Renting can be complicated, particularly if you're not well-versed in legal matters. In Alabama, state law specifies certain rights and responsibilities for tenants, and not being aware of these can result in expensive errors. This is legal advice on the five most common mistakes tenants make in Alabama:
1. Not Hiring a Lawyer Immediately - Most Common Mistake
Landlords hold an advantage for several reasons. They have prior experience with the eviction process, they employ lawyers who handle such cases regularly, they typically possess an understanding of the law, and, in our experience, Alabama Courts tend to favor landlords.
Apex Law has payment plans. You should hire counsel immediately.
2. Ignoring the Importance of Written Communication
Oral agreements or casual communications always lead to misunderstandings or conflicts between tenants and landlords. In Alabama, significant issues like repair requests, lease renewals, and notices of intent to vacate should always be documented in writing.
Ala. Code § 35-9A-101 et. seq. mandates that tenants inform landlords in writing of any noncompliance with the landlord's duties (such as not making repairs) before proceeding with further actions. Without adequate documentation, tenants may find it difficult to substantiate their claims if a disagreement occurs.
What to Do Instead:
Send emails or certified letters for all critical communications with your landlord.
Keep copies of written correspondence and receipts.
Request written confirmation for verbal agreements or promises.
3. Misunderstanding Security Deposit Rules
Security deposits are often a source of conflict between tenants and landlords. Many tenants are unaware of their rights under Alabama’s security deposit laws, leading to disputes over deductions or withheld deposits.
Under Ala. Code § 35-9A-201, landlords cannot charge a security deposit greater than one month’s rent, with certain exceptions. Additionally, landlords must provide an itemized list of deductions and return the remaining deposit within 60 days of the lease’s termination. Failure to comply can result in the landlord owing the tenant double the deposit amount.
What to Do Instead:
Document the condition of the rental unit with photos or videos before moving in and after moving out.
Keep records of any damages you’ve repaired or disputes you’ve resolved during your tenancy.
If your deposit is unfairly withheld, consider pursuing your rights employing Apex Law (we can ask for attorney fees and court costs as well).
4. Overlooking Maintenance and Repair Responsibilities
Many tenants assume that landlords are responsible for all maintenance and repairs, but this is not always the case. In Alabama, tenants also have responsibilities to maintain the property.
Under Ala. Code § 35-9A-301, tenants must:
Keep the rental unit clean and safe.
Dispose of waste properly.
Avoid causing damage to the property.
Failure to meet these obligations can lead to lease violations or deductions from the security deposit. Conversely, landlords are responsible for maintaining the structural integrity of the property and ensuring that it complies with health and safety standards.
What to Do Instead:
Notify your landlord promptly of any necessary repairs or maintenance issues.
Keep records of repair requests and follow up in writing.
Ensure you’re meeting your responsibilities to avoid penalties.
Immediately hire Apex Law if any of the conditions are present:
Mold
Heating or AC issues
Fooding/Roof Leaks
Rodent Infestations
Electrical or Plumbing defects
Structural defects (stairs, foundation, floor, etc)
5. Not Knowing Your Rights During an Eviction
Evictions can be a stressful and overwhelming experience, especially for tenants unfamiliar with their legal rights. In Alabama, landlords must follow strict legal procedures to evict a tenant. A common mistake tenants make is vacating the property without verifying that the eviction process is lawful.
Under Ala. Code § 35-9A-421, landlords must provide written notice of nonpayment of rent and allow seven days for the tenant to pay before filing for eviction. For other lease violations, a 14-day notice is typically required. Tenants have the right to contest the eviction in court and cannot be forcibly removed without a court order.
What to Do Instead:
Respond promptly to any eviction notice and seek legal counsel.
Attend all court hearings to present your case.
Understand that self-help evictions, such as changing locks or shutting off utilities, are illegal in Alabama.
Final Thoughts
By familiarizing yourself with your rights and duties under the Alabama Uniform Residential Landlord and Tenant Act, you can safeguard yourself and enjoy a more seamless rental experience. If you encounter difficulties as a tenant, consulting a knowledgeable attorney can offer clarity and support.