Last updated: April 2026
Montgomery renters are protected by Alabama's Uniform Residential Landlord and Tenant Act, which sets rules on security deposits, habitability, eviction notices, and more — even though the city has no local rent control or additional ordinances.
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Montgomery is Alabama's state capital and second-largest city, home to roughly 200,000 residents in Montgomery County. A significant share of Montgomery households rent their homes, and many renters are unaware of the baseline legal protections available to them under state law. The questions Montgomery renters most commonly ask involve security deposit returns, eviction notices, and what landlords are required to repair — all of which are governed by Alabama's Uniform Residential Landlord and Tenant Act (URLTA), codified at Ala. Code §§ 35-9A-101 through 35-9A-603.
Unlike some larger cities in other states, Montgomery has not enacted any local tenant protection ordinances beyond what state law provides. That means your rights as a renter here are defined entirely at the state level. While Alabama's URLTA gives tenants meaningful protections on habitability, deposits, anti-retaliation, and the eviction process, there is no rent stabilization, no just-cause eviction requirement, and no local enforcement agency dedicated to tenant complaints.
This article summarizes the key legal protections available to Montgomery renters as of April 2026. It is provided for informational purposes only and does not constitute legal advice. Laws can change and individual situations vary — consult a qualified attorney or free legal aid organization for guidance on your specific circumstances.
Montgomery has no rent control, and neither does any other city in Alabama. Unlike some states that expressly prohibit local governments from passing rent stabilization laws (a concept known as preemption), Alabama has no explicit statutory preemption of rent control ordinances. However, no Alabama municipality has ever enacted one, and the practice simply does not exist in the state.
In practical terms, this means a Montgomery landlord can raise your rent by any amount — there is no cap, no required justification, and no government agency that reviews or approves rent increases. The only constraint is notice: for a month-to-month tenancy, a landlord must give at least 30 days' written notice before a rent increase takes effect, consistent with the notice requirements under Ala. Code § 35-9A-441. For fixed-term leases, rent cannot be raised until the lease term ends unless the lease itself permits mid-term increases.
If you receive a rent increase notice you cannot afford, your primary options are to negotiate with your landlord, seek rental assistance from local organizations, or give proper notice to vacate before the increase takes effect.
Alabama's Uniform Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 et seq.) provides the following core protections to Montgomery renters:
Habitability (Ala. Code § 35-9A-204): Landlords must maintain rental units in a fit and habitable condition, including working plumbing, heating, electrical systems, weatherproofing, and freedom from pest infestations. If your landlord fails to make a necessary repair after you provide written notice, and the landlord does not remedy the condition within 14 days, you may have the right to terminate the lease or pursue other legal remedies. Always provide repair requests in writing and keep copies.
Security Deposit Rules (Ala. Code § 35-9A-201): Landlords may collect a security deposit but must return it — along with a written itemized statement of any deductions — within 35 days of the tenancy ending and the tenant vacating. Failure to comply entitles the tenant to recover double the amount wrongfully withheld, plus reasonable attorney's fees in a lawsuit.
Notice to Terminate (Ala. Code § 35-9A-441): For month-to-month tenancies, either party must give at least 30 days' written notice to terminate the tenancy. For week-to-week tenancies, 7 days' notice is required. Fixed-term leases end at the specified date without additional notice unless the lease provides otherwise.
Anti-Retaliation Protection (Ala. Code § 35-9A-501): A landlord cannot retaliate against a tenant for reporting housing code violations to a government agency, contacting a housing inspector, joining a tenants' organization, or exercising any right provided by the URLTA. Retaliation includes raising rent, reducing services, or threatening or filing eviction. If a landlord takes an adverse action within six months of a tenant's protected activity, retaliation is presumed.
Lockout and Utility Shutoff Prohibition (Ala. Code § 35-9A-407): A landlord may not remove a tenant by changing the locks, removing doors or windows, or deliberately shutting off utilities such as heat, water, or electricity. These so-called self-help evictions are illegal in Alabama regardless of whether a tenant owes rent. The only lawful way to remove a tenant is through the court process.
Alabama law (Ala. Code § 35-9A-201) governs security deposits for all residential rentals in Montgomery. Key rules include:
No statutory cap: Alabama does not limit how much a landlord can charge as a security deposit. However, the amount must be stated in the lease, and any pet deposit or additional fees are separate from the security deposit for purposes of the return rules.
35-day return deadline: After the tenancy ends and the tenant has vacated the unit, the landlord has 35 days to either return the full deposit or provide the tenant with a written itemized statement explaining every deduction, along with any remaining balance. The statement must identify each deduction specifically — a vague claim like 'cleaning' without detail does not satisfy the law.
Penalty for wrongful withholding: If a landlord wrongfully withholds all or part of a security deposit without providing the required itemized statement, or makes deductions that are not legally permissible, the tenant is entitled to recover double the amount wrongfully withheld (Ala. Code § 35-9A-201(e)). Courts may also award attorney's fees to a prevailing tenant.
Permissible deductions: Landlords may deduct for unpaid rent, damage beyond normal wear and tear, and costs reasonably incurred due to the tenant's breach of the lease. Normal wear and tear — minor scuffs, small nail holes, routine carpet wear — cannot be charged to the tenant.
Practical tips: Document the unit's condition with dated photos before moving in and after moving out, keep a copy of your move-in checklist, and send your forwarding address to the landlord in writing so the deposit and statement can be delivered within the 35-day window.
In Montgomery, a landlord must follow Alabama's statutory eviction process and obtain a court order before removing a tenant. Self-help eviction — changing locks, removing belongings, or cutting off utilities — is illegal under Ala. Code § 35-9A-407 and can expose the landlord to liability.
Step 1 — Written Notice: Before filing in court, the landlord must give the tenant written notice. The type and length of notice depends on the reason for eviction:
Step 2 — Filing in District Court: If the tenant does not comply with the notice, the landlord may file an unlawful detainer (eviction) action in Montgomery County District Court. The tenant is served with a summons and has the right to appear and contest the eviction at a hearing.
Step 3 — Court Hearing: Both parties present their case before a judge. Common tenant defenses include: payment of rent, habitability failures by the landlord, retaliation, or improper notice. If the judge rules for the landlord, a writ of possession is issued.
Step 4 — Writ of Possession: Only after a court issues a writ of possession may law enforcement (typically the Montgomery County Sheriff's Office) remove the tenant and their belongings. A landlord who removes a tenant without this court order is committing an illegal eviction.
No just-cause requirement: Alabama law does not require a landlord to have a specific reason to end a month-to-month tenancy — they simply need to give 30 days' notice. However, evictions that occur within six months of a tenant's protected activity (such as requesting repairs or contacting a housing inspector) may be presumed retaliatory under Ala. Code § 35-9A-501.
No, Montgomery does not have rent control, and neither does any other city in Alabama. Alabama has no statewide rent control law and has not enacted legislation preempting local rent stabilization — it simply has never been adopted anywhere in the state. Landlords in Montgomery are free to set rents at any amount and raise them by any amount with proper notice.
There is no limit on how much a landlord can raise your rent in Montgomery. Because Alabama has no rent control, increases are unrestricted in amount. For a month-to-month tenancy, your landlord must give you at least 30 days' written notice before a rent increase takes effect, consistent with Ala. Code § 35-9A-441. If you have a fixed-term lease, rent generally cannot be raised until the lease expires unless the lease explicitly allows mid-term increases.
Under Ala. Code § 35-9A-201, your landlord has 35 days from the date you vacate to return your security deposit along with a written itemized statement of any deductions. If the landlord fails to return the deposit or provide the required itemization within that window, you may be entitled to recover double the amount wrongfully withheld, plus potential attorney's fees if you pursue the matter in court.
The required notice depends on the reason for eviction. For nonpayment of rent, the landlord must give 7 days' written notice to pay or vacate under Ala. Code § 35-9A-421. For other lease violations, 14 days' notice to remedy or vacate is required under the same statute. To end a month-to-month tenancy without cause, the landlord must give at least 30 days' written notice under Ala. Code § 35-9A-441. After the notice period, the landlord must file in Montgomery County District Court — they cannot remove you without a court order.
No. Under Ala. Code § 35-9A-407, it is illegal for a landlord to perform a self-help eviction by changing your locks, removing doors or windows, or deliberately cutting off utilities such as heat, water, or electricity. These actions are prohibited regardless of whether you owe rent. The only lawful method of eviction in Alabama is through the court process, ending in a writ of possession issued by a judge. If your landlord locks you out or shuts off your utilities, contact Legal Services Alabama immediately.
Alabama law requires landlords to maintain rental units in a habitable condition, including working plumbing, heating, and weatherproofing, under Ala. Code § 35-9A-204. Start by sending a written repair request to your landlord and keeping a copy. If the landlord does not make the necessary repairs within 14 days of receiving written notice, you may have the right to terminate the lease or pursue other legal remedies. You can also file a complaint with the City of Montgomery's code enforcement office, and documented complaints can strengthen your legal position. For guidance on your specific situation, contact Legal Services Alabama.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws in Montgomery and Alabama can change, and the application of any law depends on the specific facts of your situation. RentCheckMe is not a law firm and no attorney-client relationship is created by reading this article. If you are facing eviction, a security deposit dispute, or other housing legal issues, please consult a qualified attorney or contact Legal Services Alabama for free legal assistance. Always verify current statutes and local ordinances with a legal professional before taking action.
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