Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-421

Noncompliance with Rental Agreement; Failure to Pay Rent.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026AlabamaEviction & Just Cause

Operative Text

Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-421
(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, an intentional misrepresentation of a material fact in a rental agreement or application, or a noncompliance with Section 35-9A-301 materially affecting health and safety, the landlord may deliver a written notice to terminate the lease to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice. An intentional misrepresentation of a material fact in a rental agreement or application may not be remedied or cured. If the breach is not remedied within the seven business days after receipt of the notice to terminate the lease, the rental agreement shall terminate on the date provided in the notice to terminate the lease unless the tenant adequately remedies the breach before the date specified in the notice, in which case the rental agreement shall not terminate.

(b) If rent is unpaid when due, the landlord may deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed to remedy the breach and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice. If the breach is not remedied within the seven business days, the rental agreement shall terminate. If a noncompliance of rental agreement occurs under both subsection (a) and this subsection, the seven-day notice period to terminate the lease for nonpayment of rent in this subsection shall govern.

(c) Except as provided in this chapter, a landlord may recover actual damages and reasonable attorney fees and obtain injunctive relief for noncompliance by the tenant with the rental agreement or Section 35-9A-301.

(d) Notwithstanding Section 35-9A-141, no breach of any of the terms or obligations of the lease may be cured by a tenant more than two times in any 12-month period except by the express written consent of the landlord. The following acts or omissions by a tenant or occupant shall constitute a noncurable default of the rental agreement, and in such cases the landlord may terminate the rental agreement upon a seven-day notice. The tenant shall have no right to remedy such a default unless the landlord consents. Such acts and omissions include, but are not limited to, the following:

(1) Manufacture, cultivation, importation, transportation, possession, furnishing, administering, or use of illegal drugs in the dwelling unit or in the common areas.

(2) Illegal use, manufacture, importation, possession, furnishing, or discharging of a firearm or firearm ammunition on the premises of the rental property, except for the use or discharge of a firearm or firearm ammunition in cases of self-defense, defense of a third party, or as permissible in Section 13A-3-23.

(3) Criminal assault of a tenant or guest on the premises of the rental property, except in cases of self-defense, defense of a third party, or as permissible in Section 13A-3-23.

(4) Any breach involving substantially the same acts or omissions as a breach for which a notice to terminate has previously been provided for by the landlord and cured by the tenant, if the second breach occurs within six months of the first breach.
Source: Legislative text reproduced verbatim
Plain English

Under Alabama Code § 35-9A-421, landlords may begin the process of terminating a tenancy when a tenant materially violates the rental agreement, fails to pay rent, or engages in conduct that affects health and safety. In most cases, the tenant has seven business days after receiving written notice to correct the problem before the lease terminates. However, certain serious violations—such as illegal drug activity, illegal firearm use, criminal assault on the premises, or a repeated breach of the same type within six months—cannot be cured by the tenant, and a landlord may terminate the tenancy on seven days' notice without offering a chance to remedy the situation. Additionally, a tenant may not cure any breach more than twice in a 12-month period without the landlord's written consent.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under § 35-9A-421, compliant operators generally deliver written notices that clearly specify the acts or omissions constituting the breach and the termination date, which must be at least seven business days after the tenant receives the notice. For rent nonpayment, the notice should state the exact amount owed, including any applicable late fees. Operators also track cure history carefully, since tenants lose the right to remedy a breach a third time within any 12-month period absent express written consent, and certain conduct—such as illegal drug activity or criminal assault on the premises—is classified as noncurable from the outset.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 35-9A-421 gives tenants the right to remedy most lease violations within seven business days of receiving a written termination notice, and if the breach is adequately cured in that window, the lease does not terminate. However, certain serious violations—including illegal drug activity, illegal firearm use, or criminal assault on the premises—are classified as noncurable, meaning no right to remedy exists. Tenants who believe a notice was improperly issued or that a violation was wrongly classified as noncurable may consider consulting a tenant-rights organization or a licensed attorney familiar with Alabama landlord-tenant law.

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.

Effective Timeline

Current
Oct 16, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Ala. Code § 13A-3-23
Not yet ingested

References In

Rules and statutes that cite this regulation

Ala. Code § 35-9A-141
Ala. Code § 35-9A-441
Ala. Code § 35-9A-141
Ala. Code § 35-9A-302
Ala. Code § 35-9A-204
Ala. Code § 35-9A-301
Ala. Code § 35-9A-204
Ala. Code § 35-9A-441
Ala. Code § 35-9A-201
Ala. Code § 35-9A-422
Ala. Code § 35-9A-204
Ala. Code § 35-9A-201
Ala. Code § 35-9A-203
Ala. Code § 35-9A-204
Ala. Code § 35-9A-201
Ala. Code § 35-9A-401
Ala. Code § 35-9A-201
Ala. Code § 35-9A-201
Ala. Code § 35-9A-301
Ala. Code § 35-9A-141
Ala. Code § 35-9A-301
Ala. Code § 35-9A-304
Ala. Code § 35-9A-161
Ala. Code § 35-9A-421
Ala. Code § 35-9A-401
Ala. Code § 35-9A-204
Ala. Code § 35-9A-407
Ala. Code § 35-9A-401
Ala. Code § 35-9A-163

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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Fetched:Oct 16, 2026, 11:48 AM UTC