Can I withhold rent due to a sewer problem in my rental home?

Full question:

I just started renting a home that apparently has a sewer problem. I have resided in the home for 2 months and have repeatedly asked the landlord to have a plumber come out and inspect the sewer smell that radiates through the house and is particularly bad in the bathroom. The smell will take your breath away in the morning. They had a plumber come out and he said they would have to replace the floor in the bathroom. Well nothing has been done. The landlord came by and said the floor was fine, so I asked him to have a plumber come out and see if there was a leak. Well the rent is due again and there is still a smell in my home. It has gotten so bad my children can not sleep in their rooms because of the smell. Can I refuse to pay the rent until this matter is resolved or do I need to call another plumber and deducted it from the rent?

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

Answer:

First, review your lease agreement to see if it addresses this issue. If it doesn’t, Alabama's Landlord and Tenant Act applies. This law requires landlords to:

1. Make necessary repairs to keep the premises habitable.
2. Maintain common areas in a clean and safe condition.
3. Ensure all plumbing, electrical, and sanitary facilities are in good working order.
4. Provide proper garbage disposal and maintain running water and heat.

If your landlord fails to meet these responsibilities and the cost to fix the issue is less than half of your monthly rent, you can notify them of your intent to fix the problem at their expense. If they don’t address the issue within seven days of your written notice, you can arrange for repairs yourself and deduct the cost from your next rent payment, provided you submit an itemized receipt. Note that you cannot deduct for issues caused by you or your guests.