Residential Lease Agreement

RESIDENTIAL LEASE AGREEMENT

(State of Alabama)

TABLE OF CONTENTS

1. Definitions
2. Lease of Premises & Term
3. Rent; Additional Charges
4. Security Deposit
5. Possession & Condition of Premises
6. Use of Premises; Occupancy Limits
7. Maintenance, Repairs & Habitability
8. Utilities & Services
9. Landlord’s Access
10. Alterations & Improvements
11. Insurance Requirements
12. Indemnification & Liability Limitation
13. Assignment & Subleasing
14. Rules & Regulations
15. Default; Notice & Cure
16. Landlord’s Remedies
17. Tenant’s Remedies
18. Entry, Holdover & Abandonment
19. Casualty & Condemnation
20. Force Majeure
21. Governing Law; Forum; Jury Trial
22. Miscellaneous Provisions
23. Signatures & Acknowledgments

1. DEFINITIONS

For purposes of this Lease, the capitalized terms below have the meanings indicated. Terms defined in the singular include the plural and vice-versa.

“Abandonment” – Vacating the Premises without notice while rent or other obligations remain outstanding and the Premises appear unoccupied.

“Additional Rent” – A payment other than Base Rent that applicable law and this Lease validly require Tenant to make to or for Landlord’s benefit. This term does not include a prohibited attorney-fee, collection-cost, indemnity, or other unenforceable charge.

“Base Rent” – The recurring monthly rental payment set forth in Section 3.1.

“Commencement Date” – [COMMENCEMENT DATE].

“Landlord” – [LANDLORD LEGAL NAME], its successors and assigns.

“Lease Term” – The period beginning on the Commencement Date and ending on the Expiration Date, as stated in Section 2.2.

“Premises” – The residential dwelling located at [PREMISES ADDRESS], together with all appurtenant areas exclusively reserved for Tenant’s use.

“Security Deposit” – The amount described in Section 4.1.

“Tenant” – [TENANT LEGAL NAME], and all permitted occupants listed in Section 6.2.

2. LEASE OF PREMISES & TERM

2.1 Grant. Landlord hereby leases the Premises to Tenant, and Tenant leases the same from Landlord, subject to the terms of this Lease.

2.2 Term. The Lease Term shall commence on the Commencement Date and terminate at 11:59 p.m. on [EXPIRATION DATE] (the “Expiration Date”), unless sooner terminated in accordance with this Lease or applicable law.

2.3 Option to Renew (If Elected).
Tenant may renew the Lease Term for one (1) additional period of [RENEWAL PERIOD] by delivering written notice to Landlord at least sixty (60) days before the Expiration Date. All terms herein shall continue during the renewal term except Base Rent, which shall increase to [RENEWAL RENT].

3. RENT; ADDITIONAL CHARGES

3.1 Base Rent. Tenant shall pay Landlord Base Rent of $[MONTHLY RENT] per month, due in advance on or before the first (1st) calendar day of each month.

3.2 Method of Payment. Payments shall be made by [acceptable forms: e.g., personal check, certified funds, electronic transfer] to [PAYEE NAME AND ADDRESS] or as otherwise directed in writing by Landlord.

3.3 Late Charge. If any Rent remains unpaid after the close of business on the [GRACE PERIOD] day following the due date, Tenant shall pay a late charge of $[LATE FEE] plus interest at [INTEREST RATE]% per annum on the overdue amount until paid.

3.4 Returned Payment Fee. Tenant shall pay $[NSF FEE] for each dishonored payment, together with any bank charges incurred by Landlord.

3.5 Additional Rent. Only a lawful payment obligation included in the statutory definition of rent or expressly treated as rent by applicable law may be collected as Additional Rent. Labeling an amount “Additional Rent” does not independently create a possession remedy.

4. SECURITY DEPOSIT

4.1 Amount; Payment. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount of $[SECURITY DEPOSIT AMOUNT], not to exceed one (1) month’s rent as required under Alabama law, plus any lawful additional deposits (e.g., for pets).

4.2 Use; Non-Application to Rent. The Security Deposit secures Tenant’s performance of all obligations hereunder and shall not be applied by Tenant toward the final month’s rent without Landlord’s written consent.

4.3 Return and Accounting. Within 60 days after termination of the tenancy and delivery of possession, Landlord shall mail the amount due and, if any amount is withheld, an itemized list. Tenant shall provide a valid forwarding address in writing. Mailing by first-class mail to the written forwarding address, or otherwise as directed by Ala. Code § 35-9A-201(d)-(e), controls compliance. Failure to mail a timely refund or accounting requires Landlord to pay double the original deposit under § 35-9A-201(f).

5. POSSESSION & CONDITION OF PREMISES

5.1 Delivery. Landlord shall deliver possession of the Premises to Tenant on the Commencement Date in a safe, sanitary, and habitable condition, in compliance with all applicable building, housing, and health codes.

5.2 Inspection. Tenant acknowledges receipt of a move-in inspection form and shall return it within [NUMBER] days after occupancy, noting visible defects or damage. Failure to return the form does not waive a statutory right or create conclusive evidence concerning a latent, unsafe, or later-discovered condition.

6. USE OF PREMISES; OCCUPANCY LIMITS

6.1 Residential Use Only. The Premises shall be used solely for private residential purposes and for no commercial or unlawful purpose.

6.2 Occupants. Only the following individuals may occupy the Premises without Landlord’s written consent: [LIST OF OCCUPANTS]. Any additional occupant for more than [GUEST LIMIT] consecutive nights constitutes a default.

6.3 Pets. [Select and review for fair-housing accommodation compliance:]
(a) No pets are permitted. —OR— (b) Pets are permitted subject to [A REFUNDABLE PET DEPOSIT / A LAWFUL NONREFUNDABLE PET FEE] of $[AMOUNT] and the attached pet rules. No selected pet rule limits the reasonable-accommodation duty imposed where 42 U.S.C. § 3604(f)(3)(B) applies.

7. MAINTENANCE, REPAIRS & HABITABILITY

7.1 Landlord Obligations. Landlord shall:
(a) Comply with applicable building and housing codes materially affecting health and safety;
(b) Make repairs and do what is necessary to put and keep the Premises in a habitable condition;
(c) Keep common areas clean and safe;
(d) Maintain supplied or required electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevator, and other facilities and appliances in good and safe working order;
(e) Provide and maintain appropriate waste receptacles and arrange for removal; and
(f) Supply running water, reasonable hot water, and reasonable heat, subject to the statutory utility-control exceptions and any valid separate maintenance agreement under Ala. Code § 35-9A-204(c)-(e).

7.2 Tenant Obligations. Tenant shall:
(a) Keep the Premises clean and sanitary;
(b) Promptly notify Landlord of needed repairs;
(c) Use fixtures and appliances in a reasonable manner;
(d) Not deliberately or negligently damage the Premises;
(e) Be responsible for repairs caused by Tenant, occupants, or guests.

7.3 Failure to Maintain. Failure of Landlord to fulfill obligations after reasonable notice and opportunity to cure grants Tenant the rights and remedies under Alabama law, including potential termination under Section 17.

8. UTILITIES & SERVICES

8.1 Tenant-Paid Utilities. Tenant shall timely pay for electricity, [OTHER], and all other utilities not expressly assumed by Landlord.

8.2 Landlord-Paid Utilities. Landlord shall provide [LIST, e.g., water, sewer, garbage] as part of Base Rent.

8.3 Interruption. A temporary interruption genuinely beyond Landlord’s control does not create a contractual remedy by itself. Nothing in this section limits a remedy for Landlord’s breach, willful or negligent failure, or noncompliance with Ala. Code §§ 35-9A-204, 35-9A-401, or 35-9A-404.

9. LANDLORD’S ACCESS

9.1 Notice; Timing. Landlord shall not abuse access or use it to harass Tenant. Except for a statutory exception, consent, impracticability, a qualifying advance schedule, or Tenant-requested work, Landlord shall give at least two days’ prior notice and enter only at reasonable times for a purpose authorized by Ala. Code § 35-9A-303.

9.2 Entry Without Consent. Landlord may enter without Tenant’s consent only in circumstances authorized by Ala. Code § 35-9A-303(b), including an emergency, a court order, qualifying abandonment or extended absence, and the limited showing procedure supported by the required separate signed general notice.

9.3 Refusal. Tenant’s unreasonable refusal of lawful entry constitutes a default.

10. ALTERATIONS & IMPROVEMENTS

Tenant shall make no structural alterations without Landlord’s prior written consent. All permitted improvements shall become Landlord’s property upon installation unless otherwise agreed in writing.

11. INSURANCE REQUIREMENTS

11.1 Tenant Insurance. Tenant shall maintain renter’s insurance, including liability coverage of not less than $[LIMIT] per occurrence, naming Landlord as an additional insured.

11.2 Landlord Insurance. Landlord shall maintain the building coverage selected in the Lease. Landlord’s policy ordinarily protects Landlord’s insured interests, not Tenant’s property; this allocation does not exculpate or limit Landlord liability arising under law.

12. INDEMNIFICATION & LIABILITY LIMITATION

12.1 Tenant Responsibility. Tenant remains responsible for actual harm caused by Tenant’s or a permitted occupant’s deliberate, reckless, or negligent conduct to the extent imposed by law. This clause is not an agreement to indemnify Landlord for Landlord liability arising under law, for related costs, or for attorney fees or collection costs prohibited by Ala. Code § 35-9A-163(a).

12.2 Non-Waiver of Landlord Liability. The Security Deposit does not cap Landlord's liability. Nothing in this Agreement waives or limits a tenant right or landlord duty that cannot be waived or limited under applicable law.

13. ASSIGNMENT & SUBLEASING

Tenant shall not assign this Lease or sublet all or any part of the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Any unauthorized transfer is void and constitutes a default.

14. RULES & REGULATIONS

Tenant shall comply with enforceable rules attached as Exhibit A. A rule must satisfy Ala. Code § 35-9A-302(b), including fair application, sufficient clarity, a proper purpose, reasonable relation to that purpose, and notice. A later rule that substantially modifies Tenant’s use is invalid without Tenant’s written consent; in a conflict, this Lease prevails over the rule.

15. DEFAULT; NOTICE & CURE

15.1 Tenant Default. Each of the following constitutes a default:
(a) Failure to pay Rent when due. Any termination notice for nonpayment must state the rent and late fees needed to cure and allow at least seven business days after receipt under Ala. Code § 35-9A-421(b);
(b) Material noncompliance with this Lease, an intentional material misrepresentation, or noncompliance with Ala. Code § 35-9A-301 materially affecting health and safety. Except for a statutory noncurable default, a termination notice must allow at least seven business days after receipt to cure under § 35-9A-421(a);
(c) Abandonment of the Premises;
(d) A noncurable default or repeat-breach circumstance established by Ala. Code § 35-9A-421(d); or
(e) Any other material breach for which applicable law permits the selected remedy.

15.2 Landlord Noncompliance. Material noncompliance by Landlord with this Lease, or noncompliance with Ala. Code § 35-9A-204 materially affecting health and safety, is governed by § 35-9A-401. A termination notice must specify the breach and a termination date not less than 14 days after Landlord receives it. The Lease does not terminate if Landlord adequately remedies a curable breach before that date. Conditions caused by Tenant or a person on the Premises with Tenant’s consent are subject to § 35-9A-401(a)(2).

15.3 Notices. All default notices shall be in writing and delivered in accordance with Section 22.4.

16. LANDLORD’S REMEDIES

Upon Tenant default, Landlord may, subject to statutory notice requirements:
(a) Terminate this Lease;
(b) File an eviction action in the Alabama district or circuit court with jurisdiction in the county where the Premises are located under Ala. Code § 35-9A-461;
(c) Recover unpaid Rent, late fees, and Additional Rent;
(d) After termination, apply the Security Deposit only to accrued rent and damages authorized and itemized under Ala. Code § 35-9A-201;
(e) Seek injunctive relief including but not limited to writs of possession;
(f) Seek attorney fees only when a statute authorizes the award and the court awards them; this Lease does not require Tenant to pay Landlord’s attorney fees or collection costs.

17. TENANT’S REMEDIES

If Landlord defaults and fails to cure within the statutory period, Tenant may:
(a) Terminate this Lease by written notice;
(b) Seek damages as permitted by law;
(c) Exercise any other rights available under the Alabama Uniform Residential Landlord and Tenant Act.

18. ENTRY, HOLDOVER & ABANDONMENT

18.1 Surrender. Tenant shall surrender the Premises in broom-clean condition, ordinary wear and tear excepted, by the Expiration Date or earlier termination.

18.2 Holdover. If Tenant remains without Landlord’s consent after expiration or termination, Landlord may bring an action for possession. Additional recovery under Ala. Code § 35-9A-441(c) requires a willful holdover not in good faith and is limited to the greater of actual damages or an amount not more than three months’ periodic rent, plus reasonable attorney fees as awarded under the statute. No automatic double-rent charge applies.

18.3 Abandonment. Upon Abandonment, Landlord may retake possession, relet, and recover damages as allowed by law.

19. CASUALTY & CONDEMNATION

19.1 Casualty. If fire or casualty not caused by Tenant substantially impairs enjoyment, Tenant may immediately vacate and notify Landlord in writing within 14 days after vacating of the intent to terminate, effective on the vacating date. If continued occupancy is lawful, Tenant may vacate the unusable portion and rent is reduced in proportion to the diminution in fair rental value. Deposit, prepaid-rent, and accounting consequences are governed by Ala. Code § 35-9A-406.

19.2 Condemnation. The effect of an eminent-domain taking, the termination date, rent allocation, possession, and entitlement to any award shall be determined under the taking instrument, applicable law, and a counsel-approved addendum. This Lease makes no universal allocation of a condemnation award.

20. FORCE MAJEURE

An event beyond a Party’s reasonable control does not waive, suspend, or extend a nonwaivable statutory duty, notice period, habitability obligation, access rule, casualty remedy, payment duty, or court deadline. Any contractual excuse applies only to the extent performance is genuinely prevented and applicable law permits the excuse.

21. GOVERNING LAW; FORUM; JURY TRIAL

21.1 Governing Law. This Lease is governed by Alabama law, including the Alabama Uniform Residential Landlord and Tenant Act (“URLTA”), without regard to conflict-of-law rules.

21.2 Forum Selection. Actions arising under this Lease shall be filed in an Alabama district or circuit court having subject-matter jurisdiction and proper venue. Alabama does not use a statewide court called “Housing Court.”

21.3 Jury Trial. Nothing in this Lease waives a right to jury trial. The Parties are not attempting to prescribe the form or validity standard for any future waiver.

21.4 Available Relief. Each Party may seek injunctive relief when authorized. Eviction and a writ of possession require the statutory court process and are not created by labeling them equitable relief.

22. MISCELLANEOUS PROVISIONS

22.1 Amendments. No amendment or modification is valid unless in writing signed by both parties.

22.2 Severability. If any provision is held invalid, the remainder of this Lease shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.

22.3 Entire Agreement. This Lease, including all exhibits and addenda, constitutes the entire agreement and supersedes all prior negotiations.

22.4 Notices. Contract notices shall be in writing and delivered by [SELECT METHODS] to the addresses below. A notice invoking a statutory remedy must also satisfy the content, delivery, receipt, and timing requirements of the governing statute; an email copy does not replace a required method unless applicable law permits it.

22.5 Successors & Assigns. This Lease binds and benefits the parties and their legal successors and permitted assigns.

22.6 Counterparts; Electronic Signatures. This Lease may be executed in counterparts. The Parties agree to use electronic records and signatures; under Ala. Code § 8-1A-7, a record, signature, or contract may not be denied legal effect solely because it is electronic, subject to attribution and other applicable law.

23. SIGNATURES & ACKNOWLEDGMENTS

IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement as of the Effective Date.

LANDLORD’S CONTACT INFORMATION

Manager Name and Business Address: [NAME AND ADDRESS]
Owner or Authorized Service-and-Notice Recipient Name and Business Address: [NAME AND ADDRESS]
Phone: [LANDLORD PHONE]
Email: [LANDLORD EMAIL]

Landlord shall keep the written management, ownership, service, and notice information required by Ala. Code § 35-9A-202 current throughout the tenancy.

TENANT’S FORWARDING ADDRESS (for Security Deposit Return)

Address: [FORWARDING ADDRESS]

EXHIBIT A

Rules & Regulations

1. Quiet Hours: 10 p.m.–7 a.m.
2. Trash Disposal: Place refuse in designated containers only.
3. Parking: One vehicle per Tenant; no inoperable vehicles.
4. No smoking in common areas or within 25 feet of entrances.
5. Other: [ADD RULES AS REQUIRED].

[End of Lease]

SOURCES AND REFERENCES

• Alabama Legislature, Code of Alabama
• Current Title 35, Chapter 9A sections were retrieved from the Legislature’s official Code API using the section identifiers listed in statutory_authority.
• GovInfo, 42 U.S.C. § 3604