Know the Law: Fair Housing and Landlord-Tenant Regulations (Phase 1A)
Familiarizing yourself with landlord-tenant laws is a crucial early step in preparing to self-manage your first rental. Self-managing landlords are held to the same legal standards as corporate landlords and professional property managers. A lack of knowledge won’t excuse violations.
Below is a short summary of some of the foundational laws pertinent to self-managing landlords, whether you own property in Atmore or Orange Beach.
So get comfortable, grab a cup of coffee or tea, and dive into the Fair Housing Act! You’ll feel more confident in your ability to operate a compliant rental business. Below is a partial list of laws for the self-managing landlord to study.
Fair Housing Act
Title VIII of the Civil Rights Act of 1968 — also known as the Fair Housing Act — was designed to prevent discrimination in the sale, leasing, and financing of homes. The U.S. Department of Housing and Urban Development (HUD) is responsible for enforcing federal fair housing laws. According to the Fair Housing Act, landlords are prohibited from discriminating against tenants based on:
Color
Religion
National Origin
Sex (added in 1974)
Disabilities (added in 1988)
Familial Status (added in 1988)
You can find more information and a link to the Fair Housing Act here: https://www.justice.gov/crt/fair-housing-act-1
Alabama Uniform Residential Landlord and Tenant Act (URLTA) – Ala. Code Title 35, Chapter 9A
The Alabama Uniform Residential Landlord and Tenant Act (URLTA) was originally passed in 2006, taking effect January 1, 2007. There have been adjustments since then, so make sure you are referencing the latest version when doing your research. The Act is a modified version of the URLTA.
This law outlines habitability standards, rules for security deposits, eviction procedures, tenant rights, and disclosure requirements.
You can find the entire law on the Alabama Legislature’s website: https://alison.legislature.state.al.us/code-of-alabama?section=35-9A-101
Lead Based Paint Disclosures
In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act. The law requires landlords to provide a completed lead-based paint disclosure form and a copy of the “Protect Your Family from Lead in Your Home” pamphlet.
https://www.epa.gov/lead/lead-based-paint-disclosure-rule-section-1018-title-x
Hopefully, after reviewing these laws, you feel more confident in your ability to run a rental business by the book. These examples represent just a few of the laws that landlords must follow, not a comprehensive list, but they provide a solid foundation.
Self-managing rentals isn’t easy, and there is risk involved, but it can be done! If this feels too overwhelming, it’s wise to seek guidance from a competent real estate attorney or work with a professional property manager.
Disclaimer: The information in this article is for educational purposes only and should not be taken as legal advice. For specific legal questions, consult a qualified attorney. For help managing your rental in compliance with state and federal law, reach out to a professional property manager.