Renting a home that was foreclosed in Alabama: your rights

Your rights as a renter in Alabama, in order

1. Federal 90-day floor

   At least 90 days after written notice

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant must get written notice at least 90 days before the move-out date. If your lease was signed before the foreclosure, you can usually stay until it ends, unless the buyer will live in the home and still gives you 90 days. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702 (12 U.S.C. § 5220 note); Pub. L. 115-174 § 304

2. Who counts as a bona fide tenant

   Checked at the date title passes

   You are not the former owner or the owner's child, spouse or parent, the lease was an arm's length deal, and the rent is not far below market unless a government subsidy lowers it. Section 8 voucher holders keep their lease and housing contract, and the new owner can end it early only if it will live there and gives 90 days' notice.

   Pub. L. 111-22 § 702; 42 U.S.C. § 1437f(o)(7)

3. Alabama's demand for possession

   10 days after notice under state law

   Alabama's foreclosure law says the buyer must give written notice to the former owner, who must tell you to move or to treat the buyer as your landlord if your lease is older than the mortgage. If the owner cannot be found, notice to you is enough under state law. The longer federal notice periods still apply to a bona fide tenant.

   Ala. Code § 6-5-251(b)

4. Who to pay and who to contact

   As soon as ownership changes

   Alabama requires a landlord to give tenants the name and address of the manager and an owner or agent for notices, and it says this duty carries over to any successor owner or manager. Ask the new owner in writing for that information and where to send rent, and keep a copy. Keep paying rent as your lease requires and keep proof of each payment.

   Ala. Code §§ 35-9A-202, 35-9A-161(c)

5. Your security deposit

   Refund or list due 60 days after you move out

   Whoever holds the landlord's interest when your tenancy ends is bound by the deposit rules, and an owner who sells still stays liable for your deposit and prepaid rent. The refund or an itemized list is due within 60 days after you move out and give a forwarding address in writing, and a late refund or accounting can mean double the deposit.

   Ala. Code §§ 35-9A-201(b), (d), (f), (h), 35-9A-205(a)

6. No lockouts or utility shutoffs

   Any time

   A landlord who locks you out or cuts heat, water, electricity or gas on purpose can owe you up to three months' rent or your actual damages, whichever is more, plus attorney's fees. If your landlord stopped paying a utility, call the utility to ask about keeping service.

   Ala. Code § 35-9A-407

7. The new owner must use the court

   7 days to appeal, 7-day stay on the writ

   To remove a tenant, an owner files an eviction case in district or circuit court in your county. If the owner wins, you have seven days to appeal, and the writ of possession is stayed for seven days. To stay in the home during an appeal, you must pay the rent into court as it comes due.

   Ala. Code § 35-9A-461(b), (d), (e)

Common questions in Alabama