Renting a home or apartment offers freedom and convenience, but it can come with significant challenges. One of the major issues tenants face is dealing with unresponsive landlords regarding maintenance and repairs. In Alabama, tenants have clear rights when landlords fail to make necessary repairs. Knowing these rights can empower tenants to take effective action and ensure their living spaces are safe and livable.
Understanding the Rental Agreement
When Alabama Law is silent (meaning there is no mention of a specific provision), your Rental Agreement will determine the rules. This contract sets the expectations for both the tenant and the landlord. Typically, these agreements detail:
Rental terms: Duration, cost, and payment schedule.
Repairs and maintenance responsibilities: Which party is responsible for maintaining different aspects of the property.
Tenants should carefully read their rental agreements. Understanding these terms helps prevent misunderstandings about repair responsibilities, which can lead to disputes later on.
Alabama's Implied Warranty of Habitability - Tenant Law
In Alabama, every rental agreement carries an implied warranty of habitability. This means that landlords must keep their rental properties up to certain safety standards. If a landlord neglects essential repairs, they may be violating this warranty, giving tenants specific rights:
Under this warranty, landlords are required to maintain essential services and repair conditions that jeopardize tenants’ health and safety. Common issues include:
Heating or cooling problems: About 19% or more of Alabama households live below the poverty line, making proper heating or cooling critical.
Plumbing issues: Leaking faucets or broken pipes can lead to major water damage.
Electrical hazards: Frayed wires can pose serious fire risks.
Structural damage: Cracks in walls or ceilings can create unsafe environments.
Steps Tenants Should Take When Repairs Are Needed
When a landlord fails to make necessary repairs, tenants should follow these steps to assert their rights:
1. Document the Issue
Start by documenting the problem thoroughly. Take clear photographs of the affected areas and maintain a detailed record of all communication with the landlord regarding repair requests. For example, if a tenant discovers mold due to a leak, they should document the mold's extent and note when they first reported it. This information can be vital if legal action becomes necessary.
2. Notify the Landlord in Writing
Written communication is more effective than verbal requests. Tenants should send a written notice to the landlord outlining the needed repairs. We recommend having a lawyer get involved by this point since many Landlords claim “we never got the notice.” A lawyer can properly serve the Landlord and squish their defenses early in the process. This notice should include:
A clear description of the issue.
The date the issue was first reported.
A request for prompt resolution.
Keeping a copy of this correspondence is crucial for future reference.
3. Wait for a Reasonable Response
After notifying the landlord, it's essential to allow a reasonable amount of time for repairs. While “reasonable” varies by case, general guidelines suggest waiting:
IMMEDIATELY for fire hazards and other hazards which could cause serious immediate injury.
14 days for serious issues impacting health and safety, such as broken heating systems, loss of water/electric, mold, etc.
If no action is taken, tenants might need to escalate their strategies.
Legal Options for Tenants
When landlords fail to act promptly, tenants have various legal options:
YOU MAY NOT WITHHOLD RENT!
YOU MAY NOT WITHHOLD RENT!
In Alabama, a tenant CANNOT legally withhold rent to enforce their rights while in possession of the rental property. According to Alabama law, specifically Ala. Code § 35-9A-164, a tenant must continue to pay rent even if they have grievances or claims against the landlord.
Seeking Legal Counsel
Apex Law handles between 75 and 100 of these cases each year and knows how to force the other side to make repairs, credit you for the diminished use of the property, and/or help you find alternative housing.
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