Legal Question in Landlord & Tenant Law in Alabama

Promise of repairs not completed

I have been a tenant in the same house for 4 years. After Hurricane Ivan, the roof began to leak. The landlord did not make the repairs until March (6 months) later. Even after the repairs were made, the roof continued to leak. I informed the landlord that the dry wall in the ceiling was falling in. He has not made any attempt to repair it, but keeps telling me, ''Don't worry Honey, we'll fix it for you. You keep this yard so nice, and are a good house keeper, too!'' Hurricanes Cindy and Dennis have now blown threw and the roof leaks even more. The ceiling is now falling in several locations and molding. The landlord came out to look at the roof and ceiling, and gave me the same answer. I have noticed that I have had a nagging cough since the mold and mildew appeared.

What steps can I take to speed up the repair process? I have begun documenting every phone call and visit he makes, as well as taken pictures of the mold and mildew. Do I have to use an official form to request repairs or may I type one myself and have it sent to certified to him?


Asked on 7/22/05, 1:33 pm

1 Answer from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Promise of repairs not completed

As a tenant, you are entitled to a habitable premises. Where a situation becomes inhabitable, you are to give notice to the landlord (as you did) and give the landlord a reasonable opportunity to cure the defect. With a natural disaster like Ivan, where labor and supplies are slow and short, more time to repair should be given.

However, you don't have to sacrifice your health in the process. Moreover, if you can demonstrate that the landlord has failed to cure the defect in a reasonable period of time, you have grounds to break your lease.

If you can demonstrate that your landlord has truly failed to act in a reasonable period of time, I would (a) leave, or (b) get the repairs done myself and then deduct the cost of the repairs from my rent. Either way, whatever course of action you take, I would continue to heavily document every instance of communication with anyone about this matter. I would also begin communicating with your landlord via letter, instead of orally, to better document what is and is not happening.

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Answered on 7/26/05, 1:07 am


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