According to the Alabama Uniform Residential Landlord and Tenant Act, a tenant residing in Alabama may utilize the following remedies if a landlord fails to provide essential rental property services:
Failure to Provide Essential Services
Note: The landlord is not responsible for the payment of utility services unless agreed in the lease.
If contrary to the rental agreement or Alabama Landlord’s Responsibility to Maintain Premises, after receiving notice of the breach from the tenant, the landlord willfully or negligently fails to promptly make available heat, running water, hot water, electric, gas, or other essential service, the tenant may:
- Send a written notice specifying the date of termination not less than 14 days after receipt of notice and upon vacation of the premises, the rental agreement shall be rightfully terminated without further obligation or penalty. If the rental agreement is terminated pursuant to this section, the landlord shall return all security and prepaid rent recoverable by the tenant under Alabama Security Deposits and Prepaid Rent; or
- Recover damages based upon the diminution in the fair rental value of the dwelling unit.
If the tenant proceeds under this section, the tenant may not proceed under the subsection Alabama Landlord Noncompliance as to that breach.
Note: Rights of the tenant under this section do not arise if the condition was caused by the willful or negligent act or omission of the tenant, a member of the tenant’s family, a licensee, or other person on the premises with the tenant’s consent.
Section 35-9A-404 (Act 2006-316, p. 668, §1.)
Return to Alabama Landlord-Tenant Laws.