Alabama Lessee Resident Request for Maintenance or Repairs
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FAQ
Despite popular opinion, Alabama tenants can not withhold rent or use "repair and deduct" when landlords fail to make important repairs that are necessary to keep the rental fit and habitable. (Ala. Code § 35-9A-164.)
It says landlords should fix major problems within two weeks if they pose a threat to a tenant's health and security, such as a broken boiler in the depths of winter.
"Unfortunately in Alabama, you are not allowed to withhold rent for a landlord's failure to make repairs. So once you've given that 14-day notice, or even if you haven't, you have to stay current on your rent," Majid said.
Landlord's responsibilities A landlord is responsible for: repairs to the structure and exterior of the property, heating and hot water systems, basins, sinks, baths and other sanitaryware. the safety of gas and electrical appliances. the fire safety of furniture and furnishings provided under the tenancy.
Tenants have the right to suitable housing and the right to pursue some forms of alternative action. Alabama landlords have the right to collect rent in a timely manner and the right to pursue formal eviction in the case of a lease violation. Note: These rights exist regardless of a rental agreement stating otherwise.
The landlord must keep making all repairs or do whatever is necessary to keep the rental unit habitable. The landlord must also maintain all electrical, plumbing, sanitary, heating, ventilation systems supplied or required to be supplied by the landlord in safe working condition.
See Ala. Code § 35-9A-422. Utilities The Act requires landlords to keep in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other appliances that are supplied or required to be supplied by a landlord.
You should only carry out repairs if the tenancy agreement says you can. You can't be forced to do repairs that are your landlord's responsibility. If you damage another tenant's flat, eg if water leaks into another flat from an overflowing bath, you're responsible for paying for the repairs.
You have a time limit to fix the problem 7 days for failure to pay rent, 14 days for most other reasons.
