Are you in search of a proper channel for finalizing a deal with your landlord in Alabama? Worry not, as we provide our users with an up-to-date, formatted rental lease agreement template to utilize under such circumstances. Understanding complicated legal requirements should not be your responsibility, so we have the template reviewed by legal professionals, very reliable.
Are you looking for a rental property in the state of Alabama? Do you want to know what is included in the Alabama rental lease agreement? If yes, you have landed the right page.
For renters and property owners, it is vitally important to know what the Alabama residential lease agreement includes. Scroll down to know what is Alabama lease agreement and what are the landlord and tenant laws in Alabama to lease a residential property.
Key elements in an Alabama Rental Lease Agreement:
Security Deposit Limit and Return Policy
Landlord Property Access and Right to Withhold Rent
Disclosures and Lawsuits
What Is Alabama Lease Agreement?
The Alabama lease agreement is used as a legal contract that is binding between tenant and landlord. This legal contract ensures that the tenant will timely pay monthly rent in exchange for access to rental property.
Rental agreement Alabama outlines legal terms and conditions regarding the use of the rental property. Both landlords and tenants can use this agreement as legal justification in case any rental-related issue occurs.
Usually, the Alabama lease contract is a 1-year (12-month) fixed lease between both parties. This type of agreement guarantees the rental property to a tenant for the entire one year period as long as rent is paid on time.
Prior to signing the lease agreement, the landlord must check the background information and credit history of the tenant via rental application Alabama. It is essential to ensure whether potential tenants have a vested interest in rental property.
Besides, Alabama rental lease agreement may require a security deposit (additional fee) that is either payable before or on the move-in date.
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In Alabama, when leasing property to a tenant, both property owners and tenants must know about laws. Below mentioned are the key landlord and tenant laws that must be followed.
Alabama Landlord Disclosures: The landlord needs to disclose information to tenants in Alabama rental agreement. The landlord also must disclose the name and address of a person who can manage the rental premise on behalf of the landlord.
Limit and Return of Security Deposit: In Alabama, federal law limits how much a landlord should charge the tenant for a security deposit. Precisely, it should not exceed more than one month’s rent. State also limits when security deposit must be returned (i.e. within 35 days after the tenant leaves rental premise).
Small Claims Lawsuits: Alabama tenants are allowed to sue their landlord in small claims court such as returning security deposits of $3,000.
Prior Notice when Raising Rent: Alabama State also regulates various rent-related issues such as the amount of notice (i.e. 30-days) that a landlord must give to the tenant when raising the rent. Moreover, tenants should be given 7-days to pay rent or leave rental premises before the landlord files for eviction.
Right to Withhold Rent: Unlike other US states, tenants cannot withhold rent or exercise ‘repair and deduct right’ in case the landlord fails to manage important repairs.
Landlord’s Access to Rental Property: In Alabama, the landlord must give 2-days prior notice before entering a tenant’s rental premises.
Alabama Lease Disclosures & Addendums
In Alabama residential lease agreement, the following disclosures and addendums are required.
Landlord’s Name & Address
This disclosure is applicable to all rental units in Alabama. The landlord must disclose their information to the tenant in lease agreement Alabama. This information allows tenants to send future demands and legal notices properly.
If there is another authorized person who may act on behalf of the landlord, his name and address must be disclosed.
Lead-Based Paint Disclosure
As per federal law in Alabama, any building that was built before 1978 must disclose the risks that can be posed by lead-based paint. Under this law, the landlord must fill in a lead-based disclosure form and attach it to the Alabama lease agreement.
Moreover, the landlord should also provide a pamphlet approved by the Environmental Protection Agency (EPA) pamphlet outlining risks of lead-based paint. The landlord may also provide additional reports about the risks of any known lead-based paint in the rental unit.
Optional Disclosures & Addendums
There are some disclosures and addendums in Alabama rental agreements that are optional and not required by Alabama laws. These optional disclosures can help a landlord in avoiding future liabilities and conflicts with tenants.
Medical Marijuana Use: Landlords are recommended to disclose information to tenants about the use of medical marijuana. For instance, where marijuana use is allowed and where its use is prohibited in the rental unit.
Move-in Checklist: Landlords should provide tenants with an itemized list of property damages before they move-in to the rental unit. This checklist should be attached to the Alabama lease agreement or signed as a separate form.
Late and Returned Check Fees: Landlords are recommended to disclose about late fees and bounced checks that can be charged. Late fees should not exceed over 10% of the monthly rent. Tenants should be charged late fees only after the due date for rent as agreed in the agreement.
Shared Utilities Arrangements: This disclosure is applicable for rental units that have shared utilities. Landlords should disclose the procedures of how the utility will be shared and how the bill will be calculated between each party.
Bed Bug Disclosure: If there is any history of infestation on the rental unit, the landlord should disclose in Alabama lease agreement. The landlord should also establish an understanding of current bed bug status on the property to handle the future infestation.
Asbestos Disclosure: Buildings that were built prior to 1981 are considered at high risk for asbestos. The landlord should establish an understanding of prior knowledge of the presence of asbestos in the rental unit.
Mold Disclosure: The landlord should also disclose the current status of mold on rental property in the lease agreement. This disclosure will help the landlord to avoid future liabilities resulting from mold damages.
Save time, money, & headaches when leasing a rental property in Alabama. Download our template now! This easy-to-use and reliable agreement template is ready to help you get away from the tedium of the task.
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All in all, landlords and tenants must follow the terms and conditions as stated in the Alabama lease agreement. This legal contract complies with the Alabama laws relating to the use of the rental property. It can help both parties to avoid future conflicts related to the rental property and future liabilities.
Now you know key points in Alabama lease agreement, if you have decided to lease a property, you can download great templates for Alabama rental lease agreement from our website CocoSign. Apart from this, you can also find many other templates for different legal agreements.
ALABAMA RESIDENTIAL LEASE AGREEMENT
I. THE PARTIES. ThisResidential Lease Agreement (“Agreement”) made this is between:
Landlord: with a mailing address of ("Landlord"), AND
Landlord and Tenant are each referred to herein as a “Party” and, collectively, as the "Parties."
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Tenant agrees to lease the Premises from the Landlord under the following terms and conditions:
II. LEASE TYPE. This Agreement shall be considered a: (check one)
☐ - Fixed Lease. The Tenant shall be allowed to occupy the Premises starting on and end on (“Lease Term”). At the end of the Lease Term and no renewal is made, the Tenant: (check one)
☐ - May continue to lease the Premises under the same terms of this Agreement under a month-to-month arrangement.
☐ - Must vacate the Premises.
☐ - Month-to-Month Lease. The Tenant shall be allowed to occupy the Premises on a month-to-month arrangement starting on and ending upon notice of days from either Party to the other Party (“Lease Term”).
III. OCCUPANT(S). The Premises is to be occupied strictly as a residentialdwelling with the following individual(s) in addition to the Tenant: (check one)
☐ - (“Occupant(s)”)
☐ - There are no Occupant(s).
IV. THE PROPERTY. The Landlordagrees to lease the described property below to the Tenant: (enter the property information)
The aforementioned property shall be leased wholly by the Tenant (“Premises”).
V. PURPOSE. The Tenant and Occupant(s) may only use the Premises as: (check one)
☐ - A residential dwelling only.
☐ - A residential dwelling and:
VI. FURNISHINGS. The Premises is: (check one)
☐ - To be furnished with the following items:
☐ - Not furnished.
VII. APPLIANCES. The Landlordshall: (check one)
☐ - Provide the following appliances:
☐ - Not provide any appliances.
VIII. RENT. The Tenantshall pay theLandlord,in equal monthly installments, $ ("Rent"). The Rent shall be due on the of every month (“Due Date”) and paidunder the following instructions:
IX. NON-SUFFICIENT FUNDS (NSF CHECKS). If the Tenant pays the Rent with a check that is not honored due toinsufficient funds (NSF): (check one)
☐ - There shall be a fee of $ per incident.
☐ - There shall be no fee.
X. LATE FEE. If Rent is not paid on the Due Date: (check one)
☐ - There shall be a penalty of $ due as ☐ One (1) Time Payment ☐ Every Day Rent is Late. Rent is considered late when it has not been paid within day(s) after the Due Date.
☐ - There shall be No Late Fee if Rent is late.
XI. FIRST (1ST) MONTH'S RENT. The Tenant is required to pay the first (1st) month's rent: (check one)
☐ - Upon the execution of this Agreement.
☐ - Upon the first (1st) day of the Lease Term.
XII. PRE-PAYMENT. The Tenant shall: (check one)
☐ - Pre-Pay Rent in the amount of $ for the term starting on and ending on . The Pre-Payment of Rent shall be due upon the execution of this Agreement.
☐ - Not be required to Pre-Pay Rent.
XIII. PRORATION PERIOD. The Tenant: (check one)
☐ - Shall take possession of the Premises before the start of the Lease Term on and agrees to pay $ for the proration period. The proration rate is calculated by the monthly Rent on a daily basis which shall be paid by the Tenant upon the execution of this Agreement.
☐ - Shall not be taking possession of the Premises before the Lease Term.
XIV. SECURITY DEPOSIT. As part of this Agreement: (check one)
☐ - The Landlord requires a payment in the amount of $ (“Security Deposit”) for the faithful performance of the Tenant under the terms and conditions of this Agreement. Payment of the Security Deposit is required by the Tenant upon the execution of this Agreement. The Security Deposit shall be returned to the Tenant within days after the end of the Lease Termless any itemized deductions. This Security Deposit shall not be credited towards any Rent unless the Landlord gives their written consent.
☐ - The Landlord does not require a Security Deposit as part of this Agreement.
XV. MOVE-IN INSPECTION.Before, at the time of the Tenant accepting possession, or shortly thereafter, the Landlord and Tenant: (check one)
☐ - Agree to inspect the Premises and write any present damages or needed repairs on a move-in checklist.
☐ - Shall not inspect the Premises or complete a move-in checklist.
XVI. PARKING. The Landlord: (check one)
☐ - Shall provide parking space(s) to the Tenant for a fee of $ to be paid ☐ at the execution of this Agreement ☐ on a monthly basis in addition to the rent. The parking space(s) are described as:
☐ - Shall NOT provide parking.
XVII. SALE OF PROPERTY. If the Premises is sold, the Tenant is to be notified of the new Owner, and if there is a new Manager, their contact details for repairs and maintenance shall be forwarded. If thePremises isconveyed to another party, the new owner: (check one)
☐ - Has the right to terminate this Agreement by providing days’ notice to the Tenant.
☐ - Does not have the right to terminate this Agreement.
XVIII. UTILITIES. The Landlordshall provide the following utilities and services to the Tenant:
Any other utilities or services not mentioned will be the responsibility of the Tenant.
XIX. EARLY TERMINATION. The Tenant: (check one)
☐ - Shall have the right to terminate this Agreement at any time by providing at least days’ written notice to the Landlord along with an early termination fee of $ (US Dollars). During the notice period for termination the Tenant will remain responsible for the payment of rent.
☐ - Shall not have the right to terminate this Agreement.
XX. SMOKING POLICY. Smoking on the Premises is: (check one)
☐ - Permitted ONLY in the following areas:
☐ - Prohibited on the Premises and Common Areas.
XXI. PETS. The Tenant: (check one)
☐ - Shall have the right to have pet(s) on the Premises consisting of that are not to weigh over pounds. For the right to have pet(s) on the Premises the Landlord shall charge a fee of $ that is ☐ non-refundable ☐ refundable unless there are damages related to the pet.The Tenant is responsible for all damage that any petcauses, regardless of ownership of said petand agrees to restore the Premises to its original condition at theirexpense.
☐ - Shall not have the right to have pets on the Premises or in the common areas.
XXII. WATERBEDS. The Tenant: (check one)
☐ - Shall have the right to use a waterbed on the Premises.
☐ - Shall not have the right to use a waterbed on the Premises.
XXIII. NOTICES. Any notice to be sent by the Landlord or the Tenant to each other shall use the following addresses:
Landlord's / Agent's Address:
Tenant's Mailing Address: (check one)
☐- The Premises.
XXIV. AGENT/MANAGER. (check one)
☐- The Landlord does have a manager on the Premises that can be contacted for any maintenance or repair at:
☐ - The Landlord does not have a manager on the Premises although the Landlord can be contacted for any maintenance or repair at:
XXV. POSSESSION. Tenanthas examined the condition of the Premisesand by taking possession acknowledges that they have accepted the Premises in good order and in its current condition except as herein otherwise stated. Failure of the Landlord to deliver possession of the Premises at the start of the Lease Term to the Tenant shall terminate this Agreement at the option of the Tenant. Furthermore, under such failure to deliver possession by the Landlord, and if the Tenant cancels this Agreement, theSecurity Deposit (if any) shall be returned to the Tenant along with any other pre-paid rent, fees, includingif the Tenant paid a fee during the application process before the executionof this Agreement.
XXVI. ACCESS. Upon the beginning of the Proration Period or the start of the Lease Term, whicheveris earlier, the Landlord agrees to give access to the Tenant in the form of keys, fobs, cards, or any type of keyless security entry as needed to enter the common areas and the Premises. Duplicate copies of the access provided may only be authorized under the consent of the Landlord and, if any replacements are needed, the Landlord may provide them for a fee. At the end of this Agreement all access provided to the Tenant shall be returned to the Landlord or a fee will be charged to the Tenant or the fee will be subtracted from the Security Deposit.
XXVII. SUBLETTING. The Tenant shall not be able to sublet the Premises without the written consent from the Landlord. The consent by theLandlordto one subtenant shall not be deemed to be consent to any subsequent subtenant.
.If the Tenantvacates or abandons the Premises for a time-periodthat is the minimum set by State law or seven (7) days, whichever is less,the Landlord shall have the right to terminate this Agreement immediately and remove all belongings including any personal property off of the Premises.If the Tenantvacates or abandons the Premises, the Landlord shall immediately have the right to terminate this Agreement.
XXIX. ASSIGNMENT.Tenantshall not assign this Lease without the prior written consent of the Landlord. The consent by theLandlordto one assignment shall not be deemed to be consent to any subsequent assignment.
XXX. RIGHT OF ENTRY. The Landlordshall have the right to enter the Premises during normal working hours by providing at least twenty-four (24) hours noticein order for inspection, make necessary repairs, alterations or improvements, to supply services as agreed or for any reasonable purpose. The Landlordmay exhibit the Premises to prospective purchasers, mortgagees, or lessees upon reasonable notice.
XXXI. MAINTENANCE, REPAIRS, OR ALTERATIONS. The Tenantshall, at their own expense and at all times, maintain premises in a clean and sanitary manner, and shall surrender the same at termination hereof, in as good condition as received, normal wear and tear excepted. The Tenantmay not make any alterations to the leased premises without the consent in writing of the Landlord. The Landlordshall be responsible for repairs to the interior and exterior of the building. If the Premisesincludes a washer, dryer, freezer, dehumidifier unit and/or air conditioning unit, the Landlordmakes no warranty as to the repair or replacement of units if one or all shall fail to operate. The Landlordwill place fresh batteries in all battery-operated smoke detectors when the Tenantmoves into the premises. After the initial placement of the fresh batteries it is the responsibility of theTenantto replace batteries when needed. A monthly "cursory" inspection may berequired for all fire extinguishers to make sure they are fully charged.
XXXII. NOISE/WASTE. The Tenantagreesnot to commit waste on the premises, maintain, or permit to be maintained, a nuisance thereon, or use, or permit the premises to be used, in an unlawful manner. The Tenantfurther agrees to abide by any and all local, county, and Statenoise ordinances.
XXXIII. GUESTS.There shall be no other persons living on the Premises other than the Tenant and anyOccupant(s). Guests of the Tenantare allowed for periods not lasting for more than 48 hoursunless otherwise approved by the Landlord in writing.
XXXIV. COMPLIANCE WITH LAW. The Tenantagrees that during the term of the Agreement, to promptly comply with any present and future laws, ordinances, orders, rules, regulations, and requirements of the Federal, State, County, City, and Municipal government or any of their departments, bureaus, boards, commissions and officials thereof with respect to the premises, or the use or occupancy thereof, whether said compliance shall be ordered or directed to or against the Tenant, the Landlord,or both.
. If the Tenant fails to comply with any of the financial or material provisions of this Agreement, or of any present rules and regulations or any that may be hereafter prescribed by the Landlord, or materially fails to comply with any duties imposed on the Tenant by statute or State laws, within the time periodafter delivery of written notice by the Landlord specifying the non-compliance and indicating the intention of the Landlord to terminate the Agreement by reason thereof, the Landlord may terminate this Agreement. If the Tenant fails to pay rent when due and the default continues for the time-period specified in the written notice thereafter, the Landlord may, at theiroption, declare the entire balance (compiling all months applicable to this Agreement) of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to the Landlord at law or in equity and may immediately terminate this Agreement.
The Tenant will be in default if: (a) Tenant does not pay rent or other amounts that are owed; (b) Tenant, their guests, or the Occupant(s) violate this Agreement, rules, or fire, safety, health, or criminal laws, regardless of whether arrest or conviction occurs; (c) Tenant abandons the Premises; (d) Tenant gives incorrect or false information in the rental application; (e) Tenant, or any Occupant(s) is arrested, convicted, or given deferred adjudication for a criminal offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, marijuana, or drug paraphernalia under state statute; (f) any illegal drugs or paraphernalia are found in the Premises or on the person of the Tenant, guests, or Occupant(s) while on the Premises and/or; (g) as otherwiseallowed by law.
XXXVI. MULTIPLE TENANT OR OCCUPANT(S). Each individual that is considered aTenant is jointly and individuallyliable for all of this Agreement's obligations, including but not limited to rent monies. If any Tenant, guest, or Occupant(s) violates this Agreement, theTenant is considered to have violated this Agreement. Landlord’s requests and notices to the Tenant or any of the Occupant(s) of legal ageconstitutes notice to the Tenant. Notices and requests from the Tenant or any one of the Occupant(s) (including repair requests and entry permissions) constitutes notice from theTenant. In eviction suits, theTenant is considered the agent of the Premise for the service of process.
XXXVII. DISPUTES. If a dispute arises during or after the term of this Agreementbetween the Landlordand Tenant, they shall agree to hold negotiations amongst themselves, in "good faith", before any litigation.
XXXVIII. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
XXXIX. SURRENDER OF PREMISES. The Tenant hassurrendered the Premises when (a) the move-out date has passed and no one is living in the Premise within the Landlord’s reasonable judgment; or (b) Access tothe Premise have been turned in to Landlord – whichever comes first. Upon the expiration of the term hereof, the Tenant shall surrender the Premise in better or equal condition as it were at the commencement of this Agreement, reasonable use, wear and tear thereof, and damages by the elements excepted.
XL. RETALIATION. The Landlord is prohibited from making any type of retaliatory acts against the Tenant including but not limited to restricting access to the Premises, decreasing or cancelling services or utilities, failure to repair appliances or fixtures, or any other type of act that could be considered unjustified.
XLI. WAIVER. A Waiver by the Landlord fora breach of any covenant or duty bythe Tenant, under this Agreement is not a waiver fora breach of any other covenant or duty bythe Tenant, or of any subsequent breach of the same covenant or duty. No provision of this Agreement shall be considered waived unless such a waiver shall be expressed in writing as a formal amendment to this Agreement and executed by the Tenantand Landlord.
XLII. EQUAL HOUSING. If the Tenant possesses any mental or physical impairment, the Landlord shallprovide reasonable modifications tothe Premises unless the modifications would be too difficult or expensive for the Landlord to provide. Any impairment(s) of the Tenant are encouraged to be provided and presented to the Landlord in writing in order to seek the most appropriate route for providing the modifications to the Premises.
XLIII. HAZARDOUS MATERIALS. The Tenant agrees to not possess any type of personal property that could be considered a fire hazard such as a substance having flammable or explosive characteristics on the Premises. Items that are prohibited to be brought into the Premises, other than for everyday cooking or the need of an appliance, includes but is not limited to gas (compressed), gasoline, fuel, propane, kerosene, motor oil, fireworks, or any other related content in the form of a liquid, solid, or gas.
XLIV. INDEMNIFICATION. The Landlordshall not be liable for any damage or injury to the Tenant, or any other person, or to any property, occurring on the Premises, or any part thereof, or in common areas thereof, and the Tenantagrees to hold the Landlordharmless from any claims or damages unless caused solely by the Landlord'snegligence. It is recommended that renter's insurance be purchased at the Tenant'sexpense.
XLV. COVENANTS. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this Agreement.
XLVI. PREMISES DEEMED UNINHABITABLE. If the Premises is deemed uninhabitable due to damage beyond reasonable repair the Tenant will be able to terminate this Agreement by written notice to the Landlord. If said damage was due to the negligence of the Tenant, the Tenantshall be liable to the Landlord for allrepairs and for the loss of income due to restoring the Premises back to a livable condition in addition to any other losses that can be proved by the Landlord.
XLVII. LEAD PAINT.(check one)
☐- The Premises was built prior to 1978 and there is an attachment titled the ‘Lead-Based Paint Disclosure’ that must be initialed and signed by the Landlord and Tenant.
☐ - The Premises was not built prior to 1978.
XLVIII. GOVERNING LAW. This Agreement is to be governed under the laws located in the State of Alabama.
XLIX. ADDITIONAL TERMS AND CONDITIONS.
L. ENTIRE AGREEMENT.This Agreement contains all the terms agreed to by the parties relating to its subject matter including any attachments or addendums. This Agreementreplaces all previous discussions, understandings, and oral agreements. The Landlord and Tenant agree to the terms and conditions and shall be bound until the end of the Lease Term.
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
Lead Warning Statement
Housing build before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and /or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.
(a)Presence of lead-based paint and/or lead-based paint hazards (check one below):
☐- Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):
☐- Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b)Records and reports available to the landlord (check one below)
☐- Landlord has provided the tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).
☐- Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
☐- Tenant has received copies of all information listed above.
☐- Tenant has received the pamphlet “Protect Your Family From Lead in Your Home”.
☐- Broker has informed the tenant of the tenant’s obligations under 42 USC 4852(d) and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
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