Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-406
Fire or Casualty Damage.
Operative Text
(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty not caused by the tenant to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: (1) immediately vacate the premises and notify the landlord in writing within 14 days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. (b) If the rental agreement is terminated pursuant to this section, the landlord shall return all security recoverable under Section 35-9A-201 and all unearned prepaid rent. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty.
Alabama Code § 35-9A-406 addresses what happens to a rental agreement when a dwelling unit is damaged or destroyed by fire or other casualty through no fault of the tenant. If the damage substantially impairs the tenant's ability to enjoy the unit, the law provides two possible outcomes: the rental agreement can be terminated, or—if the unit remains legally habitable in part—the rent can be reduced proportionally to reflect the diminished usable space. When a termination occurs under this section, the landlord is required to return any security deposit recoverable under § 35-9A-201 and any prepaid rent that had not yet been earned, with financial accounting tied back to the date of the fire or casualty.
Plain English — not legal advice.
Property owners and managers operating under Alabama Code § 35-9A-406 generally maintain clear written records of the date and extent of any fire or casualty damage, since that date serves as the reference point for all rent accounting. When a tenant provides written notice of intent to terminate within 14 days of vacating, a compliant operator promptly processes the return of recoverable security deposits and unearned prepaid rent. If a tenant remains in a partially usable unit, operators typically document the diminished fair rental value to support an accurate, proportional rent reduction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Alabama Code § 35-9A-406, tenants whose units are substantially damaged by fire or casualty—through no fault of their own—have the right to either terminate the rental agreement or remain in any lawfully habitable portion at a reduced rent. To exercise the termination option, a tenant generally vacates and provides written notice to the landlord within 14 days, after which the landlord is obligated to return eligible security deposits and unearned prepaid rent. Tenants who believe a landlord has not complied with this provision may consider contacting a local tenant-rights organization or consulting an attorney to understand the enforcement paths available to them.
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