Alabama Tenant Rights to Demand Needed Repairs

Find out what to do in Alabama if your rental unit has serious defects.

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Alabama tenants are legally entitled to rental property that meets basic structural, health, and safety standards and is in good repair. If a landlord fails to take care of important maintenance, such as a leaky roof or a broken heater, you may demand that the landlord take action.

How to Obtain Repairs in Alabama

Despite popular opinion, Alabama tenants may not withhold rent or use "repair and deduct" when landlords fail to make important repairs that are necessary to keep the rental fit and habitable. (Ala. Code § 35-9A-164.) Tenants should put their requests in writing and deliver the notice to the landlord, giving the landlord 14 days to accomplish the repair (or less, if it's an emergency). If the landlord does not make the repairs, tenants may move out without responsibility for future rent. Tenants may instead remain in the rental and sue the landlord for damages, which would be the difference between the stated rent and the value of the rental in view of its uninhabitable state. Judges may also direct landlords to make repairs.

Tenants in Alabama who are evicted for failure to pay rent may raise, as a counterclaim, the landlord's failure to make needed repairs. But this does not mean that tenants may withold rent. When tenants properly file a counterclaim in an eviction lawsuit, they must pay all rent due into the court, and the court will then hear the counterclaim. If the judge decides that the counterclaim is frivolous, the landlord may obtain attorney's fees. (Ala. Code § 35-9A-405.)

Alabama Guides to Tenant Rights

For an overview of Alabama landlord-tenant law, including your rights to habitability and how to get your landlord to make repairs, see http://www.limestonesheriff.com/FAQ/rent%20handbook.pdf. You can also check out AlabamaLegalHelp.org at http://www.alabamalegalhelp.org/issues/housing/landlord-and-tenant

Alabama State and Local Law

See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.

Also, check your local housing ordinances for any city or county rules that cover tenant rights when it comes to repairs. Contact your local building or housing authority. To find yours, call your mayor or city manager’s office or check your city or county website.

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