Introduction
Before renting a housing property, certain information is best known. One of such is the Alabama tenant right. With good knowledge of your rights and duties as a tenant, you can avoid legal issues and disputes.
Clarification on vital subjects like security deposits and lease terms must be understood. The Fair Housing Act contains stringent legal information that must be known by tenants. A clear understanding of Alabama tenant rights will arm you. You will have the needed data to enforce your rights and avoid legal troubles.
Also, it helps in setting clear expectations and responsibilities as a tenant in a rental property.
Are there laws protecting renters in Alabama?
Alabama had not always been a renter-friendly state. The first state law was formulated in 2007. The law was then adjusted in 2015 and 2018. Since then, the state has maintained a high record in seeing to the protection of tenants' rights.
Two statutes exist for this purpose: the Alabama landlord-tenant law and the Fair Housing Act. The Alabama Landlord-tenant law contains some set of rules guiding the relationship between landlords and tenants. It includes the conditions for a leasing contract.
The Fair Housing Act is the Federal law that protects individuals and families. It protects us from discrimination in the sale or rental of housing units. Both laws were enacted to ensure the safety of both Landlord and Tenants in Alabama.
Rights as an Alabama tenant
The Alabama Landlord-tenant laws are rules and guidelines designed to protect the rights and ensure the safety of renters. The tenant law summarizes that Alabama tenants have the right to a liveable housing unit. It must also conform to the minimum health and safety requirements. Expounded in this legal statute are policies guiding important elements of a lease agreement such as:
Security Deposit
Security deposits are payments made at the beginning of a lease contract. It corrects future damages made by tenants and makes up for a case of late or non-rent payment. When vacating from a rented property, tenants have the right to demand the security deposits made. Tenants are entitled to get their deposit back provided that they did not:
○ Violate the lease terms
○ Delay in rent payment
○ Damage any of the rental equipment beyond wear and tear
○ Abandon the leased apartment
The costs of repair cannot be deducted for normal wear and tear. Declines like this are inevitable in the course of using an apartment. Examples are fading paints, less efficient equipment, nail holes, and stains.
However, damages beyond normal wear and tear can be removed from the deposit. The Landlord must send the list of items deducted from the security deposit. Every refund must be done within 60 days after the tenant has moved out. If not refunded within 60 days, tenants can seek legal support.
Eviction
As contained in the Fair Housing Act, no Landlord is permitted to evict a tenant before the lease date except on the following terms:
○ Illegal activity e.g use of illicit drugs,
○ Harassment of tenants on the premises
○ Breaking of lease term
○ Non-payment of rent
○ Criminal activity
○ Involvement in activities that threaten the safety and health of other tenants
When a tenant is found involved in any of the above acts, a 7-day (in the case of a weekly lease) or 30-day (in the case of a monthly lease) warning notice must be issued to the violating tenant before the eviction process can take place. If the involved tenant makes adjustments, the landlord is no longer liable to evict the tenant.
Also, no landlord is permitted to refuse or evict a tenant or intending tenant because of their:
● Race
● Sex
● Religion
● Color
● Birth Country
● Children
This is contained under the Alabama landlord-tenant law. Any landlord found breaching this law in the course of renting a housing unit can be sued in court. (Tenant Eviction Best Practices)
Repairs and Maintenance
Every tenant must use the equipment as facilities in each housing unit with utmost care. Tenants must ensure these facilities are used most reasonably. A tenant has the right to demand repairs on equipment that wears or becomes less effective with use such as:
○ water heater
○ air conditioner,
○ Rusting windows and doors, etc
The responsibility of repair will lie on the tenant when the damage is caused by the tenant's misuse. Examples are large bored holes in walls or burning from a fire outbreak. The costs may be deducted from the security deposits made.
A lease agreement would contain needed information on which kind of repairs are your responsibility. Repairs that are the landlord's responsibility is also contained in the lease agreement. Thoroughly read the terms and conditions of repairs and maintenance before signing the lease agreement. (repairs and renovation that increase the value of rental properties)
Privacy
Every tenant in Alabama has the right to their privacy. Visitations required for inspection, repairs, and maintenance must be made known to tenants. The landlord must provide at least 2 days' notice before the date. For emergency cases, a notice is not required.
Landlords do not own the ability to permit a service provider into a rented property without the tenant's consent. Every tenant's privacy is fully protected and backed up by the state law in Alabama.
In summary, here is a list of things that a Landlord CANNOT do in Alabama:
● A landlord can not lease out a property that does not pass the health and safety check provided by the Fair Housing Act.
● Your landlord cannot visit your unit without prior notice provided to you at least 2 days before visitation.
● Your landlord is not permitted to hold on to your security deposits no more than 60 days after moving out. Provided you do not violate the least term.
● Your landlord is not permitted to terminate the lease agreement except if there's a violation on your part.
● Your landlord must not hide any information that affects your security or health concerning the rental unit. Information like past criminal activity carried out in the unit must be reported. Other things like Pest infestation or disease outbreaks, and lead-based paints (for houses built before 1978) must be reported.
● No landlord is obligated to deny you a housing unit as discrimination. Whether because of your color, race, sex, religion, disability, status, or age.
● Landlords in Alabama are not permitted to deny you a repair service. You can request a repair as long as the damage is not caused by misuse or carelessness.
● No landlord is permitted to evict a tenant as a form of retaliatory action. Whether because of mild disagreements, carrying out repairs, or belonging to a tenant association.
What can a Tenant do when any of these rights are violated?
Tenants whose rights have been abused can do either of the following:
● Send a written notice of your displeasure towards the violation. You and your landlord should then be able to address it.
● You can sue the landlord in court, especially if your effort to resolve the issue fails.
Conclusion
As a tenant in Alabama, your rights are protected by state law. Much of your duty is maintaining the unit you rented. Cooperating with your landlord, and staying aware of your responsibilities is also important.
A long-lasting landlord-tenant relationship is possible. But it starts with being informed and complying with the lease agreement. In the case of a breach in the agreement, legal support can be sought and you will be duly compensated. Knowledge of Alabama tenant rights and landlord rights is important for an experience with fewer disputes and more positive.
