Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-204
Landlord to Maintain Premises.
Operative Text
(a) A landlord shall: (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 and conveniences for the removal of garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and (6) supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or 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. (b) If the duty imposed by subdivision (1) of subsection (a) is greater than any duty imposed by any other subdivision of that subsection, the landlord’s duty shall be determined by reference to subdivision (1) of subsection (a). (c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord’s duties specified in subdivisions (5) and (6) of subsection (a) and also specified repairs, maintenance tasks, alterations, and remodeling. (d) The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if: (1) the agreement of the parties 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) of subsection (a); and (3) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. (e) 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. (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.
Alabama Code § 35-9A-204 establishes a broad set of maintenance obligations that landlords must meet throughout a tenancy. Covered duties include complying with health and safety codes, keeping the premises habitable, maintaining common areas, ensuring all major building systems and appliances work safely, providing garbage receptacles, and supplying running water, hot water, and heat. Where building-code requirements are stricter than the other listed duties, the code standard controls. Certain duties can be shifted to tenants by written agreement under specific conditions, but a tenant's rights under this section do not apply when the problematic condition was caused by the tenant, a household member, or a guest.
Plain English — not legal advice.
Under § 35-9A-204, compliant property operators generally maintain all structural systems—electrical, plumbing, heating, ventilation, air conditioning, and elevators—in safe working order throughout the lease term, and keep common areas clean and safe. Operators also ensure garbage removal services are in place and that running water, hot water, and heat are continuously available unless a specific legal exemption applies. For single-family residences, some of these duties may be transferred to the tenant through a clear written agreement; for multi-unit properties, any such transfer must be in a separate signed writing, supported by adequate consideration, and cannot affect other tenants or address code-compliance deficiencies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35-9A-204 of the Alabama Uniform Residential Landlord and Tenant Act gives tenants the right to a habitable dwelling with functioning utilities, safe common areas, and properly maintained building systems for the duration of their tenancy. If a landlord fails to meet these obligations, tenants may have remedies available under the broader Act, such as repair-and-deduct or lease termination rights found in related provisions. Tenants who believe their landlord is not complying with § 35-9A-204 may consider documenting conditions in writing, contacting local housing or code-enforcement authorities, or reaching out to a tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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