Alabama Statewide Rule

Alabama Implied Warranty of Habitability: 14-Day Repair Window

Some RestrictionsApplies statewide across Alabama (2026)

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.

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

Last verified: 2026-06-27

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?

After the tenant gives written notice of a material breach under § 35-9A-421, the landlord has 14 days to remedy it before the tenant may terminate the lease. Emergencies must be addressed promptly.

What must an Alabama landlord maintain?

Section 35-9A-204 requires compliance with health-and-safety codes, habitable conditions, safe common areas, working electrical/plumbing/heating/cooling systems, and running and reasonable hot water and heat.

Can I withhold rent in Alabama for repairs?

Alabama's Act does not provide a general rent-withholding remedy; the tenant's statutory remedies are written notice and termination under § 35-9A-421, plus damages and attorney's fees.

Sources

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