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Does My Landlord Have to Mitigate Damages in Alabama?

If you're renting in Alabama, your landlord is required by law to try and find a new tenant to replace you if you move out early.

According to Alabama state law, your landlord is required to mitigate damages—that is, they must make a reasonable effort to find a new tenant to re-rent your unit.1

If you've already done the legwork and found a new tenant to take your place when you move out, there are also laws about whether or not your landlord is required to accept them. In Alabama, a request to assign a lease can only be denied if the landlord has an objection to the tenant because renting to them might negatively affect their business.

The act supersedes previous case law—as well as county and city ordinances—so if you're told otherwise, then you're not being told the truth.

The relevant law here is the Uniform Residential Landlord Tenant Act, which Alabama signed. The act states that a landlord must have a “commercially reasonable objection” to the new tenant. A landlord in Alabama is required to accept your proposed assignee as long as they are qualified to pay the monthly rent.

[1] Ala. Code § § 35-9A-105, 35-9A-423

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