Alabama Statewide Rule
Alabama Implied Warranty of Habitability: 14-Day Repair Window
Key Facts
- Governing statute
- Ala. Code § 35-9A-204
- Repair/cure window
- 14 days after written notice (§ 35-9A-421)
- Recurring breach
- 7 business days' notice to terminate
- Tenant-caused damage
- No landlord duty arises
Summary
Ala. Code § 35-9A-204 requires Alabama landlords to keep rentals habitable, comply with health-and-safety codes, and maintain essential systems. If a landlord fails to fix a material defect, § 35-9A-421 lets the tenant give written notice and terminate the lease if it is not cured within 14 days.
(a) A landlord shall: (1) comply with the requirements of applicable building and housing codes materially affecting health and safety; (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;
Full Breakdown
Under Ala. Code § 35-9A-204 a landlord must "comply with the requirements of applicable building and housing codes materially affecting health and safety," "make all repairs and do whatever is necessary to put and keep the premises in a habitable condition," keep common areas clean and safe, maintain electrical, plumbing, heating, and air-conditioning systems in good working order, and supply running water and reasonable hot water and heat. When a landlord materially breaches, the tenant under § 35-9A-421(a) delivers written notice specifying the breach; the lease terminates if it is not remedied within 14 days. A breach recurring within six months allows termination on seven business days' notice. Tenant-caused conditions do not trigger these duties.
Violations & Penalties
A tenant may terminate the lease and recover any prepaid rent and security deposit, plus actual damages and reasonable attorney's fees, when a landlord fails to maintain habitable conditions after proper written notice under Ala. Code § 35-9A-421.
Frequently Asked Questions
How long does an Alabama landlord have to make repairs?
What must an Alabama landlord maintain?
Can I withhold rent in Alabama for repairs?
Sources
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