If a rental property in Alabama fails to meet legally required health and safety standards, tenants have the right to report their landlord to local public officials who may choose to follow up, inspect the property and cite the landlord for such violations.
What Are Considered Unsafe Living Conditions in Alabama?
In Alabama, unsafe living conditions exist when a rental property doesn’t have safe and working:
- Electricity.
- Heating.
- Fans and A/C, if provided.
- Plumbing.
- Hot / cold water.
- Garbage removal.
- Common areas.
- Smoke alarms / CO detectors.
A landlord’s direct or indirect interruption of utility services may qualify as an unsafe condition, along with any other issue that substantially impacts health and safety on a property.
What Should Tenants Do Before Reporting a Violation in Alabama?
In most cases, before reporting a violation, a tenant in Alabama must notify the landlord in writing about the issue and ask him to fix it within 14 days. If the landlord’s violation was deliberate, however, the tenant can immediately file suit for damages or an injunction.
How Can Tenants Report a Violation in Alabama?
Tenants in Alabama should report violations to the local office or officers responsible for housing code enforcement. The exact process depends on municipality.
| Location | Organization | Contact |
| Huntsville | Huntsville Connect | Online Form |
| Montgomery | Montgomery 311 | Online Form |
| Birmingham | Birmingham 311 | Online Form |
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then the officer will usually inspect the property and cite the landlord for any code violations.
How Can a Tenant Report a Health or Safety Violation in Huntsville?
A tenant in Huntsville can report a health or safety violation by calling (256) 535-2489 or using the online form provided by the Huntsville Connect service. Enter and confirm a location and then select an issue from the menu. Most code violations will be handled under “Construction and Buildings.”
How Can a Tenant Report a Health or Safety Violation in Montgomery?
A tenant in Montgomery can report a health or safety violation by calling (334) 240-4636 or using the online form provided by Montgomery 311. Enter a location and then select an issue from the menu. Most code violations will be handled under Inspections -> Code Enforcement Issues -> Nuisance.
How Can a Tenant Report a Health or Safety Violation in Birmingham?
A tenant in Birmingham can report a health or safety violation by calling (205) 254-2489 or using the online form provided by Birmingham 311. Enter a location and then select an issue from the menu. Most code violations will be handled under Housing/Property Code Violation.
What Could Happen to a Landlord After a Complaint Is Made in Alabama?
After a tenant files a complaint about unsafe living conditions in Alabama, an officer may inspect the property and cite the landlord for any code violations. The landlord must fix any cited issues. The allowed period of time depends on jurisdiction, but is usually between 10-30 days.
If the issue isn’t fixed, the landlord could be fined and the local government might file to condemn the property.
Sources
- 1 Ala. Code § 35-9A-204(a) (2021)
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“(a) A landlord shall: … (2) make all repairs and do whatever is necessary to put and keep the premises in a habitable condition; (3) keep all common areas of the premises in a clean and safe condition; (4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord; (5) provide and maintain appropriate receptacles and conveniences for the removal of garbage, rubbish, and other waste … and arrange for their removal; and (6) supply running water and reasonable amounts of hot water at all times and reasonable heat…”
Source Link - 2 Ala. Code § 35-9A-407 (2021)
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“If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to not more than three months’ periodic rent or the actual damages sustained by the tenant, whichever is greater, and reasonable attorney’s fees.”
Source Link - 3 Ala. Code § 35-9A-401(a) (2021)
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“Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with Section 35-9A-204 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 14 days after receipt of the notice if the breach is not remedied within that period, and the rental agreement shall terminate as provided in the notice subject to the following: [landlord’s opportunity to timely remedy, and tenant’s responsibility not to deliberately / negligently cause damage.]”
Source Link
