In Alabama, a landlord’s obligation for providing a habitable living space is primarily governed by AL Code § 35-9A-204. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
|---|---|
| Landlord Responsibilities | Hot/Cold Water, HVAC, Plumbing, Electrical, Stairs/Railings, Floors, Showers, Toilets, Trash Can, Smoke Detectors |
| Time Limit for Repairs | 14 Days After Notice |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Alabama
The implied warranty of habitability in Alabama does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | No |
| RV parks | Not addressed |
| Mobile home parks | Not addressed |
| Condos | No |
| Hotels/Motels | No |
Other living arrangements that aren’t covered by Alabama’s residential landlord tenant laws are lodgings, occupancy of an employee of a landlord, occupancy for agricultural purposes, rental agreements renewed, extended, or entered before January 1, 2007. Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.
Landlord Responsibilities in Alabama
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Alabama, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Not addressed |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Not addressed |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Yes |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Yes |
| Provide working gas lines if used for utilities/cooking | Not addressed |
| Provide working sanitation facilities (bathtub/shower, toilet). | Yes |
| Provide a trash can (for trash pickup services). | Yes |
| Ensure that any stairs and railings are safe. | Yes |
| Ensure that all floors are in good condition and safe. | Yes |
| Provide fire exits that are usable, safe, and clean. | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | No |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | No |
| Provide working carbon monoxide detector. | Not addressed |
| Provide a working washer/dryer. | No |
Additionally, for multifamily properties, landlords are responsible for ensuring that any common areas are clean and safe.
Tenant’s Right to Repairs in Alabama
Under Alabama law, landlords are required to make all necessary repairs to keep the property in a habitable condition.
- Sending Notice – If the landlord fails to maintain the dwelling in a habitable condition, the tenant may provide written notice of intent to terminate the rental agreement upon a date not less than 14 days after the landlord’s receipt of the notice. If the landlord makes the necessary repairs within that time, the rental agreement continues to be enforceable.
- Landlord Access – Tenants must allow reasonable access to the landlord to enter the dwelling to inspect the condition of the dwelling or to make necessary repairs. Landlords must provide two-days’ notice before entering the premises, except in case of an emergency.
Tenant’s Options if Repairs Aren’t Made in Alabama
If the landlord fails to make the desired repairs, the rental agreement terminates at the end of 14 days with a tenant’s written notice, and the landlord must return the security deposit and any prepaid rent.
- Withhold Rent – Alabama landlord tenant law does not allow tenants to withhold rent in response to habitability issues. Tenants who withhold rent for essential repairs put themselves at risk of being in breach of the lease.
- Repair and Deduct – Tenants do not have the right to deduct repair costs from the following month’s rent.
- Lawsuit – Tenants have the right to bring an action against a landlord for failing to keep the unit in a habitable condition.
- Reporting to Public Officials – Landlords can be reported on a city or county level to housing inspectors if they are found to be in violation of any local housing codes.
Landlord Retaliation in Alabama
In Alabama, a landlord is prohibited from committing any retaliatory action towards the tenant because a tenant complains to either the landlord or a governmental agency about the violation of the habitability provisions of the law, such actions include:
- Increasing rent.
- Decreasing services.
- Threatening eviction.
Should the landlord retaliate against the tenant, the tenant may seek legal action and recover an amount of up to three months’ rent or actual damages (whichever is greater) and reasonable attorney fees. The tenant could also be awarded possession of the rental unit or the tenant can elect to terminate the rental agreement if they have been illegally evicted.
Sources
- Alabama Association of Realtors, “A Note from the Legal Help Desk: A General Overview of Alabama’s Laws On Landlords and Tenants.”
- Baker Donelson, “The Alabama Uniform Residential Landlord and Tenant Act.”
- Nolo, “Alabama Tenant Rights to Demand Needed Repairs.”
- Alabama Landlord and Tenant Duties
- Alabama’s 2006 Landlord-Tenant Law
