Quick Reference: AURLTA Repair Duties and Tenant Remedies

A tenant in Huntsville reports that the heat has failed. Two weeks pass. The tenant, following advice found online, stops paying rent until it is fixed.

In most states that tenant has a defensible position. In Alabama, that is not a permitted way to enforce the tenant's AURLTA rights.

Section 35-9A-164 is one sentence long: the tenant may not withhold payment of rent to the landlord, while in possession, to enforce any of the tenant's rights under this chapter.

That single provision shapes every repair dispute in Alabama. The tenant has real remedies, and some of them are strong. But withholding rent is not one of them. A tenant who withholds rent to enforce repair rights can instead create a separate nonpayment issue while the repair dispute remains unresolved.

For a property manager, that changes what the file has to prove and when. This guide covers the six duties in Section 35-9A-204, the two principal repair-remedy routes under Sections 35-9A-401 and 35-9A-404, the election rule that governs the choice between them, and the conditions that switch each remedy off.

The Six Duties Under Section 35-9A-204

Section 35-9A-204(a) requires a landlord to:

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

5. Provide and maintain appropriate receptacles for garbage, rubbish and other waste incidental to occupancy, and arrange for their removal

6. Supply running water and reasonable amounts of hot water at all times and reasonable heat

Two features of duty 6 deserve attention.

Water and hot water are owed at all times. Heat is not date-bounded. Alabama says "reasonable heat" without a calendar window, unlike states that specify a season.

But there are two carve-outs. Duty 6 does not apply where the building is not required by law to be equipped for that purpose, or where the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

That second carve-out matters operationally. Where the tenant's own water heater runs off their own utility account, the statutory supply duty does not reach it.

And codes can raise the floor. Under subsection (b), if the duty imposed by subdivision (1), the codes duty, is greater than any duty imposed by any other subdivision, the landlord's duty is determined by reference to subdivision (1). Where the applicable building or housing code imposes a greater duty than another subdivision of Section 35-9A-204(a), the landlord's duty is determined by the code requirement, which makes inspection records and code correspondence part of the repair file rather than separate from it.

Shifting Repair Work to the Tenant

AURLTA permits it, on very different terms depending on the property type. Managers who run mixed portfolios need both rules.

Single family residence, under subsection (c). The landlord and tenant may agree in writing that the tenant performs the landlord's duties under subdivisions (5) and (6), the waste removal and the water and heat duties, and also specified repairs, maintenance tasks, alterations and remodeling.

That is a broad transfer. For a single family home, even the water and heat duty can move to the tenant by written agreement.

Any other dwelling unit, under subsection (d). The parties may agree that the tenant performs specified repairs, maintenance tasks, alterations or remodeling only if all three of the following hold:

1. The agreement is set forth in a separate writing signed by the parties and supported by adequate consideration

2. The work is not necessary to cure noncompliance with subdivision (1), the codes duty

3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises

Three differences from the single family rule follow. It must be a separate writing, not a lease clause. It must be supported by adequate consideration, so the arrangement should clearly identify the consideration supporting the tenant's undertaking. And it cannot reach code compliance work at all.

And it can never be a condition of the tenancy. Subsection (e) provides that the landlord may not treat performance of the separate agreement described in subsection (d) as a condition to any obligation or performance of any rental agreement.

Read that as a drafting rule. A maintenance agreement should not make the tenant's performance a condition to an obligation or performance under the rental agreement.

One more limit worth knowing. Under subsection (f), rights of the tenant under this section do not arise if the condition was caused by the willful or negligent act or omission of the tenant, a member of the tenant's family, a licensee, or other person on the premises with the tenant's consent.

That is a broad exclusion. It reaches licensees and guests, not just the tenant and household, and it operates at the level of the section itself rather than as a defense to a particular remedy.

Route One: Terminate Under Section 35-9A-401

Where there is material noncompliance with the rental agreement, or a noncompliance with Section 35-9A-204 materially affecting health and safety, Section 35-9A-401(a) lets the tenant deliver a written notice specifying the acts and omissions constituting the breach, and stating that the agreement will terminate on a date not less than 14 days after receipt if the breach is not remedied within that period.

Note the threshold. Not every breach of Section 35-9A-204 qualifies. A noncompliance with that section must materially affect health and safety to support this route, though material noncompliance with the rental agreement itself is an independent trigger.

Cure defeats termination. Under (a)(1), if the breach is remediable by repairs, payment of damages or otherwise, and the landlord adequately remedies the breach before the date specified in the notice, the agreement does not terminate.

The operative deadline is therefore the date in the tenant's notice, not the fourteenth day. A tenant who specifies a later date has given you longer.

Tenant-caused conditions are excluded. Under (a)(2), the tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a family member, a licensee, or another person on the premises with the tenant's consent.

And damages run alongside, not instead. Under (b), the tenant may recover actual damages and reasonable attorney fees and obtain injunctive relief for noncompliance with the rental agreement or Section 35-9A-204. Under (c), that remedy is in addition to any right arising under subsection (a).

Two points for a manager. The attorney fee exposure is statutory and runs to the tenant on a successful claim. And the damages route does not require the health and safety threshold that the termination route does; subsection (b) refers simply to noncompliance with the agreement or Section 35-9A-204.

On termination, money goes back. Under (d), the landlord must return all security recoverable by the tenant under Section 35-9A-201 and all unearned prepaid rent.

Route Two: Essential Services Under Section 35-9A-404

Alabama treats loss of essential services separately, and the section is more favorable to landlords than the equivalent provision in many states.

First, a threshold question about who pays. Under Section 35-9A-404(a), the landlord is not responsible for the payment of utility services unless agreed in the lease. Where the tenant holds the account, a service interruption for non-payment is not the landlord's breach.

Second, the trigger is demanding. Under (b), the section applies where, 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.

Three elements have to line up: the tenant's notice must have come first, the failure must be willful or negligent, and it must be a failure to act promptly.

Third, the tenant has exactly two options. Under (b)(1) and (b)(2), the tenant may:

• Send a written notice specifying the date of termination not less than 14 days after receipt, and on vacating, the agreement is rightfully terminated without further obligation or penalty, with security and unearned prepaid rent returned; or

• Recover damages based upon the diminution in the fair rental value of the dwelling unit

Notice what is absent. There is no repair-and-deduct right here, and no substitute housing remedy. Alabama does not give a tenant the option to procure the service and charge it back, which several other states do.

And the same exclusion applies. Under (d), rights under the section do not arise where the condition was caused by the willful or negligent act or omission of the tenant, a family member, a licensee, or another person on the premises with the tenant's consent.

The Election Rule

Section 35-9A-404(c) is the provision most likely to be missed, and it is the one that determines how a manager should respond to a tenant's letter.

If the tenant proceeds under this section, the tenant may not proceed under Section 35-9A-401 as to that breach.

For that breach, proceeding under Section 35-9A-404 prevents the tenant from also proceeding under Section 35-9A-401. That matters to what is on the table, because Section 35-9A-404 does not contain the attorney-fee and injunctive-relief remedies expressly provided by Section 35-9A-401(b).

For a manager, that means the first question on receiving a tenant's written notice is not "is this true?" It is "which section is this under?" The answer determines what the tenant can recover and what you are defending.

What Alabama Does Not Give the Tenant

Three absences define Alabama repair practice, and together they explain why the state is considered landlord-favorable on this issue.

• No rent withholding. Section 35-9A-164 prohibits it outright while the tenant is in possession. It prevents a tenant from using rent withholding as the method of enforcing those rights while remaining in possession.

• No repair and deduct. AURLTA does not provide a repair-and-deduct remedy in Sections 35-9A-401 or 35-9A-404. A tenant should not assume that the cost of a repair can be deducted from rent under those provisions.

• No substitute housing remedy. Section 35-9A-404 offers termination or diminution damages. It does not fund alternative accommodation.

But the counterclaim route is open. Under Section 35-9A-405, in an action for possession or for rent while the tenant is in possession, the tenant may counterclaim for any amount recoverable, and shall pay into court rent accrued and thereafter accruing. Where the defense or counterclaim is without merit and not raised in good faith, the landlord may recover reasonable attorney's fees.

That provides another procedural route through which a repair-related claim may be raised once a possession or rent action is pending. The tenant cannot withhold, but they can raise the condition of the unit as a counterclaim once the landlord files, with the rent paid into court in the meantime. Our guide to the Alabama Uniform Residential Landlord and Tenant Act covers that mechanism and the eviction process it sits inside.

Two Provisions That Constrain the Landlord

Prohibited lease terms. Under Section 35-9A-163(a), a rental agreement may not provide that the tenant agrees to waive or forego rights or remedies established under Section 35-9A-204, Section 35-9A-401 or Section 35-9A-404, or the security deposit requirements. It also prohibits confession of judgment, agreements to pay the landlord's attorney's fees or cost of collection, and exculpation or indemnity clauses.

Note which sections are named. The three provisions this article is about are precisely the ones a lease cannot waive.

Retaliation. Under Section 35-9A-501(a), a landlord may not retaliate by discriminatorily increasing rent, decreasing services, or bringing or threatening a possession action because the tenant complained to the landlord of a violation of Section 35-9A-204, complained to a governmental agency about a code violation materially affecting health and safety, or organized or joined a tenant's union.

A tenant's repair complaint can therefore constitute protected activity, so any subsequent rent increase, reduction in services, or possession action should be evaluated against Section 35-9A-501 and its exceptions.

Subsection (c) preserves the landlord's position in four situations, including where the code violation was caused primarily by lack of reasonable care by the tenant, family or a person there with consent, where the tenant is in default in rent, and where there are other material violations of the lease.

That first exception connects back to Section 35-9A-204(f) and Section 35-9A-401(a)(2). Alabama repeatedly asks the same question: who caused the condition?

Common Alabama Repair Compliance Mistakes

1. Treating a rent withholding as a repair dispute
Section 35-9A-164 bars withholding while in possession. The arrears are arrears.

2. Putting a multi-unit maintenance transfer in the lease
Section 35-9A-204(d) requires a separate signed writing with its own consideration.

3. Transferring code compliance work
Section 35-9A-204(d)(2) prohibits it for any unit other than a single family residence.

4. Making a maintenance agreement a condition of renewal
Section 35-9A-204(e) prohibits treating performance as a condition of any rental agreement obligation.

5. Assuming the statutory heat and water duty always applies
Section 35-9A-204(a)(6) carves out buildings not required by law to be equipped, and units where the installation is within the tenant's exclusive control on a direct utility connection.

6. Ignoring the local code
Section 35-9A-204(b) makes the code duty controlling wherever it is greater.

7. Diarying 14 days from the tenant's notice
Section 35-9A-401(a)(1) turns on the date specified in the notice, which may be later.

8. Not identifying which section the tenant invoked
Section 35-9A-404(c) bars a tenant using that section from also using Section 35-9A-401 for that breach.

9. Overlooking the attorney fee exposure
Section 35-9A-401(b) gives the tenant actual damages, reasonable attorney fees and injunctive relief.

10. Paying for utilities you never agreed to
Section 35-9A-404(a) makes the landlord responsible only where the lease so provides.

11. Keeping a waiver clause in the lease
Section 35-9A-163(a) names Sections 35-9A-204, 401 and 404 specifically.

12. Acting on a repair complaint with a rent increase
Section 35-9A-501 makes a complaint about a Section 35-9A-204 violation protected activity.

What the Repair File Has to Establish

Alabama repair disputes turn on three questions, and all three are answered by records created before anyone is arguing.

• Who caused the condition? Section 35-9A-204(f) removes the tenant's rights under the whole section where the tenant, a family member, a licensee or a guest caused the condition. Section 35-9A-401(a)(2) repeats it for termination. Section 35-9A-404(d) repeats it again for essential services. And Section 35-9A-501(c) makes it an answer to a retaliation claim. The same factual question appears four times, which makes cause the single most valuable thing your file can evidence.

• When did notice arrive, and what did it say? Section 35-9A-404 requires the tenant's notice before the landlord's failure can be willful or negligent. Section 35-9A-401 runs its period from receipt. And the date specified in the tenant's own notice, not the statutory minimum, is the deadline for cure.

• What does the local code require? Because Section 35-9A-204(b) makes the code duty controlling wherever it is greater, the code position is part of the standard rather than a separate compliance track.

Those three records live in different places in most operations. The condition and cause evidence sits with the move-in and inspection history, the notice trail sits in communications, and the code correspondence often sits with nobody in particular.

RIOO keeps the repair request and response trail in Service Request & Task Management, planned and code-related work in Maintenance Planning & Scheduling, any separate Section 35-9A-204(d) maintenance agreement alongside the lease in Contracts & Renewals, and the condition record from the start of the tenancy in Move Ins & Move Outs.

Conclusion

Alabama gives tenants a conventional set of landlord duties and an unusually narrow set of self-help remedies.

The duties in Section 35-9A-204 are the standard six, with the code requirement governing where it imposes a greater duty than another subdivision, and two carve-outs on the heat and water obligation. The rules for transferring maintenance responsibilities differ substantially between single-family residences and other dwelling units, with the latter requiring a separate signed writing supported by adequate consideration, excluding code work, and never operating as a condition of the rental agreement.

The remedies are where Alabama diverges. There is no rent withholding, no repair and deduct, and no substitute housing. What a tenant has is a 14-day termination notice under Section 35-9A-401, damages and attorney fees alongside it, or a diminution-of-value claim under Section 35-9A-404 for essential services. Choosing the second forecloses the first for that breach.

And running through all of it is one repeated question. Section 35-9A-204(f), Section 35-9A-401(a)(2), Section 35-9A-404(d) and Section 35-9A-501(c) all turn on whether the tenant or someone there with their consent caused the condition.

For managers in Birmingham, Montgomery, Huntsville, Mobile and Tuscaloosa, the practical sequence is: date-stamp every repair notice on receipt and record which section it invokes; respond before the date the tenant specified rather than the statutory minimum; document cause at the point the condition is reported, not at the point it is disputed; keep code correspondence in the repair file; move any tenant maintenance arrangement out of the lease into a separate paid-for writing; and never treat a rent withholding as anything other than arrears.

This blog is for informational purposes only and does not constitute legal advice. AURLTA has been amended since enactment, including Section 35-9A-401 by Act 2011-700. Applicable building and housing codes vary by locality and can determine the landlord's duty under Section 35-9A-204(b), and individual circumstances differ. Confirm the current statutory text with the Code of Alabama, check the applicable local codes, and consult a licensed Alabama attorney on a specific repair dispute or notice.

Frequently Asked Questions

Q1. What repairs must an Alabama landlord make?
Under Section 35-9A-204(a): comply with applicable building and housing codes materially affecting health and safety; make all repairs necessary to put and keep the premises habitable; keep common areas clean and safe; maintain supplied electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities including elevators; provide and arrange removal of waste receptacles; and supply running water, reasonable hot water and reasonable heat, subject to two exceptions.

Q2. Can an Alabama tenant withhold rent for repairs?
No. Section 35-9A-164 provides that a tenant may not withhold payment of rent while in possession to enforce any right under the chapter.

Q3. Does Alabama have a repair and deduct remedy?
No. Neither Section 35-9A-401 nor Section 35-9A-404 provides one. The tenant's statutory remedies are termination, damages, attorney fees and injunctive relief, or diminution of fair rental value for essential services.

Q4. How long does an Alabama landlord have to fix a problem?
Under Section 35-9A-401(a) the tenant's notice must specify a termination date not less than 14 days after receipt. If the landlord adequately remedies before the date specified in the notice, the agreement does not terminate.

Q5. What happens if heat or water fails in Alabama?
Under Section 35-9A-404(b), where the landlord willfully or negligently fails to promptly make the service available after receiving notice, the tenant may terminate on not less than 14 days' written notice, or recover damages based on the diminution in fair rental value.

Q6. Can an Alabama tenant use both repair remedies?
No. Under Section 35-9A-404(c), a tenant who proceeds under that section may not proceed under Section 35-9A-401 as to that breach.

Q7. Is an Alabama landlord responsible for utility bills?
Only if agreed in the lease. Section 35-9A-404(a) states the landlord is not responsible for the payment of utility services unless the lease so provides.

Q8. Can an Alabama lease make the tenant responsible for repairs?
For a single family residence, yes by written agreement under Section 35-9A-204(c), including the waste and water and heat duties. For any other dwelling unit, only under Section 35-9A-204(d) by a separate signed writing supported by adequate consideration, never for code compliance work, and never as a condition of the rental agreement.

Q9. What if the tenant caused the problem?
Under Section 35-9A-204(f), the tenant's rights under that section do not arise where the condition was caused by the willful or negligent act or omission of the tenant, a family member, a licensee, or another person on the premises with the tenant's consent. Parallel exclusions appear in Sections 35-9A-401(a)(2) and 35-9A-404(d).

Q10. Can a lease waive these repair rights?
No. Section 35-9A-163(a) prohibits a rental agreement providing that the tenant waives or foregoes rights or remedies under Sections 35-9A-204, 35-9A-401 or 35-9A-404.

Q11. Is complaining about repairs protected in Alabama?
Yes. Under Section 35-9A-501(a), complaining to the landlord of a Section 35-9A-204 violation is protected activity, subject to the exceptions in subsection (c) including default in rent and other material lease violations.