Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-422
Failure to Maintain.
Operative Text
If there is noncompliance by the tenant with Section 35-9A-301 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within seven days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date periodic rent is due, or if the rental agreement has terminated, for immediate payment.
Under Alabama's Uniform Residential Landlord and Tenant Act, § 35-9A-422 addresses situations where a tenant has failed to meet the maintenance obligations set out in § 35-9A-301 in a way that materially affects health or safety. When the problem can be fixed by repair, replacement, or cleaning, and the tenant does not remedy it within seven days of written notice (or sooner in an emergency), the law permits the landlord to enter the unit, have the work done in a workmanlike manner, and bill the tenant for the actual and reasonable cost. That cost is then treated as additional rent, due on the next rent date or immediately if the lease has already ended.
Plain English — not legal advice.
Property owners and managers operating under § 35-9A-422 generally document the tenant's specific breach in writing, referencing § 35-9A-301, and deliver a written notice that clearly identifies the problem and sets the seven-day cure period (or a shorter period when an emergency exists). Compliant operators keep records of the notice, the work performed, and itemized invoices showing actual and reasonable costs before adding those costs to the rent ledger. Maintaining thorough documentation of each step—notice, entry, workmanship, and billing—reflects the procedural requirements the statute imposes before a landlord may exercise this remedy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35-9A-422 means that tenants who receive a written notice citing a health-or-safety maintenance breach under § 35-9A-301 have a defined window—generally seven days, or less in an emergency—to correct the problem before the landlord may enter and arrange repairs at the tenant's expense. Tenants have an interest in reviewing whether the landlord's written notice was specific, whether the seven-day period was honored, and whether the billed costs were itemized and reflect actual and reasonable charges. Tenants who believe a landlord did not follow the procedural steps required by § 35-9A-422 may wish to contact a local tenant-rights organization or legal aid office to understand 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.
Effective Timeline
References In
Rules and statutes that cite this regulation