We have been talking a lot about the new landlord tenant law that took effect last year. Since this new law is so important to Alabama property owners, we are going to spend a little time going over all of the things you need to know to ensure that you are in compliance.
Today’s Topic: The Tenant’s Remedies for the Landlord’s Breach of the Lease
Yesterday we talked about the landlord’s right to impose rules that the tenant’s must follow. Today we will focus on the tenant’s options when the landlord does not cure a default of the terms of the lease. At its core a residential lease is nothing more than a contract. Since a lease is a contract both the landlord and the tenant have a duty to perform. If the landlord fails to perform one or more of the duties required under the contract, the new landlord tenant law provides that the tenant may send the landlord a termination letter advising of the nature of breach. The letter must give the landlord at least 14 days to fix the problems. If the landlord does not fix the problems within the time specified by the tenant’s letter and the problem was not caused by the tenant’s negligence or intentional acts, the tenant may terminate the lease. If the tenant terminates for the landlord’s failure to comply with the lease, the tenant is due to receive the full security deposit and the remainder of any unused rent.
§ 35-9A-401. Noncompliance by the landlord — In general.
(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with Section 35-9A-204 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 14 days after receipt of the notice if the breach is not remedied within that period, and the rental agreement shall terminate as provided in the notice subject to the following:
(1) If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate by reason of the breach.
(2) The tenant may not terminate for a condition caused by the deliberate 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.
(b) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for noncompliance by the landlord with the rental agreement or Section 35-9A-204. If the landlord’s noncompliance is in bad faith, the tenant may recover reasonable attorney’s fees.
(c) The remedy provided in subsection (b) is in addition to any right of the tenant arising under subsection (a).
(d) 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.
