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Though some consider Alabama a "landlord-friendly state," in our experience landlords have put themselves in some very bad positions to take advantage of that saying. For a full version of the Alabama Uniform Residential Landlord and Tenant Act you may click here, or skim through our summary to determine if you would like to hire us for your situation. 

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Here are the top ten landlord infractions we see:

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1. In many instances where the statute is "silent," meaning it doesn't say something about your issue one way or another, your contract will be the controlling rule. Landlord-written contracts are frequently ripe with errors and contradictions that we can pick apart. Per contract law, ambiguities (contradictions) are interpreted in the tenant's favor (the non-drafting party). 

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2. No lease agreement. If there is no lease agreement you are still obligated to pay rent, and the landlord is obligated to perform certain duties. In Alabama, the absence of a lease agreement means that you are on a “month to month” contract. Though we don't recommend renting without an agreement, if this situation is present in your scenario please message us and let us determine if we can help. 

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3. Prohibited provisions in a lease agreement. Alabama does not allow landlords to make you pay for attorney's fees by contract or the cost of third party collection fees. However, if you are in breach of contract and lose in court, the other side may get reasonable attorney's fees. Landlords often include “unconscionable” provisions. Unconscionable provisions are those that shock the senses because they are so lopsided; they are not allowed. 

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4. Security deposits - Amount. In Alabama, a landlord is limited to one month's rent as a security deposit, however they can charge you a pet deposit (refundable or non-refundable) atop that.

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5. Security deposits - Return. In Alabama, you should provide your landlord with an address for where they can send the security deposit. The landlord has 60 days to assess the property and furnish you with a list explaining any amounts withheld. If they do not do this you are entitled to an amount double your security deposit. However, if the landlord cannot find you they get 90 days to submit said list via first class mail to the last known address on file. Make sure you provide your landlord with an address to send the security deposit. 

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6. Breach of Contract - Duty to Mitigate. In Alabama, landlords have a duty to mitigate damages. This means that if you breach your contract with your landlord and have four months remaining on the contract, they must try to re-rent it. The law specifies that they only have to make reasonable efforts, and that they do not have to prioritize your property over others they rent (in the case of a property manager who lists dozens of rentals). If a landlord does not try to re-rent the property it is assumed that they took possession of the property. Thus, they cannot charge you. 

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7. Habitability. This is huge! A landlord is responsible for making sure the rental complies with building codes, local codes, and is safe to live in. General duties to repair the premises fall to the landlord, though the cost may be deferred to the tenant if the tenant is at fault for the issue.  Specifically, a landlord shall: make all repairs, keep common areas safe and clean, maintain in good working condition all electrical, plumbing, sanitary, heating, ventilation, AC, appliances, running water, heat, and anything else deligated in the contract. 

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If you have issues with any of these items listed above PUT THE LANDLORD ON NOTICE, in writing. You must make them aware and give them a chance to fix the issue. If they refuse, call us. 

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8. Evictions. An eviction requires court action.  A landlord must provide a 7 or a 14 day notice (depending on the type of eviction) PRIOR to serving you a Summons and Complaint from the District Court. A landlord cannot unilaterally evict you. 50% of our law practice is eviction defense. 

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9. Retaliation. Landlords cannot retaliate against you. They are not allowed to "blacklist" you or post reviews about you. As a tenant you can post about them, but make sure what you post is undisputed fact. 

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10. Collections. Landlords may turn you over to a debt collector, however if they submit an incorrect amount of damages or "build-in" the collection fee to the overall amount they are committing an unfair trade practice. Call us, we crush landlords that do this. 

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This does not constitute legal advice. All situations are different. If you want a free consultation keep scrolling down.