Alabama Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

One month's periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises, for which more may be taken (35-9A-201(a)). No interest or separate-account requirement found in 35-9A-201.

Return deadline days

60 days

Itemization required

Yes

Interest required

No interest or escrow requirement found in 35-9A-201.

Source: Ala. Code 35-9A-201(a)-(f)

Late fees

Rule

No statutory cap, grace period or limit on residential late fees found in the Alabama URLTA (35-9A); the only reference is 35-9A-421(b), which lets a nonpayment termination notice list 'late fees owed'. A late fee must come from the lease. Other Code titles were not searched.

Source: Ala. Code 35-9A-421(b) (no late-fee limit found in 35-9A)

Landlord entry

Notice

Landlord may enter at reasonable times after giving at least two days' notice of intent to enter (posting a note on the primary door stating the time and purpose is a permitted method), unless impracticable. No notice needed for emergencies, court order, or if tenant has been given a separate general notice/advance schedule of more than two days for repairs or services; entry also allowed with reasonable cause to believe the unit is abandoned or during tenant absence over 14 days (35-9A-303, 35-9A-423(b)).

Source: Ala. Code 35-9A-303(b)-(d)

Ending a month-to-month tenancy

Tenant

At least 30 days' written notice before the periodic rental date specified in the notice (35-9A-441(b)).

Landlord

Same: at least 30 days' written notice before the periodic rental date specified in the notice (35-9A-441(b)). For nonpayment the landlord may give a written notice with at least seven business days to pay (35-9A-421(b)).

Source: Ala. Code 35-9A-441(a),(b), 35-9A-421

Rent increases

Statewide rent control

No statewide rent control law found; counties and municipalities may not enact or enforce ordinances controlling the amount of rent charged for leasing private property (Ala. Code 11-80-8.1(b)). No statute in 35-9A requiring advance notice of a rent increase was found.

Source: Ala. Code 11-80-8.1; 35-9A-121 (no rent-increase notice provision found in 35-9A)

Repairs & habitability

Rule

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 electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities and appliances in good and safe working order, arrange trash removal and supply running water, reasonable hot water and reasonable heat (35-9A-204(a)). For a material breach affecting health and safety the tenant may give written notice that the lease ends no sooner than 14 days after receipt if not remedied (35-9A-401(a)); damages and injunction available (35-9A-401(b)). No repair-and-deduct remedy found; tenant may not withhold rent while in possession to enforce rights (35-9A-164).

Source: Ala. Code 35-9A-204, 35-9A-401, 35-9A-404, 35-9A-164

Retaliation

Rule

A landlord may not retaliate by discriminatorily increasing rent, decreasing services, or bringing or threatening an action for possession because the tenant complained to a code-enforcement agency, complained to the landlord of a 35-9A-204 violation, or joined a tenant organization. Tenant gets the 35-9A-407 remedies (up to 3 months' rent or actual damages, plus attorney's fees) and a defense to possession. Exceptions: tenant-caused code violation, rent default, code compliance requiring alteration/demolition, other material lease violations (35-9A-501(c)). No time-based presumption.

Source: Ala. Code 35-9A-501, 35-9A-407

Clauses often unenforceable in Alabama

• Waiver of the tenant's remedies under 35-9A-204, 35-9A-401, 35-9A-404, the chapter's security-deposit rules or unlawful-detainer law (35-9A-163(a)(1), (b))
• Confession-of-judgment clauses (35-9A-163(a)(2))
• Clauses making the tenant pay the landlord's attorney's fees and costs of collection (35-9A-163(a)(3))
• Clauses exculpating or limiting the landlord's liability or making the tenant indemnify the landlord for it (35-9A-163(a)(4)); knowingly enforcing one exposes the landlord to actual damages plus up to one month's rent and attorney's fees (35-9A-163(b))
• Security deposit above one month's rent except for pets, premises changes or increased liability risk (35-9A-201(a))
• Landlord lien on household goods and distraint for rent (35-9A-425)
• Self-help eviction or cutting off essential services to regain possession (35-9A-427)