What action can be taken against the landlord if he fails to make repairs?

Full question:

I am a tenant in Alabama. The plumbing of my kitchen sink has become faulty and due to this, dirty water flows to the interior and produces foul smell. The house has become inhabitable and I intimated this matter to the landlord by a written notice. But he has not taken any action to repair it so far. What is the remedy available to me?

• Category: Landlord Tenant
• Subcategory: Repairs
• Date: 04/07/2025
• State: Alabama

Answer:

In Alabama, the landlord is required to maintain the premises in a habitable condition, which has been provided in Code of Ala. § 35-9A-204 (2016). And if the landlord is not maintaining the premises habitable or neither willing to repair essential services, remedies are available to the tenant. The tenant can terminate the rental agreement without further obligations and proceed with a recovery of the rent. The provisions enumerating the tenant’s rights have been given in Code of Ala. § 35-9A-404 (2016).

Code of Ala. § 35-9A-204 reads as follows:

“(a) A landlord shall:
     (1) comply with the requirements of applicable building and housing codes materially affecting health and safety;
     (2) make all repairs and do whatever is necessary to put and keep the premises in a habitable condition;
     (3) keep all common areas of the premises in a clean and safe condition;
     (4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
***”

Code of Ala. § 35-9A-404 provides in pertinent part that:

“***
(b) If contrary to the rental agreement or Section 35-9A-204, 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:
     (1) 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 recoverable by the tenant under Section 35-9A-201 and all unearned prepaid rent; or
  (2) recover damages based upon the diminution in the fair rental value of the dwelling unit.
***”

Hence, per the preceding statutory provisions which provides for landlord’s obligations and the remedies available to a tenant, you may cancel the rental agreement without further obligation or penalty. If the agreement is terminated, you may be entitled to recover the security deposit and prepaid rent from the landlord.