Alabama · Repairs and Unsafe Conditions

Landlord Won't Make Repairs in Alabama: What Can I Do?

Think before you call an inspector.

You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

Alabama law sets rules for what your landlord must fix and keep in working order. This page covers what to do when your landlord ignores a repair request, and what a court can order. It does not cover heat or hot water, which have their own rules on a separate page.

What your landlord has to fix

  1. Alabama law requires your landlord to follow building and housing rules that seriously affect your health and safety. Your landlord must also make repairs and do whatever is needed to keep your home fit to live in.

    Tip.

    Take photos of each problem, with the date. Take more if it gets worse.

  2. Your landlord must also keep shared areas of the building clean and safe. Your landlord must keep the electrical, plumbing, heating, and air conditioning systems in good working order. This also covers other equipment your landlord provides, such as elevators.

  3. In a single-family house, you and your landlord can agree in writing that you take over some of the landlord's duties. This can include trash removal, supplying your own water and heat, and specific repairs listed in the agreement.

    Tip.

    Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

  4. Your landlord does not have to fix a problem that you, your family, or a guest caused on purpose or through carelessness.

Ask in writing

  1. To ask for repairs, put your request in writing and describe exactly what is broken. Keep a copy for your records.

  2. The 14 days start counting from when your landlord receives your letter. If your landlord fixes the problem before that deadline, your lease continues as before.

If it is still not fixed

  1. Your landlord may not punish you for complaining about a repair problem. You are protected if you complain to your landlord about a problem the law requires your landlord to fix. You are protected too if you complain to a government agency about a building or housing problem that seriously affects health or safety. In most cases, your landlord may not raise your rent, cut your services, or start or threaten to evict you because you complained.

  2. Alabama law does not let you stop paying rent just because your landlord has not made repairs.

  3. Alabama law also does not let you use your rent money to pay for repairs yourself.

  4. Instead of moving out, you can ask a court for injunctive relief (a court order telling your landlord to make the repairs).

  5. Whether or not you move out, you can also sue your landlord for money to cover your losses and for your attorney's fees.

    Money is not automatic.

    Where this page says a court can award you money, you get it only if you win your case and your landlord pays.

Moving out

  1. If your landlord has not fixed the problem by the date in your letter, your lease ends on that date. You can then move out.

    You can still owe rent.

    Even with a good reason to leave, your landlord can sue you for rent. If a court disagrees with you, you can still owe rent after you move out, up to the end of your lease.

  2. If you end your lease under the Alabama repair law (section 35-9A-401), your landlord must return your deposit. Your landlord can subtract unpaid rent or damage you caused before returning it. Your landlord must also return any rent you paid for days you will not live there.