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Breaking a lease in Alabama

Source: Ala. Code §§ 35-9A-441, 35-9A-105, 35-9A-423, 35-9A-401, 35-9A-406 · Checked against the statute

Tenant notice, month-to-month
30 days, ending with a rental period
Landlord must try to re-rent
Yes
State early-termination rights
Unit unlivable or landlord fails to repair; Landlord harassment or illegal entry

When can I move out in Alabama?

Choose your state, your situation and the date your landlord will receive notice.

Ending a month-to-month tenancy

If you are the tenant

  • A tenant may end a month-to-month tenancy by written notice given at least 30 days before the rent due date named in the notice; the tenancy ends on that rent due date (Ala. Code § 35-9A-441(b)).

If the landlord ends it

  • A landlord may end a month-to-month tenancy by written notice given at least 30 days before the rent due date named in the notice; no reason is required by state law (Ala. Code § 35-9A-441(b)).

Written notice required: Yes. Notice ending a periodic tenancy must be written (Ala. Code § 35-9A-441).

Week-to-week and other periodic tenancies

  • week-to-week, both: 7 days. Either side may end a week-to-week tenancy by written notice given at least 7 days before the termination date named in the notice (Ala. Code § 35-9A-441(a)).

Leaving a fixed-term lease early

If a tenant abandons the unit, the landlord must make reasonable efforts to re-rent it at a fair rent, but may first rent its other vacant units. If the landlord re-rents for a term starting before the lease ends, the old lease ends when the new tenancy starts (Ala. Code § 35-9A-423(c)). Until then the tenant remains liable under the lease, subject to the duty to mitigate (§ 35-9A-105).

Landlord's duty to re-rent: Yes. An aggrieved party must mitigate damages, but the landlord's duty does not take priority over its right to first rent other vacant units (Ala. Code §§ 35-9A-105(a), 35-9A-423(c)).

Lease-break fees: No statutory limit; the lease controls (subject to the landlord's duty to mitigate).

When Alabama law lets you leave early

  • Unit unlivable or landlord fails to repair (Ala. Code § 35-9A-401)

    If the landlord materially breaches the lease or the duty to keep the unit fit, the tenant may give written notice that the lease will end at least 14 days after receipt unless the landlord fixes it.

    Notice:
    14 days, in writing
    Proof:
    Written notice to the landlord describing the breach.
    What you still owe:
    Lease ends on the date in the notice unless the landlord fixes the breach first; landlord returns recoverable deposit and unearned prepaid rent.

  • Unit unlivable or landlord fails to repair (Ala. Code § 35-9A-406)

    If fire or casualty not caused by the tenant substantially impairs the unit, the tenant may move out immediately and end the lease.

    Proof:
    Written notice of intent to terminate within 14 days after vacating.
    What you still owe:
    Lease ends on the date the tenant vacates; rent is accounted as of the fire or casualty.

  • Unit unlivable or landlord fails to repair (Ala. Code § 35-9A-404(b)(1))

    If the landlord willfully or negligently fails to promptly provide heat, running water, hot water, electricity, gas or another essential service, the tenant may end the lease on at least 14 days' written notice.

    Notice:
    14 days, in writing
    Proof:
    After notifying the landlord of the breach, a written notice naming a termination date at least 14 days after receipt.
    What you still owe:
    Lease ends without further obligation or penalty once the tenant vacates; landlord returns recoverable deposit and unearned prepaid rent.

  • Landlord harassment or illegal entry (Ala. Code § 35-9A-442(b))

    If the landlord enters unlawfully or unreasonably, or makes excessive harassing demands for entry, the tenant may end the lease under § 35-9A-401.

    Notice:
    14 days, in writing
    Proof:
    Written notice under the § 35-9A-401 procedure.
    What you still owe:
    Tenant may also recover actual damages.

  • Landlord harassment or illegal entry (Ala. Code § 35-9A-407)

    If the landlord unlawfully removes or locks out the tenant, or willfully interrupts heat, water, hot water, electricity, gas or another essential service, the tenant may end the lease.

    Proof:
    None specified by statute.
    What you still owe:
    Landlord returns recoverable deposit and unearned prepaid rent; tenant may recover up to 3 months' periodic rent or actual damages, whichever is greater, plus reasonable attorney's fees.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

Also good to know

  • No Alabama statute was found that lets domestic-violence victims or state military members end a residential lease early; a search of the official Code of Alabama for these terms returned no such section. Federal SCRA still applies.
  • A tenant who willfully holds over after the tenancy ends can owe up to 3 months' periodic rent or actual damages, whichever is greater, plus attorney's fees (Ala. Code § 35-9A-441(c)).
  • Unless the lease sets a fixed term, the tenancy is week-to-week for weekly rent and month-to-month otherwise (Ala. Code § 35-9A-161(d)).

Next steps

Sources

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.