a lease running to month-end start it at month-end. Keep proof of both dates. The 60 days are calendar days — but if the last day falls on a weekend or official holiday, it rolls to the next business day the court is open (§ 35-9A-141(3)). Treat that as a safety net, not a deadline.

The seven-business-day eviction clock runs from receipt, skipping weekends and holidays. Section 35-9A-421 measures the period in business days "after receipt of the notice" — receipt, not the day you mailed or posted it. Prove the receipt date: hand delivery with a witness, a signed acknowledgment, or a method that generates its own record. A detainer built on an unproven termination date is a dismissal waiting to happen.

The 30-day periodic-tenancy clock is anchored to the rental date. Section 35-9A-441(b) requires notice at least 30 days before the periodic rental date specified in the notice — not simply 30 days after sending. Name the date, count back 30 full days, send early — and write the trigger date, counting method, and deadline on the notice itself. Our Security Deposit Deadline Finder computes deposit deadlines from the two trigger dates for you.

How much can an Alabama landlord charge as a security deposit, and when must it be returned?

Section 35-9A-201 is short and unforgiving: what you may collect, what you may apply it to, what and where you must send, and what it costs when you don't.

What you may collect. No more than one month's periodic rent as security, except additional amounts tied to pets, changes to the premises, or increased liability risks (§ 35-9A-201(a)). The exceptions are specific, not a surcharge power — and relabeling does not help: a court applies the cap to money held as security, whatever the lease calls it.

What you may apply it to. Accrued rent and damages suffered by reason of the tenant's noncompliance with the tenant-maintenance duties in § 35-9A-301, itemized in writing (§ 35-9A-201(b)). Ordinary wear is not noncompliance damage; prove deductions with move-in and move-out records. See our move-in/move-out inspection checklist and security deposit deductions guide.

What you must send, and when. If you do not refund the entire deposit, provide an itemized list of amounts withheld within the 60-day period, with any refund due (§ 35-9A-201(c)). Mailing by first class mail to the address the tenant provided in writing, within the 60 days, is sufficient compliance (§ 35-9A-201(e)). Build the itemization from inspection photos in the first weeks of vacancy, not the last days.

Where you must send it. On vacating, the tenant must provide a valid forwarding address in writing (§ 35-9A-201(d)). If the tenant fails to provide one, mail to the last known address or, if none, to the tenant at the address of the property. Ask for the address in writing at the walkthrough — the tenant's failure changes the address you use, not your deadline. Any deposit unclaimed, and any check outstanding, is forfeited by the tenant after 90 days (§ 35-9A-201(d)).

What it costs when you don't. A landlord who fails to mail a timely refund or accounting within the 60-day period shall pay the tenant double the amount of the tenant's original deposit (§ 35-9A-201(f)) — double the original deposit, not double the amount withheld. On a $1,250 deposit, silence is a $2,500 payment on top of the accounting still owed. Withhold everything and itemize on time and you face a dispute about deductions; say nothing and you face the penalty.

What the Act does not require. Section 35-9A-201 imposes no separate-account, trust, or escrow requirement and no duty to pay interest. Keep a separate per-tenant ledger anyway. Our dedicated page is Alabama security deposit law.

Can an Alabama landlord set and raise rent freely?

• No rent control — and it is preempted. Section 11-80-8.1 bars counties and municipalities from enacting, maintaining, or enforcing any ordinance controlling the amount of rent on private property. You may set and raise rent at market, subject to your lease, the notice rules below, and the anti-retaliation rule.
• Rent increases ride on the termination notice. The Act sets no separate increase-notice period. On a month-to-month tenancy, give written notice with the § 35-9A-441(b) lead time — at least 30 days before the periodic rental date specified — so the tenant can accept the new rent or leave. On a fixed term, rent is locked until the term ends unless the lease provides otherwise. See how to raise rent legally.
• No mandatory grace period. Rent is late when your lease says it is late. Write any grace period explicitly, because the lease language decides when a § 35-9A-421(b) notice can go out.
• No statutory late-fee cap. State the amount or formula, the day it accrues, and whether it repeats, in the lease — the nonpayment notice must state the rent and any late fees owed (§ 35-9A-421(b)), and a fee the lease never authorized cannot be cured into existence on the notice.
• No general rent-withholding right. The Act gives tenants specific remedies for landlord noncompliance — notice, termination, damages — but no general right to withhold rent and stay over a repair dispute. If a tenant withholds anyway, § 35-9A-421(b) is your route; see how to handle late rent.

How much notice ends a week-to-week or month-to-month tenancy in Alabama?

Periodic tenancies end on § 35-9A-441's clocks, which either party can start:

• Week-to-week: written notice at least seven days before the termination date specified in the notice (§ 35-9A-441(a)).
• Month-to-month: written notice at least 30 days before the periodic rental date specified in the notice (§ 35-9A-441(b)).
• Holdover: a tenant who remains without your consent after expiration or termination faces an action for possession — and if the holdover is willful and not in good faith, up to three months' periodic rent or actual damages, whichever is greater, plus reasonable attorney's fees (§ 35-9A-441(c)). If you consent to continued occupancy instead, the tenancy continues on periodic terms (§ 35-9A-161(d)) — so accepting rent after termination without written reservation of rights is a decision, not a courtesy.

Termination for cause is different: it runs on § 35-9A-421's shorter business-day clocks, next, and never waits for a rental date.

What eviction notice must an Alabama landlord serve for nonpayment or other breaches? (§ 35-9A-421)

The statute has three moving parts: the curable tracks, the non-curable list, and the two-cure limit. Self-help is not a fourth part: no lock changes, no utility shutoffs, no seizing belongings. Possession changes hands only through the courts.

Nonpayment — § 35-9A-421(b). If rent is unpaid when due, deliver written notice specifying the amount of rent and any late fees owed to remedy the breach, terminating on a date not less than seven business days after receipt. Unremedied in that window, the agreement terminates on the date in the notice. Do the math before serving: an overstated amount invites a defense; an understated one caps your demand. If a default qualifies under both tracks, the nonpayment track governs.

Material noncompliance — § 35-9A-421(a). For material noncompliance with the rental agreement, or a § 35-9A-301 noncompliance materially affecting health and safety, deliver written notice specifying the acts and omissions constituting the breach, terminating on a date not less than seven business days after receipt unless the tenant adequately remedies first. "Specifying" means facts — dates, conduct, lease clauses — not conclusions like "lease violation."

Non-curable defaults — § 35-9A-421(d). For listed acts the tenant has no right to remedy unless you consent, and you may terminate on a seven-day notice. The list includes: manufacture, cultivation, importation, transportation, possession, furnishing, administering, or use of illegal drugs in the unit or common areas; illegal use, manufacture, importation, possession, furnishing, or discharge of a firearm or ammunition on the premises — except self-defense, defense of a third party, or as permissible under § 13A-3-23; criminal assault of a tenant or guest, with the same exceptions; and any breach involving substantially the same acts as a previously noticed-and-cured breach, if the second occurs within six months of the first. Separately, an intentional misrepresentation of a material fact in the agreement or application may not be cured at all (§ 35-9A-421(a)).

The two-cure limit — § 35-9A-421(d). No breach may be cured more than two times in any 12-month period except by your express written consent. The third occurrence is not curable as of right. The rule helps only landlords who count: keep a cure log per tenancy — breach, notice date, cure date.

After termination. A tenant who neither cures nor leaves still holds possession. Your remedy is unlawful detainer, plus § 35-9A-421(c): actual damages, reasonable attorney's fees, and injunctive relief. See how to evict a tenant and our lease agreement guide. To run these same dates for your own case — the seven-business-day notice under § 35-9A-421 and service at least six days before the return day under § 6-6-332(b) — use the Eviction Timeline Calculator.

The court case: unlawful detainer

The notice terminates the lease; only a court restores possession. Alabama eviction suits are unlawful detainer actions under Title 6, Article 8 (§§ 6-6-310 et seq.), filed after the § 35-9A-421 period runs.

• Where and for what. The action is brought in the court for the county where the property sits, seeking possession plus the rent and damages the Act allows. Section 35-9A-461 also addresses a landlord's eviction and damages action, with service rules tracking the detainer statute.
• Service is prescribed in detail. Under § 6-6-332(b), the court's notice must be served at least six days before the return day, anywhere in the state. Personal service is the rule. If the sheriff or constable cannot serve the defendant personally, service may be made on a person of legal capacity residing on the premises — or, after reasonable effort finds no such person, by posting a copy on the door and mailing a copy by first class mail the same day or by the close of the next business day. Posting service is complete on the date of mailing. Keep the return — service defects void the effort.
• Execution is by officers, not landlords. Possession judgments are enforced through the court's writ by law enforcement. Until it is executed, possession — however wrongful — is not yours to take back by hand.

Alabama practice straddles two titles (Title 35 for notices, Title 6 for the suit): have an Alabama landlord-tenant attorney review your forms and lease before scaling here.

What must an Alabama landlord maintain under § 35-9A-204?

The habitability duty is real and non-optional. Under § 35-9A-204(a), a landlord shall:

1. Comply with applicable building and housing codes materially affecting health and safety.

2. Make all repairs and do whatever is necessary to put and keep the premises in a habitable condition.

3. Keep all common areas clean and safe.

4. Maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, the landlord supplies or must supply.

5. Provide and maintain receptacles for garbage, rubbish, and other waste, and arrange for removal.

6. Supply running water and reasonable amounts of hot water at all times, and reasonable heat — except where the building is not legally required to be so equipped, or heat or hot water comes from an installation under the tenant's exclusive control on a direct utility connection.

Two qualifications matter. Duty-shifting is allowed only in statutory form: for a single-family residence, the parties may agree in writing that the tenant performs the waste and water/heat duties and specified repairs; for other units, it takes a separate signed writing supported by adequate consideration, never covering code-violation cures or diminishing duties to other tenants (§ 35-9A-204(c), (d)). And tenant rights do not arise for a condition caused by the tenant's willful or negligent act, or a family member's or guest's (§ 35-9A-204(f)). Give every tenant a written maintenance-request channel and date-stamp every report; see how to handle maintenance requests.

Tenant remedies — and why Alabama has no repair-and-deduct

Many national guides credit Alabama tenants with a "repair-and-deduct" right. The Act does not contain one. What § 35-9A-401 actually provides, for a landlord's material noncompliance or a § 35-9A-204 noncompliance materially affecting health and safety:

• The tenant may deliver written notice specifying the breach, stating that the agreement terminates on a date not less than 14 days after receipt if the breach is not remedied in that period. Note the asymmetry: the tenant's clock against you is 14 calendar days; yours are seven business days. A timely remedy defeats termination, and the tenant may not terminate for a condition the tenant's side caused (§ 35-9A-401(a)).
• The tenant may recover actual damages and reasonable attorney's fees and obtain injunctive relief (§ 35-9A-401(b), (c)).
• On a termination under the section, you must return all security recoverable under § 35-9A-201 and all unearned prepaid rent (§ 35-9A-401(d)).

The tenant's leverage is to leave and sue on 14 days' notice — not to fix it and dock the rent while staying. If a tenant announces a deduction, verify the notice, the duty to cure, and the clock — then cure meritorious defects immediately.

How much notice must an Alabama landlord give before entering? (§ 35-9A-303)

The access statute cuts both ways: tenants may not unreasonably withhold consent to entry for inspections, necessary or agreed repairs, services, or showings (§ 35-9A-303(a)) — and landlords may not abuse access or use it to harass.

• The two-day rule. Except as the section otherwise provides, or where impracticable, enter at reasonable times on at least two days' notice (§ 35-9A-303(c)). Posting a note on the primary entry door stating the intended time and purpose is an expressly permitted method.
• Advance schedules replace repeat notices. A general notice or advance schedule, separate from the lease and in excess of two days, for repairs, maintenance, pest control, or health-and-safety service needs no additional notice for that access; a tenant may also consent to less than two days (§ 35-9A-303(d)).
• Repair requests are consent. A tenant requesting repairs, maintenance, or improvements is deemed to have consented to entry to do that work (§ 35-9A-303(e)).
• Entry without consent is a closed list (§ 35-9A-303(b)): emergencies; court order; entry as permitted by §§ 35-9A-422 and 35-9A-423(b); accompanied showings to a prospective tenant or purchaser at reasonable times with prior notice, under a tenant-signed general notice, separate from the rental agreement, for access within four months of the lease's expiration; and entry on reasonable cause to believe the tenant has abandoned or surrendered the premises.

Document every entry — notice date, method, purpose, time in, time out.

Retaliation, discrimination, and the disclosure duties

Retaliation — § 35-9A-501. You may not retaliate by discriminatorily increasing rent or decreasing services, or by bringing or threatening a possession action, because the tenant complained to a government agency about a code violation materially affecting health and safety, complained to you of a § 35-9A-204 violation, or organized or joined a tenant's union. The tenant gets the § 35-9A-407 remedies and a defense in a retaliatory action. You may still sue where the violation was primarily tenant-caused, the tenant is in default in rent, compliance would effectively deprive the tenant of use, or there are other material lease violations (§ 35-9A-501(c)) — but expect the timing to be examined.

Discrimination. The federal Fair Housing Act applies in full, and Alabama's Fair Housing Law (§§ 24-8-1 et seq.) tracks the federal protected classes: race, color, religion, sex, national origin, familial status, and disability. Screen every applicant against the same written criteria; see our fair housing guide.

Disclosure — § 35-9A-202. At or before the tenancy starts, disclose in writing the name and business address of the person authorized to manage the premises, and of an owner or a person authorized to act for the owner for service of process and receiving notices — and keep it current.

A worked example, with dates and dollars

One Birmingham duplex unit shows how the two most-botched clocks actually run. Rent is $1,250 a month; the deposit is $1,250, exactly the cap.

The nonpayment notice. March rent is due Sunday, March 1, 2026. The lease sets a $75 late fee with no grace period, so the cure amount is $1,250 + $75 = $1,325. The landlord delivers the § 35-9A-421(b) notice on Monday, March 2, 2026, the tenant receives it that day, and it states $1,325 and a termination date seven business days after receipt. Count, skipping the weekend: Tuesday, March 3 (1), Wednesday, March 4 (2), Thursday, March 5 (3), Friday, March 6 (4), Monday, March 9 (5), Tuesday, March 10 (6), Wednesday, March 11 (7). Unpaid in full by the end of Wednesday, March 11, 2026, the agreement terminates that day — a partial payment does not cure unless the landlord agrees in writing. The landlord files unlawful detainer on Thursday, March 12, rather than touching the locks.

The deposit accounting. At the end of a later tenancy in the same unit, the tenant surrenders possession and returns the keys on Friday, February 27, 2026, also the termination date, so the 60-day clock starts that day. Sixty calendar days after February 27 is Tuesday, April 28, 2026 — the deadline to mail refund and itemization to the tenant's written forwarding address. The itemization: deposit $1,250; less $180 cleaning beyond ordinary wear and $220 wall damage beyond ordinary wear — $180 + $220 = $400, each tied to dated photos; refund $1,250 − $400 = $850, mailed before April 28. Mail nothing by April 28 and § 35-9A-201(f) obliges payment of double the original deposit — 2 × $1,250 = $2,500. If the tenant never cashes the $850 check, the tenant forfeits it, after 90 days unclaimed. Every weekday was checked against the calendar; neither window contains a holiday that changes the count.

The Alabama compliance checklist

1. Cap security at one month's periodic rent; use a subsection (a) exception — pets, changes to the premises, increased liability risk — only when it genuinely applies, and document it.

2. Disclose manager and owner-or-agent names and business addresses in writing at or before move-in (§ 35-9A-202), and keep them current.

3. Write the lease to feed the notices: exact late-fee amount and trigger, breach-and-cure language, and the two-day entry procedure.

4. Photo-document the unit at move-in and move-out, and build the deposit itemization from those records early in the vacancy.

5. Calendar the deposit deadline from the later of termination and delivery of possession; mail refund plus itemization well inside 60 days.

6. Get the forwarding address in writing at move-out; if none is given, mail to the last known address or the property address — the deadline does not move.

7. Serve § 35-9A-421 notices with exact cure amounts or specifically described breaches, prove the receipt date, and count seven business days — not calendar days, and not 14 of anything.

8. Keep a cure log: no breach curable more than twice in 12 months without written consent; a repeat of a cured breach within six months is non-curable.

9. Give at least two days' notice before entry, use door posting when needed, and log every entry; enter without consent only on the § 35-9A-303(b) list.

10. After any habitability or code complaint, repair fast, document the response, and enforce only on independent grounds — never lock changes, utility shutoffs, or seizure in place of an unlawful detainer.

The bottom line

Alabama treats landlords well — if their paperwork is current. The cap limits collection, but the 60-day window gives time to account accurately; seven-business-day notices are among the fastest in the Southeast; rent control is preempted statewide; and the non-curable list plus the two-cure limit are decisive tools other URLTA states lack. The traps are stale information and loose counting: 35-day returns (60 since 2014), 14-day violation notices (seven business days since 2018), a phantom repair-and-deduct right (§ 35-9A-401 is a termination remedy), and deposit silence priced at double the original deposit. Serve on the business-day clock from a provable receipt date, mail the accounting in weeks, and let the court — never self-help — deliver possession. Note also the 2024 short-term-rental tax law (Act 2024-334) for short-term units; the 2026 HB80 and 2025 HB591 proposals never became law.

Frequently Asked Questions

How much security deposit can an Alabama landlord charge?

At most one month's periodic rent under § 35-9A-201(a). The only exceptions are additional amounts for pets, changes to the premises, or increased liability risks. Money held as security above the cap under another label is still measured against the cap. Check a planned deposit against Alabama's one-month cap with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.

How long does an Alabama landlord have to return a security deposit?

Sixty days after termination of the tenancy and delivery of possession — the later of the two events — under § 35-9A-201(b) and (c), with the refund due plus a written itemized list of amounts withheld. First class mail to the tenant's written forwarding address within the 60 days is sufficient compliance. Guides citing 35 days predate Act 2014-279.

What happens if an Alabama landlord misses the 60-day deposit deadline?

The landlord must pay the tenant double the tenant's original deposit under § 35-9A-201(f) — measured on the whole deposit, not just the amount withheld. A timely itemization, even a disputed one, is far cheaper than silence.

How much notice is required to evict for nonpayment of rent in Alabama?

A written § 35-9A-421(b) notice stating the rent and any late fees owed, giving seven business days after receipt to pay in full. Unremedied in that window, the agreement terminates on the date stated in the notice, and the next step is an unlawful detainer filing — not a lock change.

Can an Alabama tenant cure a lease violation, and how many times?

Usually yes, within the seven business days in the § 35-9A-421(a) notice — but no breach may be cured more than twice in any 12-month period without the landlord's express written consent (§ 35-9A-421(d)). Illegal-drug activity, illegal firearm use or discharge, criminal assault, repeating a cured breach within six months, and intentional material misrepresentation cannot be cured as of right.

Does Alabama have rent control?

No — and no Alabama city or county can create it. Section 11-80-8.1 prohibits local governments from enacting, maintaining, or enforcing any ordinance controlling the amount of rent on private property. Rent is set by the lease and the market, subject to the periodic-tenancy notice rules.

How much notice must an Alabama landlord give before entering a rental?

At least two days' notice, at reasonable times, under § 35-9A-303(c); posting a note with the time and purpose on the primary entry door is permitted. A repair request counts as consent for that work, an advance schedule over two days replaces repeat notices for routine services, and entry without consent is limited to the § 35-9A-303(b) list, such as emergencies and court orders.

Can an Alabama tenant repair and deduct the cost from rent?

No. The Act contains no repair-and-deduct remedy. Under § 35-9A-401, the tenant may give written notice and terminate if a material landlord noncompliance or habitability breach is not remedied within 14 days, and may recover actual damages and attorney's fees — but may not fix it and dock the rent while staying.

Read the rules yourself

• § 35-9A-141, Definitions — Justia (law.justia.com)
• § 35-9A-201, Security deposits; prepaid rent — Justia (law.justia.com)
• § 35-9A-204, Landlord to maintain premises — Justia (law.justia.com)
• § 35-9A-303, Access — Justia (law.justia.com)
• § 35-9A-401, Noncompliance by the landlord — Justia (law.justia.com)
• § 35-9A-421, Noncompliance with rental agreement; failure to pay rent — Justia (law.justia.com)
• § 35-9A-441, Periodic tenancy; holdover remedies — Justia (law.justia.com)
• § 35-9A-501, Retaliatory conduct prohibited — Justia (law.justia.com)
• § 6-6-332, Unlawful detainer process and service — Justia (law.justia.com)
• The Fair Housing Act — U.S. Department of Housing and Urban Development (hud.gov)

The Alabama Legislature's official Code site did not return a readable page from our network when this guide was verified, so the links above use the statutory text as republished by Justia. Verify any section against the official Code before filing.

More landlord-tenant law guides

• Landlord-tenant law by state
• Alabama security deposit law
• Wyoming landlord-tenant law
• Alaska landlord-tenant law
• Wisconsin landlord-tenant law
• Arizona landlord-tenant law

Own rentals in more than one state? Get the 50-State Landlord Law Dataset — security deposit rules, eviction timelines, and notice requirements for all 50 states in one spreadsheet.

Last verified: October 16, 2026. This is general information about Alabama landlord-tenant law, not legal advice. Statutory deadlines, notice periods, and remedies change by amendment and depend on your facts — verify yours against the current Code of Alabama sources above, or confirm with a licensed Alabama landlord-tenant attorney, before acting.