Alabama Landlord Maintenance Obligations: Habitability and Repair Requirements

Alabama law places clear maintenance obligations on landlords through the implied warranty of habitability, codified in Alabama Code § 35-9A-204. This guide explains what landlords must maintain, repair timelines, and what happens when obligations are not met.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in Alabama for guidance specific to your situation. Information last verified: March 2026.

Landlord Maintenance Obligations

Under the AURLTA (§ 35-9A-204), landlords must:

1. Comply with Building and Housing Codes

Maintain the rental property in compliance with all applicable building, housing, and health codes that materially affect health and safety. This includes local city and county codes where applicable.

2. Make Necessary Repairs

Keep the premises in a fit and habitable condition. Specifically, landlords must maintain:

3. Maintain Common Areas

For multi-unit properties, landlords must keep all common areas (hallways, stairwells, lobbies, parking lots, laundry rooms) in a clean and safe condition.

Repair Timelines

Standard Repairs

• Upon receiving written notice from a tenant about a needed repair, landlords generally have 14 days to complete the repair
• The 14-day period begins when the landlord receives the written notice

Emergency Repairs

For conditions that pose an immediate threat to health or safety, landlords should respond within 24–48 hours. Emergency situations include:

• No heat during winter months
• Gas leaks
• Broken water pipes or flooding
• Electrical hazards
• Broken locks on exterior doors
• No running water
• Sewage backups

Tenant Remedies

Alabama's tenant remedies for landlord non-compliance are more limited than many other states:

What Tenants CAN Do

1. Send written notice — Formally notify the landlord of the issue
2. Terminate the lease — If the landlord fails to repair within 14 days and the issue materially affects habitability, the tenant may terminate the lease with proper notice
3. Sue for damages — The tenant can pursue a court claim for damages resulting from the landlord's failure to maintain the property
4. Report code violations — Contact local building or health inspectors

What Tenants CANNOT Do

Alabama does not allow the following remedies that some other states permit:

• Repair and deduct — Tenants cannot make repairs and deduct the cost from rent
• Rent withholding — Tenants cannot withhold rent due to habitability issues
• Engaging in either of these actions may constitute a lease violation and grounds for eviction

Tenant Maintenance Responsibilities

Under § 35-9A-301, tenants are responsible for:

1. Keeping the unit clean and sanitary — Routine cleaning and upkeep
2. Disposing of waste properly — Using provided trash receptacles
3. Using systems and appliances reasonably — Operating plumbing, electrical, heating, and appliances as intended
4. Not damaging the property — Avoiding willful or negligent destruction
5. Reporting issues promptly — Notifying the landlord of needed repairs in writing
6. Allowing access for repairs — Providing reasonable access when the landlord needs to make repairs

Tenant-Caused Damage

If damage is caused by the tenant (or their guests), the tenant is responsible for the cost of repairs. The landlord may:

• Deduct repair costs from the security deposit
• Bill the tenant directly
• Pursue damages in court

Best Practices for Landlords

1. Conduct regular inspections — Schedule periodic maintenance inspections (with proper notice)
2. Respond promptly to repair requests — Don't wait until the 14-day deadline
3. Document all repairs — Keep records of when requests were received, when repairs were made, and costs incurred
4. Maintain a preventive maintenance schedule — Regular HVAC servicing, plumbing checks, and appliance maintenance reduce emergency repairs
5. Use written communication — Keep a paper trail of all maintenance-related communications
6. Budget for maintenance — Set aside a percentage of rental income for ongoing repairs and capital improvements
7. Know local codes — Familiarize yourself with city and county building codes that apply to your properties

How Landager Helps

Landager's maintenance tracking features help you log repair requests, set response deadlines, track repair costs, and maintain a complete history of all maintenance activities — helping you stay compliant and keeping your properties in top condition.

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