According to the Alabama Uniform Residential Landlord and Tenant Act, a tenant residing in Alabama may utilize the following remedies when a rental property suffers fire or casualty damage:
Fire or Casualty Damage
If the dwelling unit or premises are damaged or destroyed by fire or casualty not caused by the tenant to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may:
- Immediately vacate the premises and notify the landlord in writing within 14 days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
- If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.
If the rental agreement is terminated pursuant to this section, the landlord shall return all security and prepaid rent recoverable under Alabama Security Deposits and Prepaid Rent. An accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty.
Section 35-9A-406 (Act 2006-316, p. 668, §1.)
Return to Alabama Landlord-Tenant Laws.