Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-401
Noncompliance by the Landlord.
Operative Text
(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 reasonable attorney fees and obtain injunctive relief for noncompliance by the landlord with the rental agreement or Section 35-9A-204. (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.
Under Alabama Code § 35-9A-401, when a landlord materially fails to comply with the rental agreement or with the habitability standards set out in § 35-9A-204, the law provides tenants with several potential responses. A tenant may give written notice specifying the problem and allowing at least 14 days for the landlord to fix it before the lease terminates; if the landlord adequately corrects the issue in time, the lease continues. Separately, a tenant may also pursue actual damages, reasonable attorney fees, and injunctive relief for such noncompliance, and these remedies can be used together. If the lease does terminate under this section, the landlord is required to return any recoverable security deposit and unearned prepaid rent.
Plain English — not legal advice.
Alabama Code § 35-9A-401 makes clear that a landlord who receives a written notice of material noncompliance has at least 14 days to remedy the identified breach before a tenant may terminate the lease on that basis. Operators who maintain properties in compliance with the rental agreement and the habitability requirements of § 35-9A-204 reduce their exposure to lease termination, damage claims, and attorney fee awards. When a termination does occur under this section, returning the security deposit (as governed by § 35-9A-201) and any unearned prepaid rent promptly is part of what compliant practice looks like.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 35-9A-401 gives tenants a structured process when a landlord materially fails to meet obligations under the rental agreement or the health-and-safety standards of § 35-9A-204. A tenant can deliver written notice describing the specific problem and setting a termination date at least 14 days out, giving the landlord a window to fix the issue; if the landlord does not remedy it in time, the lease may terminate and the tenant may be entitled to the return of their security deposit and unearned prepaid rent. Separately—and in addition—a tenant may pursue actual damages, reasonable attorney fees, and injunctive relief, and tenant-rights organizations or legal aid offices can help explain how these remedies generally work under Alabama law.
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