What can I do if my landlord won't fix uninhabitable conditions in Alabama?
1. Implied Warranty of Habitability — Codified in Alabama URLTA (AURLTA), Ala. Code § 35-9A-204, requiring landlords to comply with building/housing codes affecting health/safety and make repairs to keep premises fit and habitable. Non-waivable.
2. What Counts as Uninhabitable — § 35-9A-204(a): comply with applicable building/housing codes; make repairs to keep premises in habitable condition; keep common areas clean and safe; maintain electrical/plumbing/sanitary/heating/ventilating/air-conditioning; supply running water and reasonable hot water.
3. Tenant Notice to Landlord — Under § 35-9A-401, written notice specifying breach; lease terminates in 30 days if not cured within 14 days.
4. Repair-and-Deduct — Alabama has no statutory repair-and-deduct. Self-help risks eviction.
5. Rent Withholding / Escrow — Alabama has no rent withholding statute. § 35-9A-405 allows tenant to procure substitute housing for essential-services failures (heat, water, electricity) and recover the cost.
6. Constructive Eviction — § 35-9A-401 allows lease termination after 14-day notice if landlord fails to cure; common-law constructive eviction also recognized.
7. Affirmative Defense to Eviction — Habitability breach may be raised as defense and counterclaim in eviction (unlawful detainer) when § 35-9A-401 procedure followed.
8. Damages & Penalties — § 35-9A-407 authorizes actual damages, injunctive relief, and reasonable attorney fees. Termination remedies under § 35-9A-401 and substitute-housing recovery under § 35-9A-405.
9. Retaliation Protection — § 35-9A-501 prohibits retaliation (eviction, rent increase, service reduction) for complaints to government agencies or assertion of rights. Tenant may recover damages including 3 months' rent and attorney fees.
This is legal information, not legal advice.
- Unlawful detainer filed after habitability notice
- Loss of essential services with documented harm
- Mobile home or manufactured housing habitability disputes
- Ala. Code § 35-9A-204
- Ala. Code § 35-9A-401
- Ala. Code § 35-9A-405
- Ala. Code § 35-9A-501
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.