When your landlord won't make repairs in Alabama

The question this answers: “What does Alabama law require my landlord to maintain in my rental, and what can I do if the landlord fails to make repairs?”

What Alabama Law Requires Landlords to Maintain

Alabama law places several clear maintenance duties on landlords. Your landlord must comply with building and housing codes that materially affect health and safety, make all repairs necessary to keep the premises habitable, maintain clean and safe common areas, and keep all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems in good and safe working order. [2] The landlord must also provide running water, reasonable hot water, and reasonable heat, and arrange for garbage removal. [2]

One important limit: if a problem was caused by you, a family member, or someone on the premises with your consent acting willfully or negligently, the landlord's duty to fix it does not apply to that condition. [2]

What You Must Do as a Tenant

You also have legal obligations. You must keep your unit clean and safe, dispose of garbage properly, avoid damaging or defacing the property, use appliances and fixtures reasonably, and keep plumbing fixtures as clear as their condition permits. [4] Alabama's general contract law also requires a tenant to repair deteriorations caused by a lack of ordinary care. [3]

What You Can Do If the Landlord Fails to Make Repairs

Give written notice first. Courts have recognized that a landlord generally must receive notice of a needed repair before they can be held in default for failing to make it. [6] Putting your repair request in writing creates a clear record.

If the landlord still doesn't act, Alabama law provides a remedy when the landlord fails to maintain the premises as required. A court can find the landlord in breach, and the aggrieved tenant may be able to recover damages caused by the noncompliance. [5] Serious failures — such as a heating system that repeatedly fails to heat the home or loss of water — have been the basis for legal claims including breach of contract and constructive eviction (meaning conditions so bad they effectively force you to leave). [5][8]

One remedy the landlord has against you (worth knowing): if you fail to maintain your unit in a way that affects health and safety, the landlord can give you written notice and seven days to fix it. If you don't, the landlord can enter, make the repairs, and bill you for the actual and reasonable cost as additional rent. [1]

Important Warnings

• Contributory negligence: Alabama is a contributory negligence state. If your own actions contributed to a hazardous condition, that could significantly affect your ability to recover. This is worth discussing with an attorney.
• Deadlines matter: Claims have statutes of limitations, and missing a deadline can permanently end your ability to sue. Do not delay.
• Noise and minor inconveniences generally do not rise to the level of a habitability violation unless they involve a violation of an applicable building or housing code. [9]

An Alabama tenant-rights attorney or your local legal aid organization can review your specific situation and explain your options — many offer free consultations.