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Legal Services Alabama
To order additional copies of this handbook, or the brochure version,
titled “A Decent Place to Live,” contact ACPP at
(800) 832-9060 or [email protected].
Alabama Appleseed
Alabama Appleseed Center for Law and Justice, Inc., is a
nonprofit, non-partisan legal advocacy organization. Its
mission is to identify root causes of injustice and
inequality in Alabama and to develop and advocate for
solutions that will improve the lives of all Alabamians.
Arise Citizens’ Policy Project
Arise Citizens’ Policy Project (ACPP) is a nonprofit
statewide citizens’ organization comprising 150
congregations and community groups dedicated to
improving the lives of low-income Alabamians. A
CPP
analyzes the impact of current and proposed state policies
and educates its members on poverty issues.
Legal Services Alabama
Legal Services Alabama is a statewide nonprofit
organization dedicated to providing access to justice and
quality civil legal assistance to educate and empower
Alabama’s low-income community.
The Alabama Tenants’ Handbook
© Copyright 2006
Arise Citizens’ Policy Project
P.O. Box 1188
207 Montgomery St., Suite 900
Montgomery, AL 36104
(800) 832-9060
www.arisecitizens.org
This material may be reproduced with acknowledgment of Arise
Citizens’ Policy Project. Highlights from the handbook are available
in a free brochure.
About this handbook
Following passage of the Alabama Landlord-Tenant Law
in 2006, a coalition of housing advocates developed The
Alabama Tenants’ Handbook to help renters understand and
exercise their rights and responsibilities under the new law.
Editorial team
Alabama Appleseed Center for Law & Justice, Inc.
John Pickens
Shay Farley
Arise Citizens’ Policy Project
Jim Carnes
Ron Gilbert
Legal Services Alabama
Larry Gardella
Ken Lay
Cartoonist
Leilah Rampa
Special thanks
The Community Foundation of Greater Birmingham
supported ACPP’s editorial work on this project. The
Southern Poverty Law Center sponsored the printing. The
Alabama Power Foundation supported production and
distribution of the Spanish-language version.
Portions of this handbook were adapted from materials
developed by the Legal Aid Society of Middle Tennessee
and the Cumberlands.
Introduction
A decent place to live
Before you move in…
Check the place out.
Check the lease.
While you live there…
You have the right to a livable dwelling.
You have the responsibility to be
a good tenant.
What to do when something needs fixing
When it’s time to get out…
What the law says about moving
What the law says about eviction
Protecting your rights…
What the law says about monetary
damages
What federal law says about fair housing
Where to get legal help
Glossary
Contents
1
2
4
6
8
9
12
14
16
17
18
19
Introduction
A decent place to live
More than 500,000 Alabama households live in rental
housing. For a long time, there was no state law
protecting the rights of renters. As of January 1, 2007, it’s
a different story. We now have the Alabama Landlord-
Tenant Law to help make sure every rental house and
apartment is a decent place to live.
The law covers most major aspects of an oral or
written lease for a place that you rent to live in. It does
not apply to a place where you run a business. The law
spells out what makes a dwelling livable and lists the basic
rights and duties of both tenants and landlords.
This handbook tells you what’s in the landlord-tenant
law, along with some basic information for renters.
There are sections on what you need to do before you
move into a place, while you live there, when you move
out, and when you need legal help on a tenant issue. If
you have specific questions about your rights as a tenant,
you should contact a lawyer – the handbook is not a
substitute for legal advice. You’ll find contact information
for free legal services on Page 18. A glossary in the back
defines technical terms you may find useful as a tenant.
1
Check the place out
Always look at a place before you sign a lease or move in.
Make sure it is in good shape, safe and livable.
What should I look for?
The law requires that a rental apartment or house be
livable. To make sure a place meets the requirements of
the law:
► Run water and see if it drains quickly.
► See that the toilet flushes properly.
► Make sure there are no loose wires or missing outlets.
► Walk around to find out if the floor is sturdy or if it
“gives” in places.
► Check the floors, walls and ceiling for any holes.
► See that the windows and doors are sealed properly.
► Look for water stains and other signs of leaks.
► See that the heater and air conditioner work.
► If the place comes with a refrigerator or stove, make
sure these things work.
► Look over the grounds and other common areas, such
as halls or laundry rooms, to make sure they’re clean
and safe.
Before you move in . . .
2
What if I find problems?
Think about renting somewhere else. A landlord who tries
to rent a place before fixing it may not be a good landlord.
If you do want to live there, take these steps to address
the problems:
► Make a list of the problems you see.
► Ask the landlord to agree to fix all those problems.
► Write down that she agrees not to charge you for these
repairs.
► Write down when she agrees to finish the repairs.
► Have your landlord sign the paper.
► Keep the paper with your important documents.
3
Check the lease
Your rights under the Alabama Landlord-Tenant Law
apply whether or not you have a written lease. If you do
have a written lease, make sure you review it before signing.
What should I look for in the lease?
► Check the amount of rent and late charges.
► Check the amount of your security deposit. The law
limits most security deposits to no more than one
month’s rent.
► Check the date you can move in.
► Check the term of your lease – how long the lease will
last.
► Check to see who has to pay for what kind of repairs.
(See also page 9.)
► Read as much as you can of the “fine print.” After
covering the main points, many people don’t take the
time to read the whole lease. But the more you read,
the more you’ll know about what you’re agreeing to do
by signing the lease
.
4
Watch out for wording that asks you to give up
your tenant rights. The landlord can’t make you:
►
Relieve the landlord of his obligation to provide a
livable dwelling.
► Limit the amount of the landlord’s liability in case he
violates the lease.
► Pay the landlord’s attorney fees or the cost of
collecting rent.
What if the landlord makes a promise that’s
not in the lease?
►
Do not sign a lease that’s different from what you
agreed on.
► See if the landlord will agree to changes in the written
lease.
► If so, you and the landlord should both sign the
changes.
What if I have to pay money when I sign the
lease?
►
Be sure you know what any money you pay is for.
► If some is for a security deposit, get a receipt that says
so. If some is for the first month’s rent, get a receipt
that says so.
► Keep a signed copy of the lease and all receipts with
your important papers.
5
You have the right to a livable
dwelling.
The law says the landlord has to do certain
things to keep your place livable:
►
Meet all building and housing codes that affect health
and safety.
► Maintain all electrical, plumbing, sanitary, heating,
ventilating and air conditioning systems in good
working order.
► Supply running cold and hot water.
► Provide a source of heat in the winter. If you pay for
heat directly, however, your landlord doesn’t have to
pay your bill.
► Provide and maintain garbage containers.
► Keep common areas clean and safe.
► Let you have peaceful enjoyment of your place.
► Make repairs to keep your place safe and livable.
While you live there . . .
6
The law allows the landlord to have rules and
regulations.
►
The rules have to apply to all tenants.
► The rules have to promote the convenience, safety or
welfare of the tenants or protect the property from
abuse.
► The landlord has to inform you of the rules before you
sign the lease.
► During your lease term, the landlord can’t enforce a
new rule that affects your use of your own place
without your written consent.
In addition, the law says the landlord can’t
:
►
Raise the rent or make other changes during the term
of your lease.
► Engage in retaliatory conduct. This means the landlord
can’t threaten to evict you, decrease your services, or
raise your rent because you complain to him or to a
government agency about a problem affecting health
or safety, or because you form or join a tenants’ union.
7
You have the responsibility to be
a good tenant.
The law also spells out things you have to do:
► Pay your rent on time. If you owe a late fee, pay it with
your rent. If you pay in cash or by cashier’s check, it’s a
good idea to get a receipt signed by the landlord. Save
money order receipts and cancelled checks.
► Keep the place clean and in good shape.
► Use all electrical, plumbing, heating, ventilating and air
conditioning systems in a reasonable manner.
► Dispose of your garbage and rubbish the right way.
► Do your part to keep the common areas clean and safe.
► Let the landlord come into your place (usually with 2
days’ written notice) to inspect the condition or make
repairs.
► Follow the landlord’s rules for use of the property.
► Tell your landlord if you’re going to be away for two
weeks or longer.
The law includes some “don’ts” for the tenant:
► Don’t disturb your neighbors.
► Don’t trash the place.
► Don’t let your guests trash the place.
Most leases warn tenants not to break the law or let their
friends break the law on the property.
8
What to do when something
needs fixing
Routine repairs
Buildings need regular maintenance in order to stay
livable.
As a tenant, you are responsible for keeping your
place clean and not abusing it. Any building that people
live in will show signs of everyday use – like worn carpet
or peeling paint. This is called “normal wear and tear,”
and the tenant is not responsible for fixing it. The
landlord can enter your place with 2 days’ written notice
in order to do upkeep and repairs. In an emergency, she
can enter without notice.
When something needs routine repair (not
affecting health or safety):
►
Write a letter about the problem to your landlord.
Include the date, and keep a copy in a safe place.
► If you live in an apartment, you and the landlord can
agree in writing that you will make certain repairs at
your own expense. The law doesn’t allow you to make
repairs and deduct the cost from your rent.
9
Hazards and serious damage
If there’s an unsafe condition (like bad wiring
or a sewage leak) that you didn’t cause:
► First, contact the landlord and ask her to fix the
problem. If the landlord doesn’t respond, tell her by
letter that you will terminate the lease if she doesn’t
make the repairs within 14 days of receiving notice.
Take pictures of the damage for your records.
► If the landlord doesn’t make the repairs within that
time, call a lawyer. You may be able to break the lease
and get back your security deposit and prepaid rent.
► If the landlord fails to fix a health hazard like rats or
sewage, call the Health Department.
► If the landlord fails to fix a safety hazard like bad
wiring or plumbing, call the housing inspector.
► It’s against the law for the landlord to threaten to
evict you or raise your rent for asking to have these
problems fixed or for reporting them to authorities.
If you or your guest damage the place:
► The landlord can ask you to fix an emergency
situation right away.
► If the damage you caused is not an emergency, the
landlord can give you written notice to fix the
problem within 7 days.
► If you don’t fix the problem by that time, the landlord
can enter your place, fix the problem and bill you for
the cost of the repair. You could also face eviction.
10
In case of a fire or natural disaster:
►
If a fire or other event not caused by you damages
your place but you can still live there, the landlord has
to lower your rent in proportion to the amount of
damage. Talk to your landlord and come to an
agreement on the reduced rent.
► If a disaster that’s not your fault destroys your place
or makes it unlivable, you can move out. Within 14
days, tell the landlord in writing that you are
terminating (ending) the lease and want your security
deposit refunded. The landlord will have to refund
your full security deposit, and you won’t have to pay
any more rent on the place.
► If you cause a fire that damages or destroys your
place, the landlord can hold you responsible for the
cost of the damage.
11
If you’re moving at the end of your lease:
►
Read what the lease says about the termination or end of
the lease. The lease may say how far ahead you have to
tell the landlord that you are not renewing (usually one
month). It may say you have to tell him in writing.
► Ask the landlord about your security deposit and leave a
forwarding address. He has 35 days after the end of
the lease to refund the deposit to you. You forfeit (or
give up) your security deposit if you don’t cash the
check within 180 days.
► The landlord will inspect your place, so clean it before
you leave. You don’t want a dirty stove or junky porch
to allow the landlord to keep your security deposit.
► If you damaged something in the place, the landlord
can fix it and subtract the cost from your security
deposit. If so, he has to give you a written list of the
damages and the costs of repairs and state the full
amount being taken out of your security deposit. He
has to send you this list, along with the rest of the
deposit, within 35 days of the end of the lease.
► If the landlord doesn’t refund the security deposit or
give you a list of the repairs and deductions within the
35 days, he will owe you double the amount of the
original security deposit. If he then refuses to pay you
double the amount of the security deposit, you can sue
him for it in court. Talk to a lawyer first.
What the law says about moving
When it’s time to get out …
12
If you move out before the lease is up:
►
If you break the lease by moving out early, you may
owe extra rent – up to the total number of months left
on your lease.
► If you want to end your lease because the landlord
failed to repair an unsafe condition within 14 days or
because a fire or other disaster destroyed your place,
talk to a lawyer.
13
When can my landlord make me leave?
►
Only the court can make you leave.
►
The landlord can’t change the locks to make you leave;
► Can’t shut off your lights or other utilities;
► Can’t put your things out on the street if you’ve been
there in the past two weeks (only a sheriff can do that).
► If the landlord wants you to leave, she has to send you
an eviction notice.
When can the landlord seek to evict me?
►
When your lease is over.
► When you break the lease by failing to pay rent,
damaging the property, leaving garbage piled up, or
repeatedly breaking the landlord’s rules and regulations.
► When you’ve been gone for two weeks or longer
without notice. If the landlord thinks you’ve
abandoned the place, she can mail you a termination
notice or leave one at your place. Two weeks after the
notice, she can move your furniture and all other
property out of the place and dispose of it.
What the law says about eviction
14
What does the landlord have to do to start the
eviction process?
►
If your landlord wants to evict you, she first has to
notify you in writing and give the reason. You have a
time limit to fix the problem – 7 days for failure to pay
rent, 14 days for most other reasons.
► If you fix the problem within that time, the landlord
should stop trying to evict you. If you paid the rent
due, keep the cancelled check. If you made repairs, get
the landlord to sign a paper saying they’re okay.
► If you don’t fix the problem within that time, the
landlord can file eviction papers in court.
► You will receive the written eviction notice, usually
from a sheriff ’s deputy. If this happens, contact a
lawyer right away.
►
You have only 7 days from the time you received the
written eviction notice for your lawyer to file a written
answer to it in court. If you don’t have a lawyer, go to
the clerk’s office of the court that issued the eviction
notice and ask to file a handwritten answer.
What if the court rules against me?
►
You have the right to appeal.
► If a district court rules against you, you have the right
to request a jury trial in circuit court.
► In order to stay in your home while waiting for a trial,
you have to pay rent to the court.
15
What the law says about
monetary damages
If you think your landlord is breaking your
lease or violating the landlord-tenant law:
►
Contact a lawyer. To recover monetary damages or get an
injunction to stop the landlord from continuing to
violate the law, you will have to file a legal action
against him; or
► If the landlord has filed an eviction against you, you
can raise these matters in the eviction proceedings.
► In any legal action, if you win, you may receive money
called attorney fees, to offset what you may have to
pay for your lawyer.
Your landlord also has rights and protections
in case you break your lease or violate your
legal obligations as a tenant:
►
If you don’t fix a violation (like piled-up garbage or a
window your child broke), your landlord can sue you
for damages or get an injunction against you.
► Contact a lawyer right away if you receive notice that
this is happening.
► If the landlord wins in court, you may have to pay
monetary damages, as well as the landlord’s attorney
fees, in addition to your own.
Protecting your rights . . .
16
In addition to your lease and the Alabama Landlord-Tenant Law,
you have rights and protections under the federal Fair Housing Act.
Your landlord cannot treat you differently from
other tenants because of:
The federal law says that the landlord has to
make “reasonable accommodations” for
people with disabilities such as:
If you have a disability, your landlord:
► May have to let you make changes to your place at your
own expense, such as adding a wheelchair ramp.
► May have to bend the rules a bit. For example, you can
have a “Seeing Eye dog” even if your landlord has a
“no pets” rule.
What federal law says about
fair housing
► Your race or skin color
► Your birth country
► Your sex
► Your religion
► Your children
► Your disability
► Need for a wheelchair
► Not seeing or hearing
well
► Mental retardation
► Mental illness
► AIDS or HIV
► Other problems that
limit basic activities
If your landlord is violating your fair housing rights, turn to
the next page for information about legal help.
17
If you have low income and
need legal assistance to deal
with an eviction notice or other
housing issue, call Legal Services
Alabama in the following cities:
Anniston
(256) 237-3615
Toll-free (800) 884-0595
Birmingham
(205) 328-3540
Dothan
(334) 793-7932
Toll-free (800) 701-0926
Florence
(256) 767-2020
Toll-free (800) 467-3150
Huntsville
(256) 536-9645
Toll-free (888) 741-7129
Mobile
(251) 433-6560
Toll-free (800) 403-4872
Montgomery
(334) 832-4570
Toll-free (800) 844-5342
Opelika
(334) 826-6828
Toll-free (800) 331-5826
Selma
(334) 872-1355
Toll-free (800) 644-6028
Tuscaloosa
(205) 758-7503
Toll-free (888) 440-3256
If your landlord is discriminating
against you because of your race,
religion, disability or other factor,
contact:
Central Ala. Fair Housing
(334) 263-HOME (4663)
Fair Housing Center of
N. Ala.
(205) 324-0111
Mobile Fair Housing
Center
(251) 479-1532
For names of lawyers in your
area who are experienced in
housing issues, contact:
Alabama Bar Association
Lawyer Referral Service
(334) 269-1515
Where to get legal help
18
Glossary
abandonment – leaving a place of residence and giving
up rights to it without intending to return.
Alabama Landlord-Tenant Law – 2006 statute,
effective Jan. 1, 2007, that defines a livable dwelling and
outlines basic rights and duties of tenants and landlords in
the state.
breach of contract – a violation of the terms of a
legal agreement.
eviction – lawful removal of a tenant, usually after
violation of a lease.
exculpatory clause – in a lease, wording that protects
the landlord from liability for a breach of contract.
habitability – the extent to which a dwelling is fit to be
occupied.
injunction – action by a court to stop an unlawful
activity.
landlord (or lessor) – a person who rents property to
another.
lease – a contract granting use of a property for a
specified time period.
liability – an obligation to pay money to another party.
monetary damages – cash payment ordered by a
court in compensation for a breach of contract.
rent – payment made for the temporary use of property.
19
Glossary (continued)
retaliatory action – something done as punishment in
return for another action.
security deposit – an amount paid up front by a tenant
to a landlord to be given up, if necessary, to pay for
damages.
tenant (or lessee) – a person who pays rent to use a
property.
termination – the act of ending an agreement.
utilities – services, such as gas, electricity, water and
sewer, that are required in any dwelling and usually billed
separately.
waiver clause – in a lease, wording by which one party
gives up certain rights.
20
