There are no state laws in Alabama that address subletting. That means that it's up to each individual lease agreement to regulate the process. Here are some common scenarios:
- If a lease says subletting is allowed—or doesn’t mention subletting at all—a tenant is free to rent out their home to someone else (who then becomes their subtenant).
- If a lease does not allow subletting, that provision is valid, and the tenant may not sublease their home.
- If a lease allows subletting, but only with explicit consent of the landlord, a tenant must get their landlord’s permission before moving forward.
Tenants should request approval to sublet in writing. According to past court cases in Alabama, a landlord can't "unreasonably" refuse a potential subletter—meaning that there must be a commercially viable reason for rejecting them. This could include the financial responsibility of the proposed subtenant, such as their credit score or eviction history. What’s not allowed is for a landlord to reject a candidate for reasons of “personal taste, sensibility or convenience.”1
Should the situation arise, it’s up to the tenant to prove in court that the landlord acted unreasonably in refusing their potential subletter.
The information provided on this website does not, and is not intended to, constitute legal advice.
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