Alabama Tenant Screening
Last Updated: January 21, 2015
Alabama has 67 counties. Each county has its own elected legislative branch, usually called the county commission, which normally also has executive authority in the county. Because of the restraints placed in the Alabama Constitution, all but seven counties (Jefferson, Lee, Mobile, Madison, Montgomery, Shelby, and Tuscaloosa) in the state have little to no home rule. Instead, most counties in the state must lobby the Local Legislation Committee of the state legislature to get simple local policies.
How to Screen a Tenant in the State of Alabama
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Step 1: Know Your Rights & Responsibilities
Landlords and property managers are subject to the Fair Credit Reporting Act [PDF] (FCRA) during the tenant screening process. Additionally, Alabama has laws that affect the tenant screening process. You can find the current Alabama Housing Codes here. If you are finding the formalities of the state code daunting, you might want to check out these friendlier sites:
Recent Law Changes
Substantial amendments to the Alabama Uniform Residential Landlord Tenant Act were passed by the Alabama Legislature. This round of amendments to the Act was passed by the Legislature on June 9, 2011, and signed by the Governor of Alabama on June 14, 2011. These amendments became effective on August 1, 2011. There are several notable changes to the Act, although the changes should not require any additions, deletions, or other alterations to the lease you are currently using. Amendments Overview
Step 2: Required Forms & Disclosures
Tip: before you rent for the first time, consider hiring a lawyer to review all of the documents you will use during the application and rental process to ensure that you are protected to the fullest extent of the law.
- Rental Application [PDF] (this must be completed in full by the applicant prior to screening)
- Summary of Your Rights Under the Fair Credit Reporting Act [PDF]
- Consumer Report Disclosure [PDF]
If you are ACCEPTING an applicant:
- Move-In Checklist [PDF]
- Lease Agreement (written), containing or attaching the following information:
- Owner/Agent Identity – this should include name and address, and if the owner/agent is out-of-state it must include contact information for a resident of the COUNTY in which the rental is located that can act as an agent for the purposes of serving notices and process.
- Security Deposit – this must include the amount of the deposit and the conditions under which some or all of the deposit may be withheld. It must also include the name and banking institution holding the deposit.
- Non-refundable Fees – explicitly describe any non-refundable fees, and state clearly that they are non-refundable.
- Fire Protection & Safety Information: You must disclose the available fire protection and safety information specific to the unit you are renting, including smoking policy, evacuation plans, and who to notify in case of emergency.
- Mold: Currently there are no Alabama laws concerning residential or commercial building mold standards, testing requirements, nor is there any contractor accreditation/certification for contractors performing mold testing or remediation activities. Alabama Public Health Site
- Owner Or Agent Identity: Alabama landlords must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises, and an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands. Exception: does not apply to resident purchaser under a contract of sale, but does apply to a resident who has an option buy, nor to the continuation of occupancy by the seller or a member of the sellers family for a period of months after the sale of a dwelling unit or the property of which it is a part. (Ala. Code 35-9A-202)
If you are DECLINING an applicant:
- Adverse Action Notice [PDF]
Step 3: Order a Tenant Screening Report
What You’ll Need
- A completed rental application signed by the applicant.
- Some details about your applicant:
- Email address
- Date of birth
- Social Security number
- Previous address
- Bank account number (optional)
- Bank routing number (optional)
What Will Be Covered
- Package Options
- Background Report Coverage for Alabama:
- Criminal, OFAC/Patriot Act & Sex Offender Records – A nationwide search is always performed. These jurisdictions specifically are available in Alabama: AL Department Of Corrections, AL Sex Offender Registry, AL Medicaid Exclusion List.
- Eviction Records – records are available from the following counties: Autauga, Baldwin, Barbour, Bibb, Blount, Bullock, Butler, Calhoun, Chambers, Cherokee, Chilton, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, Dallas, De Kalb, Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Hale, Henry, Houston, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Lowndes, Macon, Madison, Marengo, Marion, Marshall, Mobile, Monroe, Montgomery, Morgan, Perry, Pickens, Pike, Randolph, Russell, Shelby, St Clair, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, Washington, Wilcox, Winston.
- Bankruptcies, Liens & Judgments – records are available from the following counties: Autauga, Baldwin, Barbour, Bibb, Blount, Bullock, Butler, Calhoun, Chambers, Cherokee, Chilton, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, Dallas, DeKalb, Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Hale, Henry, Houston, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Lowndes, Macon, Madison, Marengo, Marion, Marshall, Mobile, Monroe, Montgomery, Morgan, Perry, Pickens, Pike, Randolph, Russell, Shelby, St. Clair, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, Washington, Wilcox, Winston.
- Social Security Number validation, Death Index, credit checks, previous addresses, alias names, and the Rent Check Advisor® include all information available regardless of location.
Resources for Alabama Landlords
- Alabama State Bar Association Lawyer Search
- Alabama Unified Judicial System
- Law Enforcement Agencies in Alabama (Wikipedia)