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:
- State: Alabama
Answer:
In Alabama, landlords must keep rental properties habitable, as outlined in Code of Ala. § 35-9A-204. If your landlord fails to address essential repairs, you have several options. You can terminate your rental agreement without further obligations and seek a refund of your rent. The relevant tenant rights are detailed in Code of Ala. § 35-9A-404.
According to Code of Ala. § 35-9A-204, landlords must:
- Comply with building and housing codes affecting health and safety.
- Make necessary repairs to maintain habitability.
- Keep common areas clean and safe.
- Maintain all essential services, including plumbing, in good working order.
If your landlord neglects these duties after receiving notice from you, per Code of Ala. § 35-9A-404, you may:
- Send a written notice to terminate your rental agreement, effective at least 14 days after the notice date. Upon vacating, the agreement ends without penalties, and you can recover your security deposit and any unearned prepaid rent.
- Seek damages based on the reduced rental value of your unit.
Thus, you can cancel your rental agreement and may be entitled to recover your security deposit and prepaid rent from your landlord.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.