Alabama Lease Agreement Review
Alabama's residential leases are governed by the Alabama Uniform Residential Landlord and Tenant Act, Title 35, Chapter 9A of the Code. It gives landlords one of the longer refund windows in the country but backs it with a blunt penalty. Alabama also allows extra deposits beyond one month for pets, alterations to the unit and increased liability risk, so a lease asking for more than one month's rent is not automatically unlawful.
Security deposit
1 month
Entry notice
2 days
Security deposits in Alabama
Alabama caps most deposits at one month’s rent (extra deposits allowed for pets, alterations and added liability) and requires at least two days’ notice before entry (Ala. Code 35-9A-303).
Alabama lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Alabama
Alabama generally requires 2 days of advance notice before a landlord enters for non-emergency reasons. A lease clause letting the landlord enter “at any time” conflicts with that and should be brought in line.
Habitability and repairs in Alabama
Like nearly every state, Alabama recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
How long does an Alabama landlord have to return a deposit?
Section 35-9A-201 gives the landlord 60 days after the tenancy ends and you surrender possession to refund the deposit or send an itemized list of deductions for unpaid rent and damage caused by your failure to meet your duties as a tenant. Mailing it first class to the forwarding address you provided in writing satisfies the law, so leave that address when you hand back the keys.
Missing the 60-day deadline is expensive. The landlord owes double the amount of your original deposit, not just double the part withheld. There is a flip side: a refund check that goes unclaimed for 90 days is treated as forfeited, so cash it promptly.
When can an Alabama deposit exceed one month's rent?
The one-month cap has three listed exceptions: pets, changes the tenant makes to the premises, and activities that increase the landlord's liability risk. A lease that adds a stated pet deposit is generally within the law, and so is an extra deposit tied to a modification you asked to make.
A lease that simply labels an extra month as a general cleaning or holding deposit, with no link to those exceptions, deserves a question before you sign. Ask the landlord to name which exception applies and to say in writing whether the extra amount is refundable.
Alabama sources checked 2026-10-09: Ala. Code 35-9A-201 (FindLaw). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Alabama lease
- Security deposit vs the Alabama limit, and the return terms
- Landlord entry notice against Alabama requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Alabama lease FAQ
How much can a landlord charge for a security deposit in Alabama?
As of October 2026, the security-deposit rule in Alabama is: 1 month. Alabama caps most deposits at one month’s rent (extra deposits allowed for pets, alterations and added liability) and requires at least two days’ notice before entry (Ala. Code 35-9A-303). Deposit caps change, so confirm the current figure, ClauseAudit checks it against Alabama law when you run your lease.
How much notice must a landlord give before entering in Alabama?
In Alabama, a landlord generally must give 2 days before entering for non-emergency reasons. Emergencies are an exception. Check that your lease’s entry clause matches or improves on that.
Can a Alabama lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Alabama lease; it does not override your rights.
How much can a landlord charge as a security deposit in Alabama?
Alabama caps it: 1 month. Alabama caps most deposits at one month’s rent (extra deposits allowed for pets, alterations and added liability) and requires at least two days’ notice before entry (Ala. Code 35-9A-303). 5 jurisdictions use the same limit. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to Alabama treat deposits the same way?
No, and the gap can be large: Florida (No statewide cap), Georgia (2 months (leases from July 2024)), Mississippi (No statewide cap), Tennessee (No statewide cap). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than Alabama's.
Is there anything specific to Alabama tenants should know?
Alabama caps most deposits at one month’s rent (extra deposits allowed for pets, alterations and added liability) and requires at least two days’ notice before entry (Ala. Code 35-9A-303). Both the deposit ceiling and the entry-notice period come from statute here, so a lease that contradicts either is worth questioning.
What happens if my Alabama landlord never sends a deposit list?
If 60 days pass after you move out and surrender possession without a refund or an itemized list, Ala. Code 35-9A-201 entitles you to double your original deposit. Keep proof of your move-out date and that you supplied a forwarding address in writing, since the landlord can comply simply by mailing to that address.
Can an Alabama landlord charge a pet deposit on top of the regular deposit?
Yes. The one-month cap in section 35-9A-201 carves out additional deposits for pets, alterations to the premises and increased liability risk. Ask the landlord to state the pet deposit separately in the lease and to say whether it is refundable, so it is clear what can be deducted when you leave.
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Deposit rules in neighbouring states
Deposit limits are set state by state, and 4 of the 4 states bordering Alabama use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
Alabama landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against Alabama law when you run your lease, and you should confirm anything critical with a qualified Alabama attorney.