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What is an Alabama Lease Agreement?
When to use an Alabama Lease Agreement:
- You're entering into a lease as the landlord or tenant in Alabama.
- You want to document the terms of your agreement.
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Residential Lease Agreement
This Lease Agreement (the "Agreement") is made and entered on (the "Effective Date") by and between ("Landlord") and the following tenants:
Subject to the terms and conditions stated below the parties agree as follows:
. Property. Landlord, in consideration of the lease payments provided in this Agreement, leases to Tenant a house
. Term. This Agreement will begin on (the "Start Date") and will terminate on (the "Termination Date").
Tenant will vacate the Property upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy will be created which either party may terminate All other terms and conditions of this Agreement will remain in full force and effect.
. Rent. There will be no rent increases through the initial term of the lease. Landlord may increase the Rent that will be paid during any month-to-month renewal period by providing at least 30 days' written notice to Tenant.
Payments should be sent to:
Payment address: , or at such other place as Landlord may designate from time to time.
Payments can be made by using one of the following methods of payment:
Acceptable forms of payment:
Tenant agrees to submit Rent payments by one of the methods above. In the event of roommates, or another form of joint or multiple occupancy, Tenant will be responsible for collecting payment from all occupants and submitting a single payment to Landlord. Tenant is responsible for any payment made by mail and not received by the due date stated herein. Mailed payments must be received on or before the due date. If the first month of the lease is a partial month, Rent payment will be pro-rated at the rate of 1/30th of the monthly Rent payment per day. No pro-rated Rent shall be accepted at any other time.
. Failure to Pay. Tenant is hereby notified that a negative credit report reflecting on Tenant's credit history may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of their credit obligations, such as their financial obligations under the terms of this Agreement.
. Occupants. The only persons who may live on the Property during the term of this Agreement are:
Tenant may have guests on the Property for not over consecutive days or days in a calendar year, and no more than two guests per bedroom at any one time. Persons staying more than consecutive days or more than days in any calendar year will NOT be considered original occupants of the Property. Tenant is not required to disclose to Landlord when guests stay at the Property fewer than consecutive days or days in a calendar year, but Tenant must obtain the prior written approval of Landlord if an invitee of Tenant will be present at the Property for more than consecutive days or days in a calendar year.
. Possession. Tenant will be entitled to possession of the Property on the first day of the term of this Agreement, and will yield possession to Landlord on the last day of the term of this Agreement, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant will remove its goods and effects and peaceably yield up the Property to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.
. Use of Property/Absences. Tenant will occupy and use the Property as a full-time residential dwelling unit. Tenant will notify Landlord of any anticipated extended absence from the Property not later than the first day of the extended absence. If Tenant willfully fails to give notice to Landlord of an anticipated extended absence in excess of 14 days, Landlord may recover any and all actual damages arising from the absence from Tenant.
During any absence of Tenant in excess of 14 days, Landlord may enter the Property at times reasonably necessary.
If Tenant abandons the Property, Landlord shall make reasonable efforts to rent it at a fair rental. But such duty shall not take priority over Landlord's right to first rent other vacant units. If Landlord rents the Property for a term beginning before the expiration of this Agreement, this Agreement shall terminate as of the date of the new tenancy.
If Tenant leaves personal property in the Property more than 14 days after termination of this Agreement, Landlord has no duty to store or protect Tenant's personal property and may dispose of it without obligation.
In addition to any other means by which Landlord determines that a property has been abandoned by Tenant, the Property shall be considered abandoned if the electric service to the Property has been terminated for seven consecutive days.
No retail, commercial or professional use of the Property is allowed unless Tenant receives prior written consent of Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant to obtain liability insurance for the benefit of Landlord. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.
. Storage. Any personal property stored in the common areas of the Property will be removed without notice.
. Roof/Fire Escapes. Use of the roof and/or the fire escapes by Tenants and/or guests is limited to emergency use only. No other use is permitted, including but not limited to, the placement of personal property.
. Pets. No pets, including but not limited to, dogs, cats, birds or other animals are allowed on or about the Property, without Landlord's prior written consent, excepting guide, service, or signal dogs. Stray animals must not be kept or fed in or around the Property. If a pet has been on or allowed on the Property, even temporarily (with or without Landlord's permission) Tenant may be charged for cleaning, de-fleaing, deodorizing, shampooing, repairing, or replacing any portion of the Property at Landlord's discretion.
. Keys and Locks. Tenant will be given a set number of keys for the Property. If all keys are not returned to Landlord following termination of the Agreement, Tenant will be charged a monetary fee to replace the keys. If a security deposit was collected by Landlord at the time of signing this Agreement, such amount will be subtracted from the Security Deposit. Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Property without Landlord's approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately upon installation.
. Maintenance and Repairs.
. Utilities and Services.
. Default. Tenant will be in default of this Agreement if Tenant fails to comply with any material provisions of this Agreement by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation (or any other obligation) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action will be added to Tenant's financial obligations under this Agreement. All sums of money or charges required to be paid by Tenant under this Agreement will be additional rent, whether or not such sums or charges are designated as "additional rent." The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.
Except as prohibited by applicable law, Landlord may recover actual damages and obtain injunctive relief for noncompliance by Tenant with rental agreement or the obligations of Tenant under Section 35–9A–301 Code of Alabama.
. Military Termination. In the event Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty, and hereafter Tenant receives permanent change of station orders to depart from the area where the Property is located; or is relieved from active duty, retires or separates from the military; or is ordered into military housing, Tenant may terminate this lease upon giving thirty (30) days' written notice to Landlord. Tenant will also provide to Landlord a copy of the official orders or a letter signed by Tenant's commanding officer reflecting the change which warrants termination under this provision. Tenant will pay prorated rent for any days (he/she) occupies the dwelling past the first day of the month. Any security deposit will be promptly returned to Tenant, provided there are no damages to the Property.
. Condition of Property. Tenant stipulates, represents and warrants that Tenant has examined the Property, and that it is at the time of this Agreement in good order, repair, and in a safe, clean and tenantable condition.
. Alterations and Improvements. Tenant will make no alterations to the buildings or improvements to the Property or construct any building without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Property by Tenant will, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Property at the expiration or earlier termination of this Agreement.
. Hazardous Materials. Tenant will not keep on the Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
. Damage to Property. If the Property is damaged or destroyed as to render it uninhabitable, either Landlord or Tenant will have the right to terminate this Agreement as of the date on which such damage occurs, through written notice to the other party to be given within 20 days of occurrence of such damage. However, if such damage should occur as the result of the conduct or negligence of Tenants or Tenants' guests or invitees, Landlord will have the right to termination and Tenants will be responsible for all losses, including, but not limited to, damage and repair costs as well as loss of rental income.
. Landlord Access to Property. Landlord and Landlord's agents will have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Property for the purpose of inspecting the Property and all buildings and improvements thereon. Tenant will make the Property available to Landlord or Landlord's agents for the purposes of making repairs or improvements, or to supply agreed services or show the Property to prospective buyers or tenants, or in case of emergency. Except in case of emergency, Landlord will give Tenant reasonable notice of intent to enter. For these purposes, twenty four (24) hour written notice will be deemed reasonable. For purposes of showing the Property to a prospective tenant or purchaser, Landlord must give Tenant two days' notice.
. Accommodation. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or Tenant's responsibility to make Landlord aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Landlord reserves the right to require appropriate medical verification of the disability.
. Compliance with Regulations. Tenant will promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant will not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
. Mechanic's Liens. Neither Tenant nor anyone claiming through Tenant will have the right to file mechanic's liens or any other kind of lien on the Property and the filing of this Agreement constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Property free of all liens resulting from construction done by or for Tenant.
. Subordination of Lease. This Agreement is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Property.
. Assignment and Subletting.
. Megan's Law. Tenant and Landlord agree that Tenant has the sole responsibility to obtain any and all information contained in the Alabama Sex Offender Registry. Tenant understands that Sex Offender Registry information may be obtained from the local sheriff's department or other appropriate law enforcement officials.
. Notice. Notice under this Agreement will not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions will be deemed received on the third day after posting.
, , Alabama
Such addresses may be changed from time to time by any party by providing notice as set forth above.
. Limitation of Liability and Indemnity Barred. Under Alabama law, rental agreements may not require a tenant to exculpate or limit the liability of the landlord arising under law nor to indemnify the landlord for that liability or the costs connected therewith.
. Waiver of Rights Barred. Under Alabama law, rental agreements may not require a tenant to agree to waive or forego rights or remedies established under Section 35–9A–204 ("Landlord to maintain premises"), 35–9A–401 ("Noncompliance by the landlord"), or 35–9A–404 ("Wrongful failure to make available heat, water, hot water, or essential services"), or requirements of security deposits established by the Alabama Uniform and Residential Landlord and Tenant Act or under the law of unlawful detainer.
. Confession of Judgment Barred. Under Alabama law, rental agreements may not require a tenant to authorize any person to confess judgment on a claim arising out of the rental agreement.
. Remedy against Landlord for Enforcing Illegal Provision(s). If Landlord seeks to enforce a provision in a rental agreement containing provisions known by Landlord to be prohibited, Tenant may recover in addition to actual damages an amount up to one months' periodic rent and reasonable attorney fees.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation in the State of Alabama. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Alabama. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Alabama.
. Governing Law. This Agreement will be governed, construed and interpreted by, through and under the Laws of the State of Alabama.
. Waiver and Severability. The failure of either party to enforce any provisions of this Agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any provision of this Agreement or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent permitted by law.
. Time of Essence. Time is of the essence with respect to the execution of this Lease Agreement.
. Estoppel Certificate. Tenant will execute and return a tenant estoppel certificate delivered to Tenant by Landlord or Landlord's agent within three (3) days after its receipt. Failure to comply with this requirement will be deemed Tenant's acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
. Entire Agreement. This document constitutes the entire Agreement between Tenant and Landlord. This Agreement cannot be modified except in writing and must be signed by all parties. Neither Landlord nor Tenant have made any promises or representations, other than those set forth in this Agreement and those implied by law. The failure of Tenant or its guests or invitees to comply with any term of this Agreement is grounds for termination of the tenancy, with appropriate notice to Tenants and procedures as required by law.
. Warranties and Representations. Tenant represents and warrants that all statements in Tenant's rental application are accurate. Any intentional misrepresentations will be considered a material breach of this Agreement and may subject Tenant to eviction. If there is a material noncompliance by Tenant with this Agreement, an intentional misrepresentation of a material fact in this Agreement or application, or a noncompliance with Section 35–9A–301 materially affecting health and safety, Landlord may deliver a written notice to terminate the Agreement to Tenant specifying the acts and omissions constituting the breach and that the Agreement will terminate upon a date not less than 7 days after receipt of the notice. If the breach is not remedied within the 7 days after receipt of the notice to terminate the lease, this Agreement shall terminate on the date provided in the notice to terminate the lease unless Tenant adequately remedies the breach before the date specified in the notice, in which case this Agreement shall not terminate.
An intentional misrepresentation of a material fact in this Agreement or application may not be remedied or cured.
No breach of any of the terms or obligations of this Agreement may be cured by Tenant more than four times in any 12–month period except by the express written consent of Landlord.
Tenant authorizes Landlord and any broker to obtain Tenant's credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord reserves the right to terminate this Agreement (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Tenant's application is false.
. Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of parties and their respective legal representatives, successors and assigns.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement in the manner prescribed by law as of the Effective Date.
|Address:||, , Alabama|
Tenant has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:
|Walls and ceiling||_______||____________________________________|
|Stove and oven||_______||____________________________________|
|Walls and ceiling||_______||____________________________________|
Hallways or Other Areas
|Walls and ceiling||_______||____________________________________|
|Patio or deck||_______||____________________________________|
|By: ___________________________________||Date: __________________|
Acknowledged by Landlord:
|By: ___________________________________||Date: __________________|
(i) __X__ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):
(i) _____ Landlord has provided the Tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents): ______________________________________________
(ii)__X__ Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
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As with any legal agreement, Alabama Residential Lease Agreements are not legally binding until they are signed. Unlike many other websites you might stumble upon, Rocket Lawyer offers more than a blank Alabama Lease Agreement template or fillable PDF that you could obtain elsewhere. If the tenant refuses to pay or there's a different issue related to your Alabama Rental Contract, your Rocket Lawyer membership offers the optional benefit of Document Defense® protection.
Whether your property is new or many years old, it is important to keep track of each rental with a lease. Making this document will most likely be good for you because of the following list of benefits:
Without this document, you and/or the tenant might suffer these repercussions: unforeseen modifications of the agreement and any associated fees, challenges collecting rent on time, and limited legal recourse when disputes arise. In addition, if a lease will last more than one year, Alabama law requires the agreement to be in writing.
The specific details to cover are:
As usual, your contract will also include guidelines around short- or long-term guests, smoking and/or drug use, past due payments, animals/pets, and moving out before the rental period ends. While building your rental contract, you'll also be able to include more details related to maintenance procedures, insurance requirements, and furnishings. Further custom editing is allowed, as necessary.
Creating your own Alabama Lease Agreement is easy to do with Rocket Lawyer. When you're ready to begin, simply tap or click on the button labeled "Make document." After collecting your answers to a series of questions about your situation, Rocket Lawyer will produce your customized contract. You can also try asking an attorney in our nationwide network to review it prior to signing it. This solution, in many cases, would end up being notably more affordable than hiring and working with a conventional law firm, where your expenses could add up to a few hundred dollars or thousands, depending on the complexity of the matter.
Alongside your Alabama Lease Agreement, there's a list of tips on what you can do next. You also can try any or all of these actions with your contract: making edits, printing it, downloading it as a Word or PDF document, or signing it online with RocketSign®. Most importantly, everyone should always receive copies of your final agreement. You should also feel free to take a look at our full collection of legal documents for landlords and property managers .
Rental laws can change over time. If you have any questions related to Alabama rental laws, you can talk to a lawyer . The answer may depend on whom you contact, but often some lawyers won't even accept requests to review your rental contract if they were not the person who drafted it. A more favorable approach might be via the Rocket Lawyer On CallÂ® attorney network. When you sign up for a Premium membership, you can request a contract review from an Rocket Lawyer network attorney with real estate experience or pose additional questions related to your Alabama Lease Contract. We are here to support you.
The answer to this question is rather subjective, but there are a few items that you might want to consider as you decide whether or not renting out property is right for you. These include the following: restrictions on security deposits and pet rent, required disclosures, the scope of tenants' rights, how challenging an eviction might be, and, of course, the amount of property taxes. That said, Alabama is home to colleges like Auburn University, the University of Alabama, and Samford University in addition to tourist attractions like US Space and Rocket Center, Birmingham Civil Rights Institute, and the USS Alabama Battleship Memorial Park, so you shouldn't experience any shortage of short- or long-term visitors and tenants if you're close to them.
Alabama Lease Agreement Laws: Ala. Code Â§ 35-9A-102(c)