Introduction
Housing and safety constitute the basic needs of humans. Therefore, it is expedient that there are laws guiding the creation and provision of this crucial demand. Like every state in the US, Alabama provides some rules for both Landlords and Tenants. This gives tenants' and landlords rights the highest possible advantage without detriment to the other.
Entrenched in each rule are rights that can be claimed by landlords and tenants in Alabama. This article will expose you to important Alabama landlords’ rights that you're entitled to. This will ensure maximum returns on your housing investment, even without harming your tenants.
Is Alabama a Landlord-Friendly State?
Yes, Alabama is a landlord-friendly state. This judgment is based on the favorable laws created to guide the landlord-tenant relationship. Fewer restrictions and more liberty abound in the procurement of prospective renters. Also, the rental fee is chargeable.
This however does not mean that the laws disfavor tenants. However, fewer constraints are placed concerning intricate subjects in housing matters. An example is the non-creation of laws that permit graces for rent payment after the due date.
Landlords are permitted to give eviction notices or demand late rent fee payment. This is for the violation of this term or do otherwise.
Secondly, Landlords in Alabama retain the right to conduct background checks on criminal history. Aside from criminal history checks, credit scores, past tenant records, etc can also be researched. This has to be done before leasing the rental properties to interested tenants. It must also be done with the consent of the tenant.
Furthermore, there are no laws guiding rent fees in Alabama. This implies that houseowners are free to charge whatever they deem fit for their rent.
Now, let's dive deeply into each aspect of a lease agreement and the Alabama landlord laws guiding each facet.
Landlord Rights in Alabama
Alabama landlord-tenant laws contain specific guidelines that inform the landlord-tenant relationship. These guidelines also form the component of a lease or rental agreement. This section provides the laws and rights peculiar to landlords in Alabama.
Application Fees & Screening Process
In Alabama, landlords are permitted to charge intending tenants an application fee. Also, no laws or limits have been created to restrict the amount that can be charged. The law also provides liberty to the method adopted by each landlord for their tenant acquisition.
This implies that the renter’s procurement process is tailored to each landlord. Several steps can be included or removed in the process by individual landlords.
Eviction Laws & Lease Termination Notice
Several matters could result in misunderstandings between tenants and landlords. Sometimes, the only way to resolve this is to dissolve the rental contract. This connotes that landlords are permitted to evict or terminate a housing contract with a tenant on certain grounds. We have a comprehensive article on tenants eviction best practices.
Some of the grounds that permits eviction include:
1. Violation of lease terms
2. Illegal activity e.g. using illicit drugs
3. Safety infringement
4. Failure to pay rent
5. Providing false or misleading information
6. Unlawful use of housing infrastructure
7. Violation of any of the above factors after warning in the past six months
However, before an eviction can be enacted, a 7-day, or 30-day notice period must be provided. The period is dependent on the lease duration. This will give the violating tenant time for payment of the rental fee or correction of the breaches made.
If after the notice the tenant refuses to make an amendment, an eviction suit can be filed. The landlord can then terminate the lease agreement. Landlords are permitted to use the security deposits if the tenant refuses to pay the rent or make corrections.
Security Deposits & Repairs
Security deposits are payments made for unknown expenses, extreme damages, and lease violations. They are used by Landlords to remedy unsolicited situations that may occur during a tenant's stay. This includes non-payment of rent before the due term.
Alabama state law permits landlords to charge security deposits of no more than 30 days of rent payments. However, this deposit does not cover pet, repair, maintenance, and cleaning fees. While the landlords retain the security deposits, there are no rules stating that they pay interest for holding onto them. Also, the law does not prohibit the charging of nonrefundable cleaning and pet fees.
Landlords are mandated to refund security deposits within 60 days from the time when the tenant moves out. For anything after this period, tenants are advised to seek legal advice against the landlord. The Alabama landlord-tenant law provides free ground for landlords to collect and retain security deposits. This will help the landlord protect the property and lease agreement.
Rent Payment and Late Fees
Alabama provides a flexible rent payment structure to landlords. The state does not restrict the charge on rent to tenants. This however does not imply that landlords can charge exorbitant rent fees. The competition moderates the rent charges on its own.
Hence, a proper market analysis and price range should be made before setting a price for your rental fee.
A security deposit can also be collected to protect your rights as a landlord. This is most important in the case of tenants' failure to pay rent. Also important, note that a rental agreement should contain every information agreed on. It should cover the rental payment, including the duration, time of commencement, and actual rent fee.
For late fees, the Alabama landlord-tenant law does not provide a grace period for tenants. Instead, late fee payments are allowed. A grace period is simply an extended period from the due date of a rental payment that a landlord permits the tenant to stay in the related apartment.
The Alabama law does not have a fixed rule for how long a grace period should be. However, landlords can provide one tailored to their preferences. This must also be contained in the rental agreement document. (Read on 10 strategies to encourage your tenants to renew their rents)
Visitation Laws and Frequencies
Every tenant is entitled to privacy in the rented apartment. Landlords can visit tenant units only if a visitation notice has been sent at least two days earlier. For emergency visits, a notice period is not mandated. (Read on How often should a landlord inspect a rental property)
The Alabama law clearly states how and when landlords can visit a rented apartment in non-emergency cases. For example, no landlord is permitted to barge or break into a tenant unit. A landlord can not also permit a service provider to do so either. Such action can attract penalties from the state law and result in fines.
Conclusion
The Alabama Landlord-tenant law offers unusual flexibility. The structure also affords a maximum return on each housing investment. Since owning a rental property in Alabama comes with some protection, knowing the above facts can ensure that your rights are protected and your rentals are structurally relevant. Having a clear understanding of these laws can let you in on your limits as a landlord and help you establish a healthy relationship with your tenants.
