Landlord repairs in Alabama

The landlord must follow building and housing codes that materially affect health and safety, make all repairs needed to put and keep the home in a habitable condition, and keep common areas clean and safe (§ 35-9A-204(a)). A lease cannot waive these duties (§ 35-9A-163). (Ala. Code § 35-9A-204(a))

Alabama law names these:

• working electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities and appliances (including elevators) the landlord supplies
• garbage receptacles and garbage removal
• running water
• reasonable amounts of hot water
• reasonable heat

To end the lease over a repair problem, the tenant must deliver a written notice to the landlord listing the problems and saying the lease will end on a date at least 14 days after the landlord receives it unless the problem is fixed (§ 35-9A-401(a)). For loss of heat, water, hot water, electricity, gas or another essential service, the landlord must first have received notice of the breach; the termination notice must be written (§ 35-9A-404(b)). (Ala. Code §§ 35-9A-401(a), 35-9A-404(b))

The notice must be in writing. Write a Alabama repair request letter.

Alabama sets no general repair deadline, but a tenant's written termination notice must give the landlord at least 14 days after receipt to fix a material breach or a code violation affecting health and safety; if the landlord fixes it in that time, the lease does not end (§ 35-9A-401(a)(1)). The same 14-day minimum applies to a termination notice for missing heat, water, hot water, electricity, gas or other essential services (§ 35-9A-404(b)(1)).

Law: Ala. Code §§ 35-9A-401(a), 35-9A-404(b)(1)

Not allowed. The Act gives tenants no repair-and-deduct remedy, and the Alabama Tenants' Handbook (2024) says the law does not allow a tenant to make repairs and deduct the cost from rent. In a single-family home the landlord and tenant may agree in writing that the tenant does certain repairs (§ 35-9A-204(c)).

Law:

Alabama Tenants' Handbook (2024), p. 9; Ala. Code § 35-9A-204(c)

Not allowed. A tenant in possession may not withhold rent to enforce any right under the Act (§ 35-9A-164). If the landlord sues for possession or rent, the tenant may counterclaim for repair damages but must pay accruing rent into court (§ 35-9A-405).

Law:

Ala. Code §§ 35-9A-164, 35-9A-405

Allowed. If the landlord does not fix a material breach or a health-and-safety code violation within at least 14 days after receiving the tenant's written notice, the lease ends on the date in the notice and the landlord must return the recoverable deposit and unearned prepaid rent (§ 35-9A-401(a), (d)). If the landlord willfully or negligently fails to promptly restore heat, running water, hot water, electricity, gas or another essential service after notice, the tenant may end the lease with a written notice at least 14 days ahead and move out, or instead recover damages for the reduced rental value (§ 35-9A-404(b)). A tenant cannot terminate for a condition the tenant's household or guests caused.

Law:

Ala. Code §§ 35-9A-401, 35-9A-404

The tenant may sue for actual damages, reasonable attorney's fees and an injunction (court order) for the landlord's failure to maintain the premises (§ 35-9A-401(b)). If the landlord willfully cuts off heat, water, hot water, electricity, gas or another essential service, the tenant may recover possession or end the lease and recover up to three months' rent or actual damages, whichever is greater, plus attorney's fees (§ 35-9A-407). After fire or casualty damage not caused by the tenant, the tenant may move out and end the lease (written notice within 14 days) or pay reduced rent for the unusable part (§ 35-9A-406).

A landlord may not raise rent, decrease services, or bring or threaten an eviction because the tenant complained to a code-enforcement agency about a health-and-safety violation, complained to the landlord about a § 35-9A-204 violation, or joined a tenants' union (§ 35-9A-501(a)). The tenant gets the § 35-9A-407 remedies and a defense to eviction. There is no presumption period. The landlord may still evict if the tenant is behind on rent, the tenant caused the violation, repairs require the unit to be vacated, or for other material lease violations (§ 35-9A-501(c)). (Ala. Code § 35-9A-501)

The Alabama Tenants' Handbook says to call the Health Department for health hazards such as rats or sewage, and the local housing inspector for safety hazards such as bad wiring or plumbing.

• Duties do not apply to conditions caused by the tenant, the tenant's family or guests (§ 35-9A-204(f)).
• In buildings other than a single-family home, a tenant may agree to do repairs only in a separate signed writing, for adequate consideration, and not for work needed to meet health-and-safety codes (§ 35-9A-204(d)).
• The landlord does not have to pay for utilities unless the lease says so (§ 35-9A-404(a)).

• Alabama repair request letter (free, runs in your browser)
• Breaking a lease in Alabama: notice periods and early-termination rights
• Alabama eviction notice rules: what a notice for unpaid rent requires

• Ala. Code § 35-9A-204 Landlord to Maintain Premises Retrieved October 14, 2026.
• Ala. Code § 35-9A-401 Noncompliance by the Landlord Retrieved October 14, 2026.
• Ala. Code § 35-9A-404 Wrongful Failure to Make Available Heat, Water, Hot Water, or Essential Services Retrieved October 14, 2026.
• Ala. Code § 35-9A-405 Counterclaims Retrieved October 14, 2026.
• Ala. Code § 35-9A-406 Fire or Casualty Damage Retrieved October 14, 2026.
• Ala. Code § 35-9A-407 Unlawful Ouster or Diminution of Service Retrieved October 14, 2026.
• Ala. Code § 35-9A-164 Payment of Rent Prerequisite Retrieved October 14, 2026.
• Ala. Code § 35-9A-163 Prohibited Provisions Retrieved October 14, 2026.
• Ala. Code § 35-9A-501 Retaliatory Conduct Prohibited Retrieved October 14, 2026.
• Alabama Tenants' Handbook (Revised 2024), Legal Services Alabama Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.