Regarding the Landlord
The landlord must disclose the name of both the owner and manager and ensure that the rental dwelling complies with codes regarding health or safety, supply running water and reasonable amounts of hot water, as well as provide a source of heating. The landlord must maintain receptacles for garbage removal and make repairs to keep the property habitable. If the landlord fails to maintain the dwelling in a habitable condition, the tenant may provide written notice of intent to terminate the rental agreement upon a date not less than 14 days after the landlord’s receipt of the notice. If the landlord makes the necessary repairs within that time, the rental agreement continues to be enforceable.
Landlord must keep all common areas in a clean and safe condition and the landlord may not retaliate against the tenant by threatening eviction etc.
Regarding the Lease
The lease agreement may not limit the landlord’s liability arising under law or require the tenant to indemnify the landlord for that liability and it may not waive or forego tenant’s rights or remedies regarding habitability of the premises or security deposits.
The lease must limit security deposits to no more than one month’s rent and this money may be applied to the payment of accrued rent and the damages, but the landlord must provide the tenant with an itemized list of amounts withheld. If the landlord fails to mail a timely refund or accounting within 35 days.
Regarding the Tenant
Tenant may not withhold payment of rent in order to enforce any provisions of the law. If the rent is unpaid when due and the tenant fails to pay within seven days after receipt of written notice to terminate the lease for nonpayment, the landlord may terminate the rental agreement after the expiration of the seven days, but the landlord may not self-help evict. Landlord may not reduce services or access until there is a sheriff set out.
The tenant must dispose of ashes, garbage and other rubbish and keep all plumbing fixtures clear and use fixtures such as heating and cooling in a reasonable manner. The tenant must avoid disturbing their neighbors and must allow access to the landlord.
Regarding Eviction
Upon a breach of the lease such as failure to pay rent, the landlord must give at least seven days’ written notice of an intent to evict for non-payment and give fourteen days’ notice for other reasons). If the tenant has not complied within the specified time, the landlord may then file an action for eviction with the district court. Upon formal notice (this can be simply mailing the notice and posting it in the door) of this filing, the tenant has seven days to file an answer to the court. If the tenant does not answer the court is likely to rule against the tenant in default. Once a ruling has been handed down by the court, any appeal must be filed within seven days. After no less than seven days, the sheriff will provide notice of intent to “set out” the occupants and their personal property.
If your business is on the lease you may not file the eviction yourself; a business must be represented by an Alabama attorney to file eviction. If you are personally on the lease as the landlord, you may file the eviction yourself, but of course it is recommended that you hire a professional. There is more detailed eviction information at www.Alabama-Evictions.Com. The code is here: Alabama Code Title 35, Chapter 9A (2022).
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