By Attorney Raven Beach
Ryan has been renting a home at 123 School Lane for the past five years. He discovers mold growing, and his home has been without heat for months. He’s also had a problem with the landlord coming onto the property without his knowledge. He has complained to his landlord, but nothing has changed. In fact, the landlord has threatened to evict Ryan if he continues to complain. Ryan can’t afford to find a new place but is unsure what can be done.
We’ll look to Alabama’s Landlord-Tenant Act for guidance. Ryan has the right to a clean, safe, and structurally sound place to live, free from discrimination under the Fair Housing Act. A landlord should respond to and address maintenance issues in a reasonable time frame. Repairs must be done to keep the property in compliance with health and safety guidelines. While the Landlord-Tenant Act doesn’t give a specific timeframe, repairs must be made promptly. In this case, Ryan can initiate the process by giving written notice to his landlord. After
that, the landlord has 14 days to repair the property. If not, he can terminate the lease and move or stay and sue for damages. It should be noted that this remedy is limited to critical repairs, but is permitted under the Act.
Ryan also has the right to privacy. Though his landlord maintains his ownership rights in the property, Ryan has an exclusive right to possession. This means that the landlord can not simply come and go as he pleases. Landlords must provide at least a two-day written notice before entering a rental unit unless there is an emergency. Landlords can only enter the property at reasonable times and can’t use their access rights to harass tenants. Violation of this right can also lead to legal action.
If you are experiencing problems with your landlord, you should keep records of communication and notices. Other remedies include filing a complaint with the US Department of Housing and Urban Development (HUD), if you suspect discrimination or filing suit for issues like failure to return a security deposit or a forceful eviction.
Raven Perry-Beach, Esq.
107 Jefferson St.
Suite 14
Huntsville, AL 35801
(256) 799-0292
*Licensed in Alabama, Tennessee, Massachusetts, and DC
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