Tenant Rights in Foley, Alabama (2026 Guide)

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Key Takeaways

No rent control. Alabama Code § 11-80-8.1 prohibits any Alabama city or county from enacting a rent-control ordinance.
Landlords must return your deposit within 35 days of move-out with an itemized statement; wrongful withholding can entitle you to double damages (Ala. Code § 35-9A-201).
Month-to-month tenancies require at least 30 days' written notice from either side (Ala. Code § 35-9A-441).
No just-cause requirement. Once a fixed-term lease ends, an Alabama landlord may decline to renew for almost any non-discriminatory reason.
Foley Housing Authority, South Alabama Volunteer Lawyers Program, and Legal Services Alabama (Mobile office).

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1. Overview: Tenant Rights in Foley

Foley is a Gulf Coast city in southern Baldwin County, Alabama, just inland from Gulf Shores and Orange Beach. With a population of roughly 24,000 year-round residents and a heavy seasonal influx, Foley has one of the fastest-growing rental markets in the state, ranging from single-family homes and townhomes to long-term rentals in resort-style communities.

Alabama is generally considered a landlord-friendly state. There is no rent control in Foley, and rent increases on month-to-month tenancies are allowed with proper written notice. However, the Alabama Uniform Residential Landlord and Tenant Act (URLTA) — codified at Ala. Code § 35-9A-101 and following — gives renters baseline protections covering security deposits, habitability, retaliation, and the eviction process.

This guide is informational only and is not legal advice. Tenant-landlord disputes in Foley are heard in the Baldwin County District Court (28th Judicial Circuit) in Bay Minette or in Foley's branch courthouse. If you have a serious dispute, contact a licensed Alabama attorney, the South Alabama Volunteer Lawyers Program, or Legal Services Alabama.

2. Does Foley Have Rent Control?

Foley has no rent control, and the city cannot adopt one even if officials wanted to. Alabama Code § 11-80-8.1 expressly preempts the field, prohibiting any county or municipality in the state from enacting an ordinance, resolution, or rule that controls the amount of rent charged for leasing private residential or commercial property.

In practical terms, that means a landlord in Foley may raise the rent by any amount at the end of a fixed-term lease or, on a month-to-month tenancy, by giving the proper written notice required under Ala. Code § 35-9A-441. There is no statewide cap, no local cap, and no requirement that an increase be tied to inflation, the cost of living, or any index. Rent-increase notices may not, however, be used as retaliation for a tenant exercising a legal right (Ala. Code § 35-9A-501).

3. Alabama State Tenant Protections That Apply in Foley

Although Foley has no local rent regulation, Alabama renters are covered by the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code § 35-9A). Key protections include:

Security deposits (Ala. Code § 35-9A-201): Landlords must return your deposit within 35 days of move-out, together with an itemized written statement of any deductions. Wrongful withholding can expose the landlord to double damages plus attorney's fees.
Notice to terminate (Ala. Code § 35-9A-441): A month-to-month tenancy may be ended by either party with at least 30 days' written notice. A weekly tenancy requires 7 days' notice.
Habitability and repairs (Ala. Code § 35-9A-204): Landlords must maintain the unit in a fit and habitable condition — including working heat, plumbing, electrical service, and weatherproofing. After written notice from the tenant, if the landlord fails to remedy a material non-compliance within 14 days, the tenant may terminate the lease or pursue other statutory remedies.
Retaliation prohibited (Ala. Code § 35-9A-501): A landlord may not raise rent, decrease services, or threaten eviction because a tenant complained to a code-enforcement agency, asked for repairs, or otherwise exercised a legal right.
No self-help eviction (Ala. Code § 35-9A-407): Landlords cannot lock you out, remove your doors or windows, or shut off utilities to force you out. They must use the formal court eviction process.

4. Security Deposit Rules in Foley

Security deposits in Foley are governed by Ala. Code § 35-9A-201. The statute caps the standard deposit at one month's rent (excluding pet, pest, or non-refundable cleaning deposits, which may be charged separately) and sets the rules for return:

The landlord has 35 days after termination of the tenancy and delivery of possession to return your deposit.
If any amount is withheld, the landlord must provide a written, itemized statement of the deductions.
If the landlord fails to comply or wrongfully withholds funds, you may be entitled to recover the wrongfully withheld amount plus an additional equal amount as a penalty (effectively double damages), along with reasonable attorney's fees.

Always provide your forwarding address in writing when you move out, and document the unit's condition with dated photos at move-in and move-out. Coastal Foley rentals can be subject to humidity, mold, and storm-related damage — make sure pre-existing issues are noted on the move-in inspection form so they can't be charged against your deposit later.

5. Eviction Process and Your Rights in Foley

Alabama requires a formal court process for every eviction in Foley — there is no legal way for a landlord to remove a tenant without a judgment from the Baldwin County District Court.

For non-payment of rent: The landlord must serve a 7-day written notice giving the tenant a chance to pay or vacate (Ala. Code § 35-9A-421).
For other lease violations: The landlord generally must give a 7-day notice to cure (or 14 days for non-curable material breaches) under Ala. Code § 35-9A-421.
For ending a month-to-month tenancy with no fault: At least 30 days' written notice is required (Ala. Code § 35-9A-441).
Court process: If the tenant does not move or cure, the landlord files an unlawful-detainer action in Baldwin County District Court. The tenant has 7 days after service to respond. If the landlord wins, the court issues a writ of restitution, which is executed by the Baldwin County Sheriff.
Self-help is illegal: Under Ala. Code § 35-9A-407, a landlord who changes the locks, removes doors or windows, or shuts off utilities to force a tenant out is liable for the tenant's actual damages or up to three months' rent — whichever is greater — plus attorney's fees.

If you receive an eviction notice, do not ignore it. Contact the South Alabama Volunteer Lawyers Program, Legal Services Alabama, or a private attorney immediately — the deadlines are short.

6. Resources for Foley Tenants

Foley Housing Authority — Administers the Housing Choice Voucher (Section 8) program for the Foley/Baldwin County area and operates South Oak Apartments. Information on payment standards, utility allowances, and applications is available at foleyha.org.
Legal Services Alabama — Free civil legal aid for income-eligible Alabamians. The Mobile office (which serves Baldwin County) is at 107 St. Francis Street, Suite 2100, Mobile, AL 36602, phone (251) 433-6560. Statewide intake: 1-866-456-4995.
South Alabama Volunteer Lawyers Program (SAVLP) — Provides free legal help including tenant-rights matters to low-income residents of Baldwin, Mobile, Clarke, and Washington counties. Phone (251) 438-1102.
Alabama Arise — Statewide nonprofit policy and advocacy organization that works on housing affordability and tenant-protection issues.
Alabama State Bar Lawyer Referral Service — Connects renters with private Alabama attorneys experienced in landlord-tenant matters.
211 Connects Alabama — Dial 2-1-1 (or 888-421-1266) for tenant-rights information, counseling, and referrals to local services.
HUD — Alabama Tenant Rights — Federal information on fair housing, discrimination complaints, and renter resources in Alabama.

Disclaimer: This article is for general informational purposes only and is not legal advice. Landlord-tenant law changes, and how a statute applies to your situation depends on the specific facts of your case. Before taking any action, verify the current text of the cited statutes and consult a licensed Alabama attorney or contact Legal Services Alabama.

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Frequently Asked Questions

Does Foley have rent control?

No. Foley has no rent-control ordinance, and Alabama law would not permit one. Alabama Code § 11-80-8.1 expressly prohibits any city or county in the state from enacting rules that control the rent charged for private property. As a result, no Alabama municipality — including Foley, Mobile, or Birmingham — has rent control.

How much can my landlord raise my rent in Foley?

There is no legal limit on the size of a rent increase in Foley. On a fixed-term lease, the rent cannot be raised mid-term unless the lease itself allows it. On a month-to-month tenancy, the landlord must give at least 30 days' written notice before the increase takes effect (Ala. Code § 35-9A-441). A rent hike imposed in retaliation for a code-enforcement complaint or other protected activity is illegal under Ala. Code § 35-9A-501.

How long does my landlord have to return my security deposit in Foley?

Under Ala. Code § 35-9A-201, the landlord has 35 days after you move out and return possession to send back your deposit, along with an itemized written statement of any deductions. If the landlord wrongfully withholds part or all of the deposit, you can sue to recover the withheld amount plus an additional equal amount (effectively double damages) and reasonable attorney's fees. Provide your forwarding address in writing at move-out to start the clock.

What notice does my landlord need before evicting me in Foley?

It depends on the reason. For non-payment of rent, Alabama law (Ala. Code § 35-9A-421) requires a 7-day written notice to pay or quit. For other lease violations, a 7-day notice to cure typically applies. To end a month-to-month tenancy with no fault, the landlord must give at least 30 days' written notice (Ala. Code § 35-9A-441). After notice, a landlord still must obtain a court judgment from the Baldwin County District Court before forcing you to leave.

Can my landlord lock me out or shut off utilities in Foley?

No. Self-help eviction is illegal in Alabama. Ala. Code § 35-9A-407 prohibits a landlord from changing the locks, removing doors or windows, or shutting off water, electricity, or other essential services to force a tenant out. A tenant who is locked out or has utilities cut off can recover actual damages or up to three months' rent — whichever is greater — plus attorney's fees, and may obtain a court order to be restored to the unit.

What can I do if my landlord refuses to make repairs in Foley?

Start by giving the landlord written notice describing the problem and requesting repair. Under Ala. Code § 35-9A-204, if the landlord fails to remedy a material non-compliance affecting health or safety within 14 days, you may be able to terminate the lease or pursue other statutory remedies. For health- or building-code violations, you can also contact the City of Foley building or code enforcement department. If the landlord retaliates by raising rent or threatening eviction, that retaliation is itself unlawful under Ala. Code § 35-9A-501.

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