General info, not legal advice. Details

Alabama landlord-tenant law FAQ

Last reviewed 2026-11-12

54 answers to common Alabama landlord questions. Every answer is a verified fact with its official source and last-checked date.

How much can a landlord charge for a security deposit in Alabama?

No more than one month's rent, except additional deposits for pets, changes to the premises, or increased liability risks.

Verified Source: Ala. Code § 35-9A-201(a) · last checked 2026-10-23 · Full security deposit limit page

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

Refund or itemized list of deductions within 60 days after the tenancy ends and possession is delivered; if late, the landlord owes double the original deposit.

Verified Source: Ala. Code § 35-9A-201(b), (c), (f) · last checked 2026-10-23 · Full deposit return deadline page

How much notice does a landlord have to give before entering a rental in Alabama?

At least 2 days' notice of intent to enter, at reasonable times (posting a note on the main door counts), except emergencies, court orders, abandonment, or tenant-requested repairs.

Verified Source: Ala. Code § 35-9A-303 · last checked 2026-10-23 · Full notice to enter page

How much notice does a landlord need to give to raise the rent in Alabama?

Alabama's landlord-tenant act (Ala. Code ch. 35-9A, full-text search of the act) sets no notice period for rent increases. The lease controls, and a month-to-month tenancy can be ended on 30 days' notice (§ 35-9A-441).

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-441), §§ 35-9A-101 to 35-9A-603 (full-text search of the act) · last checked 2026-10-23 · Full rent increase notice page

Can a landlord charge a late fee in Alabama, and how much?

Alabama's landlord-tenant act (full-text search of the act) sets no late-fee cap. Late fees are mentioned only as an amount a nonpayment notice may list (§ 35-9A-421(b)); the lease controls.

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-421), §§ 35-9A-101 to 35-9A-603 (full-text search of the act) · last checked 2026-10-23 · Full late fees page

What notice does a landlord have to give before evicting for unpaid rent in Alabama?

Written notice stating the rent and late fees owed; the lease terminates if not paid within 7 business days after the tenant receives the notice.

Verified Source: Ala. Code § 35-9A-421(b) · last checked 2026-10-23 · Full eviction notice (nonpayment) page

Can cities in Alabama pass rent control?

Yes. Alabama law bars local governments from enacting, keeping or enforcing any ordinance, resolution or rule that would control the rent charged for leasing private property.

Verified Source: Ala. Code § 11-80-8.1(b) · last checked 2026-10-23 · Full rent control / state preemption page

How much notice is needed to end a month-to-month tenancy in Alabama?

Either party may end a month-to-month tenancy with written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week).

Verified Source: Ala. Code § 35-9A-441(a)–(b) · last checked 2026-10-23 · Full ending a month-to-month tenancy page

Does a landlord have to pay interest on a security deposit in Alabama?

Alabama's landlord-tenant act does not require interest on security deposits (full-text search of the act; § 35-9A-201 governs deposits).

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-201), §§ 35-9A-101 to 35-9A-603 (full-text search of the act) · last checked 2026-10-23 · Full interest on deposits page

Is a move-in or move-out inspection checklist required in Alabama?

Alabama's landlord-tenant act requires no move-in inspection or condition checklist (full-text search of the act). Its only inspection rule is the landlord's right of access (§ 35-9A-303).

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-303), §§ 35-9A-101 to 35-9A-603 (full-text search of the act) · last checked 2026-10-23 · Full move-in/move-out checklist page

Is landlord retaliation illegal in Alabama?

Yes. A landlord may not discriminatorily raise rent, cut services, or bring or threaten an eviction because the tenant complained to a code agency or to the landlord about maintenance violations, or joined a tenants' union. Retaliation is a defense to eviction.

Verified Source: Ala. Code § 35-9A-501 · last checked 2026-10-23 · Full retaliation protections page

Can a landlord change the locks or shut off utilities in Alabama?

Unlawful removal or exclusion, or willful interruption of heat, water, hot water, electricity, gas or other essential services, lets the tenant recover possession or terminate, plus up to 3 months' rent or actual damages (whichever is greater) and attorney's fees.

Verified Source: Ala. Code § 35-9A-407 · last checked 2026-10-23 · Full lockouts and utility shutoffs page

What can a tenant do if the landlord won't make repairs in Alabama?

For material noncompliance with the lease, or noncompliance with § 35-9A-204 materially affecting health and safety, the tenant may give written notice that the lease ends on a date at least 14 days after receipt unless the breach is remedied first. The tenant may also recover actual damages and reasonable attorney fees, and on termination the landlord must return recoverable security and unearned prepaid rent.

Verified Source: Ala. Code § 35-9A-401 · last checked 2026-10-23 · Full repairs and habitability remedies page

What disclosures must a landlord give tenants in Alabama?

At or before the start of the tenancy, the landlord must disclose in writing the name and business address of the manager and of the owner (or the owner's agent for service and notices).

Verified Source: Ala. Code § 35-9A-202 · last checked 2026-10-23 · Full required lease disclosures page

What can a landlord do with property a tenant leaves behind in Alabama?

If a tenant leaves property in the unit more than 14 days after termination, the landlord has no duty to store it and may dispose of it. A unit is also considered abandoned if electric service has been off for 7 consecutive days.

Verified Source: Ala. Code § 35-9A-423(d)–(e) · last checked 2026-10-23 · Full abandoned property page

Can a tenant break a lease early for domestic violence or military service in Alabama?

Alabama's landlord-tenant act contains no military or domestic-violence early-termination right (full-text search of the act). The federal SCRA still applies to servicemembers.

Verified Source: Ala. Code ch. 35-9A, §§ 35-9A-101 to 35-9A-603 (full-text search of the act); see Ala. Code § 35-9A-423 · last checked 2026-10-23 · Full early termination (dv/military) page

Is there a grace period before a late fee can be charged in Alabama?

Alabama's landlord-tenant act sets no late-fee grace period or cap (full-text search of the act). Late fees appear only in the 7-business-day nonpayment notice (§ 35-9A-421(b)).

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-421), §§ 35-9A-101 to 35-9A-603 (full-text search of the act) · last checked 2026-10-23 · Full late fee grace period page

What happens if a tenant stays after the lease ends in Alabama?

If a tenant stays after the lease ends or is terminated without the landlord's consent, the landlord may sue for possession. If the holdover is willful and not in good faith, the landlord may also recover up to 3 months' periodic rent or actual damages, whichever is greater, plus reasonable attorney's fees.

Verified Source: Ala. Code § 35-9A-441(c) · last checked 2026-10-23 · Full holdover tenants page

Can a tenant withhold rent for repairs in Alabama?

Not allowed. A tenant may not withhold rent from the landlord while in possession to enforce any right under the landlord-tenant act. Alabama has no rent-escrow procedure in the act.

Verified Source: Ala. Code § 35-9A-164 · last checked 2026-10-23 · Full rent withholding / escrow page

What is the right to cure / redeem rule in Alabama?

Yes, limited. For nonpayment, the tenant can pay the rent and late fees named in the notice within 7 business days. Other remediable breaches can be cured within 7 business days of the notice. A tenant may not cure more than twice in 12 months without the landlord's written consent, and some acts (e.g., illegal drugs, illegal firearm use on the premises) are non-curable defaults ended on 7 days' notice.

Verified Source: Ala. Code § 35-9A-421(a), (b), (d) · last checked 2026-10-23 · Full right to cure / redeem page

What is the eviction notices for other grounds (lease violation, no-fault) rule in Alabama?

For a material lease violation (or a health-and-safety violation of § 35-9A-301), the landlord gives written notice that the lease ends at least 7 business days after receipt unless the breach is remedied. An intentional misrepresentation in the lease or application cannot be cured. Listed non-curable defaults, such as illegal drug or firearm activity, allow termination on 7 days' notice.

Verified Source: Ala. Code § 35-9A-421(a), (d) · last checked 2026-10-23 · Full eviction notices for other grounds (lease violation, no-fault) page

How does the eviction court process work in Alabama?

Evictions are filed in district or circuit court in the county where the property is located and get scheduling priority over other civil cases. If personal service fails, the notice can be posted on the door and mailed. Either party may appeal a district court judgment to circuit court within 7 days, and the appeal is set for trial within 60 days. A tenant who appeals must pay rent into court to stay the writ. After judgment, the writ of possession is automatically stayed for 7 days.

Verified Source: Ala. Code § 35-9A-461 · last checked 2026-10-23 · Full eviction court process & timeline page

What is the pet deposits/fees & service/esa animals rule in Alabama?

A landlord may charge a security deposit above the one-month limit for pets (also for changes to the premises or increased liability risks). The act sets no cap on that extra pet deposit.

Verified Source: Ala. Code § 35-9A-201(a) · last checked 2026-10-23 · Full pet deposits/fees & service/esa animals page

What is the rent receipts, payment methods & cash rule in Alabama?

Unless the lease says otherwise, rent is due without demand at the dwelling unit, at the start of each term of one month or less, and otherwise in equal monthly installments at the start of each month. The act sets no rule on payment methods.

Verified Source: Ala. Code § 35-9A-161(c) · last checked 2026-10-23 · Full rent receipts, payment methods & cash page

Can a tenant fix something and deduct it from rent in Alabama?

No. Alabama's landlord-tenant act (full-text search of the act) gives tenants no repair-and-deduct remedy. For serious defects the tenant may give 14 days' notice to terminate (§ 35-9A-401) or use the essential-services remedies (§ 35-9A-404), and may not withhold rent while in possession (§ 35-9A-164).

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-164, § 35-9A-404), §§ 35-9A-101 to 35-9A-603 (full-text search of the act) · last checked 2026-10-23 · Full repair and deduct page

Can a tenant sublet an apartment in Alabama?

Alabama's landlord-tenant act (full-text search of the act) has no rule on subletting or assignment. The lease controls.

Verified Source: Ala. Code ch. 35-9A, §§ 35-9A-101 to 35-9A-603 (full-text search of the act); see Ala. Code § 35-9A-161 · last checked 2026-10-23 · Full subletting & assignment page

What is the deposit bank holding / separate account rule in Alabama?

Alabama's landlord-tenant act (full-text search of the act) does not require deposits to be held in a separate, trust or interest-bearing account. § 35-9A-201 sets only the limit, the return deadline and the penalty.

Verified Source: Ala. Code ch. 35-9A (incl. § 35-9A-201), §§ 35-9A-101 to 35-9A-603 (full-text search of the act) · last checked 2026-10-23 · Full deposit bank holding / separate account page

What is the military lease termination (federal scra, all states) rule in Alabama?

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-23 · Full military lease termination (federal scra, all states) page

What is the guest & occupancy limits rule in Alabama?

The state landlord-tenant statute (Ala. Code ch. 35-9A (Alabama Uniform Residential Landlord and Tenant Act), §§ 35-9A-101 to 35-9A-603, reviewed by full-text search on 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply.

Verified Source: Ala. Code ch. 35-9A (Alabama Uniform Residential Landlord and Tenant Act), §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-161 · last checked 2026-10-23 · Full guest & occupancy limits page

Can a landlord deny a tenant for criminal or credit history in Alabama?

Alabama's Uniform Residential Landlord and Tenant Act (Ala. Code ch. 35-9A, §§ 35-9A-101 to 35-9A-603, reviewed by full-text search on 2026-10-16) sets no rules on screening applicants' criminal or credit history; federal fair-housing and FCRA rules still apply.

Verified Source: Ala. Code ch. 35-9A (§§ 35-9A-101 to 35-9A-603); see Ala. Code § 35-9A-161 · last checked 2026-10-23 · Full criminal & credit history rules page

What federal protections does a tenant have after foreclosure in Alabama?

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Verified Source: Protecting Tenants at Foreclosure Act of 2009, Pub. L. 111-22, div. A, title VII, SEC. 702 (12 U.S.C. 5220 note), as amended by Pub. L. 111-203, SEC. 1484, and restored by Pub. L. 115-174, SEC. 304 (federal law, all states) · last checked 2026-10-23 · Full tenant rights after foreclosure (federal ptfa, all states) page

What is the warranty of habitability in Alabama?

The landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to keep the premises habitable, keep common areas clean and safe, keep supplied electrical, plumbing, heating, air-conditioning and other facilities in good working order, and supply running water, reasonable hot water and reasonable heat (Ala. Code § 35-9A-204(a)).

Verified Source: Ala. Code § 35-9A-204(a) · last checked 2026-10-23 · Full habitability / warranty of habitability page

What disclosures must a landlord give in Alabama?

At or before the start of the tenancy, the landlord must 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 receive service of process and notices for the owner, and keep it current (Ala. Code § 35-9A-202).

Verified Source: Ala. Code § 35-9A-202 · last checked 2026-10-23 · Full required disclosures (mold, lead, radon, bedbug, asbestos, flood zone) page

Does a landlord have to give notice before not renewing a lease in Alabama?

The act requires written notice to end a periodic tenancy: at least 7 days for a week-to-week tenancy and at least 30 days before the periodic rental date for a month-to-month tenancy (Ala. Code § 35-9A-441(a), (b)). A tenant who holds over willfully after the lease ends can owe up to three months' rent or actual damages, whichever is greater (§ 35-9A-441(c)).

Verified Source: Ala. Code § 35-9A-441 · last checked 2026-10-23 · Full lease renewal / non-renewal notice page

How much does it cost to file an eviction in Alabama?

Eviction cases are filed in district court and pay the civil filing fee set by the amount claimed: $35 on the small claims docket for $1,500 or less, $109 for over $1,500 up to $3,000, and $198 for over $3,000 up to $20,000, plus $50 per additional plaintiff (Ala. Code § 12-19-71(a)(1)-(3), (11)). Local acts may add fees.

Verified Source: Ala. Code § 12-19-71(a) · last checked 2026-10-23 · Full eviction filing fees page

What is the property manager licensing rule in Alabama?

Anyone who, for a fee, rents or leases, or offers or negotiates to rent or lease, Alabama real estate for another must hold a real estate license (Ala. Code § 34-27-30). An owner managing their own property, or that of a spouse, child or parent, is exempt (§ 34-27-2(b)(1)).

Verified Source: Ala. Code §§ 34-27-30, 34-27-2(b)(1) · last checked 2026-10-23 · Full property manager licensing page

What is the rental / transient occupancy tax rule in Alabama?

Alabama imposes a state lodgings tax on rooms and other accommodations rented to transients: 5% in the 16 mountain lakes counties and 4% in every other county, not applied to stays of 180 continuous days or more (Ala. Code § 40-26-1(a), (b)). Local lodging taxes may also apply.

Verified Source: Ala. Code § 40-26-1 · last checked 2026-10-23 · Full rental / transient occupancy tax page

Does Alabama have rent control?

No state statute limiting rent amounts was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code § 11-80-8.1 (local rent control ban; official text capture raw/b1022/AL_11-80-8.1.txt); Ala. Code ch. 35-9A (full-text search of the act); see Ala. Code § 35-9A-161 · last checked 2026-10-23 · Full rent control / stabilization page

Does a landlord have to provide smoke and carbon monoxide detectors in Alabama?

No state statute requiring smoke or carbon monoxide detectors was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search. Scope: Title 35 only; other titles, fire codes and local building codes were not searched. The act requires compliance with applicable building and housing codes (§ 35-9A-204(a)(1)).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full smoke & co detectors page

How much can a landlord charge for a rental application fee in Alabama?

No state statute limiting rental application fees was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full application fees & screening page

Can a landlord refuse Section 8 or other source of income in Alabama?

No state statute barring source-of-income discrimination was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full source of income discrimination page

What is the tenant buyout disclosures rule in Alabama?

No state statute on tenant buyout agreements was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full tenant buyout disclosures page

What is the domestic violence early termination rule in Alabama?

No state statute letting domestic violence victims end a lease early was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full domestic violence early termination page

What is the scra / military lease termination rule in Alabama?

No state statute giving servicemembers a state right to end a lease was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full scra / military lease termination page

What happens to the lease when a tenant dies in Alabama?

No state statute ending a lease on a tenant's death was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full death of a tenant page

What is the eviction record sealing rule in Alabama?

No state statute sealing eviction records was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full eviction record sealing page

Does a landlord need just cause to evict in Alabama?

No state statute requiring just cause to end a tenancy was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full just-cause eviction page

What is the tenant relocation assistance rule in Alabama?

No state statute requiring relocation assistance was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full tenant relocation assistance page

What rights does a tenant have after foreclosure in Alabama?

No state statute protecting tenants after foreclosure was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full foreclosure tenant protections page

Do landlords need a rental license or registration in Alabama?

No state statute requiring rental registration was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full rental licensing / registration page

Can the city inspect my rental property in Alabama?

No state statute requiring rental inspections was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full rental inspections page

What are the Airbnb / short-term rental rules in Alabama?

No state statute regulating short-term rentals was found in the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 to 35-9A-603), reviewed by full-text search (all 48 sections).

Verified Source: Ala. Code §§ 35-9A-101 to 35-9A-603; see Ala. Code § 35-9A-121 · last checked 2026-10-23 · Full short-term rentals (airbnb) page

What is the condo conversion protections rule in Alabama?

Under Ala. Code § 35-8A-412, a declarant of a condominium that contains conversion buildings, and any person in the business of selling real estate for his or her own account who intends to offer units in that condominium, must give each residential tenant and any residential subtenant in possession notice of the conversion no later than 60 days before those persons are required to vacate. A conversion building is a building that, at any time before creation of the condominium, was occupied wholly or partly by persons other than purchasers and persons who occupy with the purchasers' consent. The notice must set forth generally the rights of tenants and subtenants under § 35-8A-412 and must be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate on less than 60 days' notice, except for nonpayment of rent, waste, or conduct that disturbs other tenants' peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period. Failure to give the required notice is a defense to an action for possession. If a notice of conversion specifies a date by which a unit or proposed unit must be vacated and otherwise complies with Chapter 9A, it also constitutes a notice to terminate under that chapter. Nothing in § 35-8A-412 permits termination of a lease by a declarant in violation of the lease terms. Section 35-8A-406 requires extra statements in the offering statement for a conversion building. That is a purchaser-disclosure rule and is not a tenant purchase right; it is not summarized here as a tenant protection. Example: a residential tenant still in possession cannot be required to leave on 30 days' notice solely because of the conversion. The declarant must give at least 60 days' notice, unless the tenant has failed to pay rent, committed waste, or engaged in conduct that disturbs other tenants' peaceful enjoyment of the premises.

Verified Source: Ala. Code §§ 35-8A-103(8), 35-8A-406, 35-8A-412 · last checked 2026-11-12 · Full condo conversion protections page

What is the manufactured / mobile home parks rule in Alabama?

Ala. Code §§ 35-12A-1 to 35-12A-15 set a procedure under which a manufactured dwelling community owner may sell an abandoned manufactured dwelling that is on property the community owner owns or leases, and may do so only in the manner provided by that chapter. A manufactured dwelling is a residential trailer, mobile home, or manufactured home. A manufactured dwelling community owner is any individual or business entity that, for consideration, allows another individual to place a residential trailer, mobile home, or manufactured dwelling on land owned or leased by that individual or business entity. A tenant, for this chapter, is an individual or business entity that enters into a rental agreement with a community owner for placement of a manufactured home on the community owner's property and that leases or owns the manufactured home. A manufactured dwelling is abandoned if the tenant is absent from the premises following expiration of 30 days after default, termination, or expiration of the lease agreement, or is absent continuously for 30 days after service of a court order requiring the tenant to vacate because of failure to perform lease obligations. Before selling the tenant's manufactured dwelling under the chapter, the community owner must give written notice to the tenant by personal delivery, by certified mail to the last known mailing address known to the community owner, or by affixing a notice on the doors of the dwelling, and must also give a copy of the notice described in § 35-12A-5 by certified or registered mail verified by return receipt to any lienholder of the dwelling as shown on the records of the office of the judge of probate in the county where the dwelling is located, the Alabama Department of Revenue, or the Secretary of State. The notice must state that the dwelling, with a reasonably certain description, is left on the premises and is considered abandoned and that the tenant is indebted for rental fees; that the tenant or lienholder shall contact the community owner within 30 days of receipt of the notice, as provided in § 35-12A-6, to arrange for removal; that the dwelling is stored on the rented space and applicable storage fees are being assessed; that the tenant or any lienholder may arrange for removal by contacting the community owner at a described telephone number or address on or before the specified date; that the community owner shall make the dwelling available for removal by appointment at reasonable times; and that if the tenant or owner fails to contact the community owner in writing by the date specified and the dwelling is not subject to a lien that has priority over any lien of the community owner, the community owner may sell the dwelling as provided in § 35-12A-8, or, if the dwelling is subject to a priority lien, that § 35-12A-13 is the community owner's sole remedy as to the lienholder. After notifying the tenant and lienholder, the community owner must store the abandoned dwelling on the rented space and store all other abandoned personal property of the tenant, including goods left inside the dwelling or left on the rented space outside it, in a place of safekeeping and exercise reasonable care for that personal property. For this chapter, personal property does not include a manufactured dwelling. The community owner is entitled to reasonable or actual storage charges and costs incidental to storage or disposal, including any cost of removal to a place of storage, after the expiration of the date by which a tenant, lienholder, or owner is to contact the community owner. If the tenant responds by written notice on or before the specified date that the tenant intends to remove the dwelling, the community owner must make it available for removal by appointment at reasonable times during the next 45 days, provided the tenant has paid all applicable charges and costs. If the dwelling is not removed, the community owner may proceed with sale under § 35-12A-8. If the tenant does not respond within the time provided, or does not remove the dwelling or personal property within 45 days after responding or by any later date agreed with the community owner, the community owner may sell the abandoned dwelling and personal property as provided in § 35-12A-8. Before selling the dwelling, the community owner must place a notice to be run once per week for two consecutive weeks in a newspaper of general circulation in the county, with the contents required by § 35-12A-8, and no later than 30 days before the sale date must provide a copy of that notice to any lienholder by certified or registered mail verified by return receipt. Personal property must be held for 45 days after mailing or delivering notice to the tenant or the tenant's designated agent at the last known address before it is sold. A public or private sale authorized by the chapter must be commercially reasonable. From the proceeds, the community owner may deduct the reasonable or actual cost of notice, storage, and sale; unpaid rental fees only to the extent the community owner's lien has priority over the lien of any applicable lienholder; and reasonable attorneys' fees and costs. The community owner shall then remit to the county tax collecting official any property taxes or other fees due, then remit remaining proceeds to the lienholders to the extent of any unpaid balance on any liens, and then remit any remainder to the tenant or owner together with an itemized accounting. If the tenant or owner cannot be found after due diligence, the remaining proceeds may be interpleaded in a court with jurisdiction or held and deposited in accordance with Article 2A of Chapter 12. Compliance in good faith with the chapter is a complete defense in an action brought by a tenant or lienholder against the community owner for loss or damage to a manufactured dwelling or personal property sold under the chapter. If a lienholder makes a timely response to the notice of abandoned manufactured dwelling under § 35-12A-4 and so requests, the community owner shall not sell the dwelling for a period of 12 months. During that period, or until the dwelling is removed, the lienholder must make timely periodic payments of all reasonable and actual storage or rental fees that accrue after the expiration of the 30-day notice period and that shall be no greater than the monthly space rent last payable by the tenant. The lienholder has the right to remove or sell the dwelling under any agreement with the owner of the dwelling or as otherwise allowed by law. If the lienholder fails to respond within 45 days of receipt, or after making a response fails after 10 days' written notice from the community owner to make timely payments, the community owner may sell the dwelling under § 35-12A-8. The provisions of § 35-12A-13 may be changed by an agreement signed by the community owner and the lienholder. Section 35-12A-9 was repealed by Act 2014-167, § 2, effective June 1, 2014. Section 35-12A-14 addresses abandonment of a dwelling on the death of a tenant, including an agreement with a representative or other person who pays storage charges and maintains the property. If an abandoned manufactured dwelling is owned by someone other than the tenant, the chapter's provisions on the rights and responsibilities of a tenant apply to that owner only as to the manufactured dwelling and not as to goods left inside or outside it. Separately, the Alabama Uniform Residential Landlord and Tenant Act, Ala. Code § 35-9A-141, defines a dwelling unit as a structure or the part of a structure, including a manufactured home, that is rented as a home, residence, or sleeping place by one or more persons. Under § 35-9A-121, that chapter is the exclusive remedy for a rental agreement for a dwelling unit located in Alabama and preempts county or municipal residential landlord ordinances, while still allowing building codes, health codes, and other general laws that affect rental property if those codes equally affect similarly situated owner-occupied residential property. Section 35-9A-122 lists arrangements that are not governed by that chapter; manufactured dwelling communities and lot-only placements are not named in that list. This answer treats chapter 35-9A as applying when a manufactured home itself is rented as a dwelling unit, and treats chapter 35-12A as the community-owner sale procedure when a manufactured dwelling is placed on community land under a placement rental agreement. It does not treat other Alabama titles or local park rules.

Verified Source: Ala. Code §§ 35-12A-1 to 35-12A-15 (35-12A-1, 35-12A-2, 35-12A-3, 35-12A-4, 35-12A-5, 35-12A-6, 35-12A-7, 35-12A-8, 35-12A-9, 35-12A-10, 35-12A-11, 35-12A-12, 35-12A-13, 35-12A-14, 35-12A-15), 35-9A-121, 35-9A-122, 35-9A-141 · last checked 2026-11-12 · Full manufactured / mobile home parks page

Alabama cities with their own rules

All Alabama landlord-tenant law

Get alerts when Alabama's landlord laws change

A short email when a rule on this site changes. Free, unsubscribe anytime.