Ala. Code §§ 8-1-60 to 8-1-63 § 8-1-61
Lessee to Use Ordinary Care.
Operative Text
The lessee of a thing must use ordinary care for its preservation in safety and good condition.
Under Alabama Code § 8-1-61, a person who leases property is legally required to exercise ordinary care to keep the leased thing safe and in good condition. This standard of care applies throughout the lease period and reflects a general duty of reasonable stewardship over the property. The rule does not impose an extraordinary burden, but it does establish a baseline of responsible use that courts can reference when evaluating a lessee's conduct.
Plain English — not legal advice.
Alabama Code § 8-1-61 provides property owners with a statutory basis for holding tenants accountable when a failure of ordinary care results in damage or deterioration beyond normal wear and tear. Compliant operators typically document the condition of a property at move-in and move-out, making it easier to demonstrate whether a tenant met the ordinary-care standard. Lease agreements often reinforce this statutory duty by spelling out specific maintenance expectations consistent with § 8-1-61.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Alabama Code § 8-1-61, tenants carry a duty to use ordinary care in preserving the leased property's safety and condition, but this is a reasonable-care standard, not a guarantee against all damage. Tenants who believe a landlord is mischaracterizing normal wear and tear as a failure of ordinary care may find it useful to consult a tenant-rights organization or legal aid provider familiar with Alabama law. Keeping records such as move-in photos, written communications, and maintenance requests can help document whether the ordinary-care standard of § 8-1-61 was met.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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