Alabama Tenant Rights During Building Repairs

Building repairs are sometimes necessary, but they should not put Alabama renters at risk or leave you in uncomfortable or unsafe conditions. If your landlord starts repairs, understanding your legal protections and responsibilities can help you maintain a safe and habitable home.

Your Rights as a Tenant During Repairs in Alabama

As a renter in Alabama, you have the right to a safe and habitable living space, even when your building is undergoing repairs. The Alabama Uniform Residential Landlord and Tenant Act (AURLTA) protects tenants by outlining landlord repair duties and your options if problems arise.^[1]

• Essential Repairs: Landlords must keep the rental unit in a livable condition (e.g., working heat, water, plumbing, and structural safety).
• Notice: Landlords must give you at least 2 days’ written notice before entering your unit, except in emergencies.
• Temporary Relocation: If repairs make your unit uninhabitable, you may have the right to withhold rent or move out temporarily after proper notice.
• Non-Emergency Repairs: You must notify the landlord of needed repairs in writing. If not fixed in 14 days, you may have the right to terminate your lease or seek other remedies.

You can read more about your repair rights on the Alabama Landlord Tenant Information page.

Landlord Entry and Proper Notice

Landlords are required to give at least two days’ notice before entering your home for repairs (unless there is an emergency). This rule keeps your privacy protected while allowing essential maintenance.

• Landlord notice must be written (letter, email, or text if agreed upon).
• If repairs are urgent (like flooding or fire), notice may be waived.

If Repairs Disrupt Your Living Conditions

If repairs seriously disrupt your living situation or make your apartment unlivable, you have legal options. These steps are especially important if the situation presents a health or safety risk.

• Written Notice: Notify your landlord in writing, asking them to fix the problem within 14 days.
• Right to Terminate Lease: If repairs aren’t made in 14 days (and it’s not your fault), you may terminate your lease by giving written notice.
• Withholding Rent: Alabama law does not permit tenants to withhold rent without a court order. Always pay rent unless a judge rules otherwise.

• Emergency Repairs: If the issue is an emergency and poses serious risk (e.g., no heat in winter), call the landlord immediately, then follow up with a written notice.
• For ongoing issues, you may contact your local health or code enforcement if the landlord doesn’t act.

Official Forms Relevant to Repairs

• Notice of Termination for Noncompliance (No Official State Form): Alabama does not provide a state-issued notice for tenants. However, you can write a letter stating the repair problem, the date you notified the landlord, and your intent to terminate the lease if it isn’t fixed in 14 days as outlined in Alabama Code § 35-9A-404.
  When to Use: If you’ve already notified your landlord of issues, send this written notice to formally begin the 14-day countdown before lease termination.
• Complaint to Alabama Landlord-Tenant Office: While there is no single state-wide tribunal dedicated to residential tenants, issues can often be reported to your local city or county housing code enforcement offices. Use their official complaint form or visit the state landlord-tenant resource.

Relevant Tribunal or Board

In Alabama, there isn’t a state-specific residential tenancy tribunal. Disputes are generally handled in Alabama District Court, which oversees landlord-tenant cases like repair issues, lease terminations, or disputes over entry.^[2]

What Alabama Law Says About Repairs

The Alabama Uniform Residential Landlord and Tenant Act sets clear standards for repairs and tenant protections. See especially Section 35-9A-204 for landlord duties and Section 35-9A-404 for tenant remedies.

Summary

In summary, Alabama law requires your landlord to perform essential repairs and respect your privacy. You have clear, written options if repairs are not made on time or interfere with safe living. If a serious issue isn’t fixed after proper notice, you may be able to end your lease and move out.

FAQs About Tenant Protections During Repairs in Alabama

1. What notice does my landlord need to give before repairing? Landlords must give at least two days’ written notice before entering for repairs, except in an emergency.
2. Can I withhold rent if repairs are not made? No, Alabama law does not allow rent withholding without a court order. Always pay rent unless told otherwise by a judge.
3. What if my apartment is unlivable during repairs? If repairs make your unit uninhabitable and the landlord doesn’t fix it within 14 days after written notice, you may terminate your lease.
4. Where can I file a complaint if my landlord ignores repairs? File a complaint with your local code enforcement or begin a case in Alabama District Court. Keep all correspondence.
5. Do I need to use a special form to notify my landlord? There’s no state-issued form, but a written letter or email detailing the issue and your lease termination notice is legally valid.

Key Takeaways for Renters

• Landlords must perform essential repairs and give proper notice before entering your unit.
• If serious repairs aren’t made in 14 days after written notice, you may be able to terminate your lease.
• Keep written records of all repair requests and responses.

Need Help? Resources for Renters in Alabama

• Alabama Landlord-Tenant Rights Information – Statewide resource for laws and guides.
• Alabama District Court – Handles landlord-tenant disputes.
• If you suspect code violations, contact your local city or county housing code enforcement or public health department (check your city’s official website).

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1. Alabama Uniform Residential Landlord and Tenant Act
2. Alabama District Courts – Landlord Tenant Case Information

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