Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-122
Exclusions from Application of Chapter.
Operative Text
Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: (1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service; (2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the interest of the purchaser; (3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (4) transient occupancy in a hotel, motel, or lodgings; (5) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises; (6) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; (7) occupancy under a rental agreement covering premises rented by the occupant primarily for agricultural purposes; (8) continuation of occupancy by the seller or a member of the seller’s family for a period of not more than 36 months after the sale of a dwelling unit or the property of which it is a part.
Alabama Code § 35-9A-122 carves out eight specific living arrangements from the state's Uniform Residential Landlord and Tenant Act. These exclusions cover situations such as institutional residency, occupancy tied to a contract of sale, employee housing, condominium ownership, agricultural rentals, hotel or motel stays, fraternal-organization housing, and post-sale seller occupancy of up to 36 months. The exclusions only apply when the arrangement is genuine — any arrangement structured specifically to sidestep the chapter's protections is still treated as subject to it.
Plain English — not legal advice.
Property owners and managers operating under any of the eight arrangements listed in § 35-9A-122 — such as employee housing, agricultural leases, or post-sale occupancy agreements — generally document the nature of the arrangement clearly so that its basis for exclusion is evident on its face. Compliant operators are careful not to structure an otherwise covered tenancy to look like an excluded arrangement, since the statute expressly disregards exclusions created to avoid the chapter's requirements. Keeping records that reflect the genuine character of the occupancy helps demonstrate that the exclusion applies legitimately.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are living in a situation that a landlord claims falls outside Alabama's residential landlord-tenant protections under § 35-9A-122, it is worth understanding which of the eight listed categories is being invoked and whether your arrangement was genuinely of that type from the outset. The statute provides that any arrangement created specifically to avoid the chapter's protections is still governed by it, which can be raised as a point of inquiry or a defense in a dispute. Tenant-rights organizations and legal aid offices familiar with Alabama housing law can help you evaluate whether a claimed exclusion appears to apply to your circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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