Key Takeaways

  • Security deposit max: No statutory limit. Landlords may charge any amount..
  • Return deadline: 60 days after termination of tenancy and surrender of the premises (35 days if no deductions)..
  • Rent control: No.
  • Repair and deduct: Not allowed.
No statutory limit. Landlords may charge any amount. Security deposit maximum
60 days after termination of tenancy and surrender of the premises (35 days if no deductions). Deposit return deadline
No Statewide rent control
Required Judicial eviction

Security Deposits

  • Maximum amountNo statutory limit. Landlords may charge any amount.
  • Return deadline60 days after termination of tenancy and surrender of the premises (35 days if no deductions).

Landlord may deduct for unpaid rent and damages beyond normal wear and tear. Must provide an itemized list of deductions within 60 days.

Eviction Process

  • Notice requirements7-day notice for nonpayment of rent. 14-day notice for lease violations.
  • Judicial eviction requiredYes
  • Estimated timeline2 to 4 weeks for uncontested cases. Contested cases may take several months.

Rent Control

Alabama has no rent control laws. State law preempts local governments from enacting rent control ordinances.

Repair and Habitability

  • Repair and deductNot allowed
  • Rent withholdingNot allowed
  • Retaliation protectionNo

Lease Termination

  • Month-to-month notice30 days' written notice by either party.

Tenant may be liable for remaining rent on the lease. Landlord has a duty to mitigate damages by making reasonable efforts to re-rent. Military members may terminate under the federal SCRA.

Key Statutes

  • Alabama Uniform Residential Landlord and Tenant Act: Ala. Code §§ 35-9A-101 to 35-9A-603
  • Security Deposits: Ala. Code § 35-9A-201
  • Landlord Obligations: Ala. Code § 35-9A-204
  • Eviction Procedures: Ala. Code § 35-9A-421

When to Get Legal Help

  • You're facing eviction, especially with short notice
  • Your landlord is withholding a large security deposit
  • You believe you're being discriminated against
  • Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Alabama

Frequently Asked Questions

  • Is there a limit on security deposits in Alabama?

    No. Alabama law does not set a maximum amount for security deposits. Landlords may charge any amount they choose, though market norms typically range from one to two months' rent.

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

    A landlord must return the security deposit within 60 days after the tenancy ends and the tenant surrenders the premises. If there are no deductions, the deposit should be returned within 35 days.

  • Can a tenant withhold rent for repairs in Alabama?

    Alabama does not provide a statutory right to withhold rent or use repair-and-deduct remedies. If a landlord fails to maintain the premises, the tenant's primary remedy is to terminate the lease after giving 14 days' notice, or to pursue a court action.

  • Does Alabama have rent control?

    No. Alabama has no state or local rent control laws. State law preempts municipalities from enacting rent control ordinances, so landlords may raise rent by any amount with proper notice.

Sources