2009 Alabama Code :: Title 35 — PROPERTY. :: Chapter 9A — UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT. :: Section 35-9A-404 Wrongful failure to make available heat, water, hot water, or essential services. (2024)

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Wrongful failure to make available heat, water, hot water, or essential services.

(a) The landlord is not responsible for the payment of utility services unless agreed in the lease.

(b) If 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, the tenant may:

(1) send a written notice specifying the date of termination not less than 14 days after receipt of notice and upon vacation of the premises, the rental agreement shall be rightfully terminated without further obligation or penalty. If the rental agreement is terminated pursuant to this section, the landlord shall return all security recoverable by the tenant under Section 35-9A-201 and all unearned prepaid rent; or

(2) recover damages based upon the diminution in the fair rental value of the dwelling unit.

(d) 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.

(Act 2006-316, p. 668, §1.)

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2009 Alabama Code :: Title 35 — PROPERTY. :: Chapter 9A — UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT. :: Section 35-9A-404 Wrongful failure to make available heat, water, hot water, or essential services. (2024)

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What is Section 35 9A 304 of Alabama's property code? ›

Unless otherwise agreed, a tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of 14 days no later than the fifth day of the extended absence. (Act 2006-316, p. 668, §1.)

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What is the Alabama Code Title 35 Chapter 9A? ›

(a) A landlord may not demand or receive money as security, in an amount in excess of one month's periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises, for tenant's obligations under a rental agreement.