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Birmingham, AL Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum window glazing
8% of habitable room floor area
Heat season
September 1 to May 31
Minimum indoor temp
68°F in habitable rooms, baths, toilets
Enforcing agency
Dept. of Community Development
Appeal body
Construction Board of Adjustment and Appeals
Penalty
Misdemeanor, separate offense per day

Summary

Birmingham's adopted 2015 International Property Maintenance Code sets minimum habitability standards for rented housing: every habitable room needs a window with glazing equal to at least 8 percent of the floor area, and landlords must supply heat to maintain at least 68°F from September 1 through May 31 in all habitable rooms, bathrooms, and toilet rooms, under Code of Ordinances Sec. 7-1-10.

402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room...602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1st to May 31st to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet-rooms. Exceptions: 1.When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity...2.In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

Section 7-1-10 of Birmingham's General Code adopts the 2015 International Property Maintenance Code, with local amendments, to regulate the conditions and maintenance of every rented property in the city. 1 requires every habitable space to have at least one window facing directly to the outdoors or a court, with a minimum glazed area of 8 percent of the room's floor area; an obstruction closer than 3 feet to the window that rises above the ceiling line disqualifies that window from counting toward the requirement. 3 puts the heating duty on the owner or operator of any building who rents, leases, or lets a dwelling unit: heat must be supplied from September 1 through May 31 to keep a temperature of not less than 68°F in all habitable rooms, bathrooms, and toilet rooms, dropping only to 65°F where the monthly average outdoor temperature stays above 30°F, or where the heating system is already running at full design capacity below the local winter design temperature.

4 extends a 65°F minimum to occupiable work spaces during the same September-to-May window. The Department of Community Development enforces the Code, and its Director serves as the Property Maintenance Code Official. A tenant or owner cited for a violation can appeal under Section 111 to the Construction Board of Adjustment and Appeals, arguing the Code's intent was misapplied, that a provision does not apply, or that the requirement is otherwise satisfied by other means.

Violations & Fines

Section 106.4 makes any violation of the Property Maintenance Code a misdemeanor, with each day a violation continues counted as a separate offense punished under Section 1-1-6 of the General Code. A stop work order can be paired with a fine of not less than $50.00 nor more than $500.00 for continuing work after being cited under Section 112.4, and the city can also sue in equity to force compliance under Section 106.3.

Frequently Asked Questions

What temperature must a Birmingham landlord keep a rental at in winter?
Section 602.3 of the adopted Property Maintenance Code requires any owner who furnishes heat to a rented dwelling or sleeping unit to maintain at least 68°F in all habitable rooms, bathrooms, and toilet rooms from September 1 through May 31, dropping to 65°F only where the monthly average outdoor temperature runs above 30°F.
Does a Birmingham rental bedroom need a window?
Yes. Section 402.1 requires every habitable space to have at least one window facing directly outdoors or to a court, with glazing equal to at least 8 percent of that room's floor area, unless natural light instead comes through an adjoining room's opening of the same minimum size.
What can a tenant do if a landlord won't fix a Property Maintenance Code violation?
The Code Official issues a notice of violation, and failing to comply is prosecuted as a misdemeanor under Sections 106.3 and 106.4, with the city authorized to sue in equity to force the repair; the property owner can appeal any order to the Construction Board of Adjustment and Appeals under Section 111.

Sources & Official References

Other rules in Birmingham

All Birmingham rules

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