Renting in Alabama
Your rights as a tenant in Alabama
In Alabama, the security deposit can be up to 1 month of rent. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Alabama
- Maximum deposit
- Up to 1 month of rent
- Ala. Code §35-9A-201(a)
- To return your deposit
- 60 calendar days
- Ala. Code §35-9A-201(b)-(c)
- Notice for late rent
- 7 business days
- Ala. Code §35-9A-421(b)
What the law says
The rules, one by one
The basic rules for renting in Alabama, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Up to 1 month of rent
In Alabama, a landlord cannot ask for or accept a security deposit of more than one month's rent. The law allows more for pets, changes to the home, or increased liability risk to the landlord or the property.
What the law says · Ala. Code §35-9A-201(a)
“A landlord may not demand or receive money as security, in an amount in excess of one month’s periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises, for tenant’s obligations under a rental agreement.”
Source: Alabama Legislature – Code of Alabama 1975 · Verified on October 24, 2026
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When must they return my deposit?
60 calendar days
After the tenancy ends and you give back the home, the landlord has 60 days to give you what is owed from the deposit. The landlord may deduct unpaid rent and damages from not keeping up the home as the law requires. If the full deposit is not refunded, the landlord must give you a list of what was kept within those 60 days.
What the law says · Ala. Code §35-9A-201(b)-(c)
“(b) Upon termination of the tenancy, money held by the landlord as security may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with Section 35-9A-301 all as itemized by the landlord in a written notice delivered to the tenant together with the amount due 60 days after termination of the tenancy and delivery of possession. (c) If the landlord does not refund the entire deposit, the landlord, within the 60-day period, shall provide the tenant an itemized list of amounts withheld.”
Source: Alabama Legislature – Code of Alabama 1975 · Verified on October 24, 2026
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If I fall behind on rent, what notice must I get?
7 business days
If you don't pay rent on time, the landlord can give you a written notice to end the rental agreement. The notice states how much rent and late fees you owe. If you don't pay within 7 business days after you receive it, the rental agreement ends.
What the law says · Ala. Code §35-9A-421(b)
“If rent is unpaid when due, the landlord may deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed to remedy the breach and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice. If the breach is not remedied within the seven business days, the rental agreement shall terminate.”
Source: Alabama Legislature – Code of Alabama 1975 · Verified on October 24, 2026
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How much notice ends a month-to-month rental?
30 calendar days
To end a month-to-month rental in Alabama, the landlord or the tenant must give written notice at least 30 days before the rent due date named in the notice.
What the law says · Ala. Code §35-9A-441(b)
“The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days before the periodic rental date specified in the notice.”
Source: Alabama Legislature – Code of Alabama 1975 · Verified on October 24, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
The landlord cannot take back your home on their own. The landlord also cannot cut off heat, water, hot water, electricity, gas or another essential service to take it back. The landlord can only take it back if you abandoned or surrendered it, or as this law allows.
What the law says · Ala. Code §35-9A-427
“A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this chapter.”
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Protection from retaliation
Yes: state law says so
The landlord cannot raise your rent in a discriminatory way, cut services, or sue or threaten to sue for possession to punish you. The law protects you if you complained to the government agency that enforces housing codes about a health or safety problem, complained to the landlord about the upkeep the landlord owes, or organized or joined a tenants' group.
What the law says · Ala. Code §35-9A-501(a)
“(a) Except as provided in this section, a landlord may not retaliate by discriminatorily increasing rent or decreasing services or by bringing or threatening to bring an action for possession because: (1) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; (2) the tenant has complained to the landlord of a violation under Section 35-9A-204; or (3) the tenant has organized or become a member of a tenant’s union or similar organization.”
Eviction
How an eviction works in Alabama
Step by step, with the time periods the law sets. No landlord can skip the court.
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7-business-day notice to pay rent
at least 7 business days
What the law says · Ala. Code §35-9A-421(b)
“the rental agreement will terminate upon a date not less than seven business days after receipt of the notice”
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Landlord files the eviction complaint
What the law says · Ala. Code §35-9A-461(b)
“District courts and circuit courts, according to their respective established jurisdictions, shall have jurisdiction over eviction actions, and venue shall lie in the county in which the leased property is located.”
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Service of the summons and complaint
What the law says · Ala. Code §35-9A-461(c)
“if a sheriff, constable, or process server is unable to serve the defendant personally, service may be had by delivering the notice to any person who is sui juris residing on the premises, or if after reasonable effort no person is found residing on the premises, by posting a copy of the notice on the door of the premises”
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Your written answer to the court
up to 7 calendar days
What the law says · Ala. R. Civ. P. 12(dc)
“in which actions a defendant shall serve an answer within seven (7) calendar days after service of the summons and complaint”
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Notice of trial
What the law says
“If you file an answer, a notice of trial will be mailed to you; otherwise, a judgment may be entered against you.”
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Judgment
What the law says · Ala. Code §35-9A-461(e)
“If an eviction judgment enters in favor of a landlord, a writ of possession shall issue upon application by the landlord.”
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Appeal to circuit court
up to 7 calendar days
What the law says · Ala. Code §35-9A-461(d)
“any party may appeal from an eviction judgment entered by a district court to the circuit court at any time within seven days after the entry thereof”
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Writ of possession issues
at least 7 calendar days
What the law says · Ala. Code §35-9A-461(e)
“Notwithstanding Rule 62 of the Alabama Rules of Civil Procedure, the automatic stay on the issuance of the writ of possession or restitution shall be for a period of seven days.”
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Sheriff or constable executes the writ
What the law says · Ala. Code §6-6-337(a)
“he must issue a writ of execution commanding the sheriff or the constable to restore the plaintiff to possession or place him in possession of his lands and tenements according to complaint”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Rents and rental help in Alabama- Legal Services Alabama (free civil legal aid)legalservicesalabama.org
- Alabama Legal Help (legal information and forms from Legal Services Alabama)alabamalegalhelp.org
- Alabama Access to Justice Commissionalabamaatj.org
- Alabama courts civil forms (includes eviction and appeal)eforms.alacourt.gov
- Recognized Organizations and Accredited Representatives Roster (EOIR, DOJ)justice.gov
Frequently asked questions
How much can a landlord charge for a deposit in Alabama?
In Alabama, a landlord cannot ask for or accept a security deposit of more than one month's rent. The law allows more for pets, changes to the home, or increased liability risk to the landlord or the property. (Ala. Code §35-9A-201(a))
When must a deposit be returned in Alabama?
After the tenancy ends and you give back the home, the landlord has 60 days to give you what is owed from the deposit. The landlord may deduct unpaid rent and damages from not keeping up the home as the law requires. If the full deposit is not refunded, the landlord must give you a list of what was kept within those 60 days. (Ala. Code §35-9A-201(b)-(c))
What notice is required for late rent in Alabama?
If you don't pay rent on time, the landlord can give you a written notice to end the rental agreement. The notice states how much rent and late fees you owe. If you don't pay within 7 business days after you receive it, the rental agreement ends. (Ala. Code §35-9A-421(b))
How much notice ends a month-to-month rental in Alabama?
To end a month-to-month rental in Alabama, the landlord or the tenant must give written notice at least 30 days before the rent due date named in the notice. (Ala. Code §35-9A-441(b))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these Alabama rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- Are there limits on late fees? Not verified yet
- How much notice before a rent increase? Not verified yet
- Protection related to immigration status Not verified yet
- Repair and deduct from the rent Not verified yet