Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-404
Wrongful Failure to Make Available Heat, Water, Hot Water, or Essential Services.
Operative Text
(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. (c) If the tenant proceeds under this section, the tenant may not proceed under Section 35-9A-401 as to that breach. (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.
Alabama Code § 35-9A-404 addresses what happens when a landlord fails to provide essential services—such as heat, running water, hot water, electricity, or gas—after being notified of the problem by the tenant. Unless the lease assigns utility payment responsibility to the landlord, the landlord is not automatically required to pay for those utilities, but the landlord is required to make those services available. When a landlord willfully or negligently withholds or fails to restore essential services after receiving notice, the law provides tenants with specific remedies, including the right to terminate the lease or seek compensation for reduced rental value. These remedies do not apply if the tenant, a household member, or a guest caused the service disruption.
Plain English — not legal advice.
Under § 35-9A-404, compliant operators generally act promptly to restore essential services—heat, running water, hot water, electricity, and gas—once they receive written notice of a disruption, regardless of whether the lease assigns utility costs to the landlord or the tenant. Operators who willfully or negligently delay restoration after notice expose themselves to lease termination by the tenant, which triggers the obligation to return all recoverable security deposits and any unearned prepaid rent. Maintaining clear records of when notice was received and what steps were taken to restore service is a practice commonly associated with demonstrating a timely, good-faith response under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35-9A-404 of the Alabama Uniform Residential Landlord and Tenant Act gives tenants two potential remedies when a landlord willfully or negligently fails to restore essential services after receiving notice: the tenant may provide written notice of lease termination (effective no sooner than 14 days after the landlord received the original notice) and vacate without further penalty, or the tenant may seek damages reflecting the reduced rental value of the unit during the period of deprivation. Choosing to pursue remedies under § 35-9A-404 means the tenant cannot simultaneously pursue remedies under § 35-9A-401 for the same breach, so understanding the distinction between these paths matters. Tenant-rights organizations and legal aid offices familiar with Alabama housing law can help tenants understand which remedy may be available given their circumstances.
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.
Effective Timeline
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