Landlord Tenant Repairs

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November 26, 2024

Client Story

It’s a landlord’s responsibility to make repairs to the property that they rent to others. While the issues you may have with a property you rent are usually minor, they can sometimes be serious enough to make your home unlivable. In this case, it’s important to know your rights and responsibilities, as well as what legal action you can take if your landlord refuses to repair a major issue with your home. 

Context

Everyone who rents a home has the right to habitable living conditions. This means that your landlord is responsible for taking care of the electrical, plumbing, sanitary, and heatring cooling & ventilation systems, as well as other facilities and appliances provided with the lease.

Your landlord is also required to obey building and housing codes for the state, county, and city where you live. In short, your landlord has a duty to make sure that the home you rent from them is free of issues which could impact your health or safety.

On the other hand, your responsibility as a tenant—other than paying rent—is to keep the property clean and not abuse it. This includes disposing of garbage, preventing guests or household members from damaging the property, and ensuring good care is taken (like closing the windows during a rainstorm, or letting faucets drip slightly during severe cold.) 

Under Alabama law, you are not permitted to stop paying rent, even if your landlord does not comply with building and housing codes. Follow the steps below to address the issue properly.  

Steps

Step 1: How serious is the repair issue?

How serious the repair problem depends on whether it affects the habitability of the property, or whether it creates unsafe or unhealthy conditions for those who live there.

  • Normal wear and tear – This includes signs of everyday use such as worn-out carpet, peeling paint, and scuffs on the walls. As a tenant, you are not responsible for fixing these issues, only to try to avoid causing them. You may request your landlord address these issues, but since they don’t affect how livable your home is, there isn’t much the law can do to make them act.
  • Materially affecting health and safety – These issues are far more serious. They include things like faulty wiring which poses a risk of fire, plumbing issues which can cause mold or water damage, and severe pest infestations which can’t be exterminated with cleaning and off-the-shelf solutions alone. This may also include broken locks or damaged windows which affect how secure your home is.

Step 2: Contact your landlord

Whether the issue is normal wear and tear or something more serious, your first step should always be to reach out to your landlord.

The best way to do this is by letter or email. This makes sure that there’s proof that you reached out to them as well as the date when you did so.

In many cases your landlord may comply with your request and send and employee or contractor to fix your problem. In this case they must give you 2 days written notice before entering your home.

Important: When you reach out to your landlord about a repair issue, it’s important to do so in as polite and professional a way as possible—even if you’re frustrated or upset by the issue in question. Remember that the person who reads your repair request usually isn’t responsible for causing the problem but does have the power to help you fix it. Treating them with the same respect with which you’d like to be treated can often prevent issues from escalating to legal action to begin with.

Step 3: What to do if your landlord does not fix the issue.

  • If the issue is normal wear and tear: If your landlord doesn’t respond to your first request for repairs, send a follow-up letter or email which includes the date and save a copy for your records. A polite reminder can sometimes prompt the landlord to act; however, since the landlord only has a duty to address things that affect the livability of the property, there’s not much more to be done at this step.
  • If the issue materially affects your health or safety: If the repair issue does affect the health and safety of your household, and the landlord has not acted within 14 days of you notifying them, you have the power to rightfully terminate your lease.
    • You may terminate your lease within another 14 days of the landlord receiving this second letter or email.
    • Mention the original letter or email you sent reporting the problem, including a copy if possible, as well as the date on which it was sent.
    • State clearly the date you intend to vacate. Remember that it must be at least 14 days after your landlord receives your letter or email. Make plans to move out on this date if your landlord does not act.
    • Insist that they return your security deposit.
    • Take pictures of the damage which the landlord has failed to repair. Include these in your letter or email and keep copies for your own records.

Step 4: What to do if the landlord fails to fix a health or safety issue within 14 days of receiving notice.

Depending on the type of repair problem you’re having, there may be options to pursue before ending your lease entirely.

  • If the landlord fails to fix a health hazard like rats or sewage, call the health department. 
  • If the landlord fails to fix a safety hazard like faulty plumbing or wiring, call the housing inspector. You can find their contact information by searching Google or another search engine for [Your City or County] Inspection Department. 
  • If these solutions have failed and the landlord has not addressed the issue and you’ve properly terminated the lease in accordance with the 14-day notice, prepare to move out by the date you specified. Make sure you return the apartment in good condition to protect your security deposit. 
    • Take photos or videos of the apartment after you’ve moved out to document its condition. This can help refute any claims of excessive damage that your landlord may make against you. 
    • Be sure to return all keys and any other items (like garage openers) to the landlord. Get a receipt for their return if possible. 
    • Alabama law requires landlords to return security deposits within 60 days of the tenant moving out. You should leave a forwarding address with your landlord so they can return your security deposit on time.  
    • Your landlord can deduct charges from your security deposit, but Tthey can only withhold money for damages beyond normal wear and tear or unpaid rent. If the landlord sends you anything less than your full security deposit, then they must include a list of the charges that they have deducted from your security deposit. 
    • If the landlord fails to return your deposit without valid reason, you might be able to take legal action to recover it. 
    • Within a few weeks of moving out, follow up on the return of your security deposit by sending a letter to the landlord. 
    • If you don’t receive it, or receive an insufficient amount, you may need to send a written demand for its return or take legal action. 

Step 5: Possible landlord responses if you terminate the lease and move out.

When you terminate your lease and vacate the property, you should always be prepared for a variety of possible responses from the landlord–even if you’ve done everything right.

  1. Acknowledgment of Lease Termination
    • The landlord might acknowledge that you have legally terminated the lease and accept your departure without dispute.
    • This is the ideal scenario. You can expect to receive your security deposit (minus any legitimate deductions for damages) back from the landlord.
  1. Security Deposit Dispute
    • The landlord might claim damages beyond normal wear and tear or withhold part of your security deposit.
    • If this happens, they should provide an itemized list of damages and the cost of repairs. Make sure when leaving the apartment to keep photos and documentation of any damage to the unit in order to answer potentially unjust claims your former landlord makes.
    • See Step 6 for a discussion on how to handle this scenario if you think that the landlord is withholding too much from your security deposit.
  1. Request for Rent Payment
    • Under Alabama law, you are not permitted to withhold rent due to your landlord’s failure to make repairs to the property.  
    • You are required to pay rent for each day that you have possession of the property. Possession is not the same as living in the property. You are considered to be have possession of the property as long as your personal property remains inside and you have the keys to the unit.  
    • If you terminate your lease, your landlord may argue that you owe unpaid rent.  
    • If you believe that you paid rent through the date that you returned possession of the property to the landlord, then you may be able to dispute the landlord’s claim for rent.  
  1. Legal Action
    • If the landlord disputes your termination of the lease or claims you owe additional rent or damages, they might pursue legal action.
    • Be prepared with the documentation you’ve kept and the photos or videos you’ve taken to defend yourself if necessary. See Step 6 for more information on how to handle this scenario.

Step 6: How to handle any litigation that might come up.

When you terminate your lease and vacate the property, you should always be prepared for a variety of possible responses from the landlord–even if you’ve done everything right.

  1. What if your landlord unfairly withholds some or all of your security deposit?
    • If your landlord provides you an itemized list of things they’ve deducted from your deposit, you have the right to dispute those deductions in small claims court. You should file your claim as soon as possible.
    • Tenants can choose to file a claim for the disputed amount up to $6,000 in small claims court.
    • Use photos and videos taken of your unit both at move-in and move-out to support your case.  
    • You will need to provide evidence to counter the landlord’s charges, such as photos and video of the unit at move-in and move-out, the move-in inspection report you may have completed for the landlord, and receipts for any cleaning or repairs that your household performed while living there.
    • If you successfully prove that the deductions taken by your landlord were invalid or excessive, the court can order the landlord to refund you some or all of the deposit accordingly.
    • Click here for a helpful guide on filing a case in small claims court.
  2. What if the landlord pursues legal action against you for additional rent or damages?
    • Even if you break the lease and vacate the property properly as you stated you would after the 14-day period, the landlord might still try to take legal action against you.
      • The landlord may argue that you still owe rent from the time period between the notice and the date you vacated. 
      • They may also argue that you damaged the property, and seek compensation from you.
    • When you are served the court papers, read the complaint carefully. Pay attention to both the allegations the landlord has made, and your deadline to file an answer.
    • Filing an answer is the most important part. You can file your answer electronically on AlaFile (see the top right corner of the webpage to register a free account).
    • If you do not file an answer, the landlord will get a “default judgment” against you. You will NOT get a court date. They will be able to collect on the judgment by garnishing your wages or assets and you will never get a chance to tell your side of the story. It is very important that you file an answer. Here is an example answer form. 
    • When you attend the court date be sure to bring:
      • Records of the repair issue
      • Evidence of the condition of your apartment
      • The 14-day notice
      • Records of any relevant communications between you and your landlord. 
    • Courts will typically not move the court date, so you must attend. If you don’t, the court will rule against you and it will be difficult, if not impossible, to get another court date.
    • In the event that your former landlord takes you to court, an attorney can help you make your best case. Contact https://legalservicesalabama.org/apply-for-services/ to see if you are eligible for free legal assistance.
  3. What if you want to sue for the diminished value of the property?
    • First, decide whether you will bring the suit in small claims court ($6000 or less) or district court ($6000 to $10000). 
      • If you decide to go to small claims court, see the link provided in Part A for a helpful guide.
      • If you decide to go to district court, an attorney can help you make your best case. As mentioned above, contact Legal Services Alabama to see if you are eligible for a free attorney.
    • If you decide to bring the suit in district court without an attorney, you will need to file a complaint on AlaFile. See here for a sample complaint form.
      • You will file the Complaint at the county courthouse. This is usually the county where the rental property at is located.
      • When you come to the courthouse, ask District Civil clerk’s office.
      • You will have to pay a filing fee to file a lawsuit. If you cannot afford to pay, you can ask the court to waive the filing fee up front by completing an “Affidavit of Hardship.” On this form, list all of your income, expenses, and assets. Whoever loses the case in the end will have to pay the filing fee.
    • You must ensure the landlord is formally notified of the lawsuit. This is typically done through a process server or by certified mail.
    • As mentioned above, courts will not typically move the court date. When you go to court, make sure you bring documentation of the repair issue, the condition of your apartment, and the 14-day notice to support your case.
    • If you win, you will obtain a judgment. A judgment is a court order that says the Defendant owes you money. You then have to collect that money. The Defendant does not have to voluntarily pay you. The Defendant may pay you directly or may pay the funds to the court clerk, who will then distribute those funds to you.
    • If the Defendant does not voluntarily pay the judgment, you will have to collect the money from them. Some ways you may collect this money include:
      • Garnishing wages
      • Seizing assets, such as a bank account, car, or a home
      • Send a demand letter for payment
      • Issing “discovery” – formal written requests to determine what assets a person has, where their bank account is, and other information that would be useful to you in claiming the money you’re owed

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