[AL] What legal steps can I take to terminate my lease early due to landlord neglect?

Lexi, Chatbot

I understand how frustrating it can be to feel neglected as a tenant. Have you already communicated your concerns to your landlord or property management?

Lexi, Chatbot

What specific issues have you experienced that you believe justify terminating your lease?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

TJ, Esq.

Hello! My name is TJ and I’m an attorney. Thank you for reaching out. I’ve reviewed what you shared and will respond shortly. I may ask a few questions to better understand your situation. Please note this is general legal information only and does not create an attorney-client relationship.

TJ, Esq.

Not having HVAC since July 31, depending on where you live, could be considered a breach of the warranty of habitability. In many states, an extended failure to provide essential services can qualify as constructive eviction, which may give you grounds to terminate your lease. The landlord demanding $2,600 suggests they may not agree that their inaction justifies termination without penalty.

To better understand the situation, can you clarify whether the $2,600 is being charged as an early termination fee, unpaid rent, or something else? Also, what state are you located in?

TJ, Esq.

Thank you for clarifying. Alabama has adopted the Uniform Residential Landlord and Tenant Act (URLTA), codified at Ala. Code § 35-9A-101 et seq., and it does place affirmative maintenance obligations on landlords.

Under Ala. Code § 35-9A-204(a)(4), a landlord must maintain heating, ventilating, and air-conditioning systems in good and safe working order when those systems are supplied by the landlord. A complete lack of HVAC since July—especially during Alabama summer conditions—can constitute a material noncompliance with the lease and the statute.

However, Alabama law is strict about tenant procedure before lease termination. Even when the landlord is clearly at fault, a tenant generally cannot lawfully terminate the lease or stop paying rent unless they follow the statutory notice process. Under Ala. Code § 35-9A-401(a), the tenant must:

1. Provide the landlord with written notice specifying the HVAC failure, and
2. State that the lease will terminate if the condition is not corrected within 14 days (or a shorter time if the condition materially affects health and safety).

Only if the landlord fails to cure within that notice period may the tenant terminate the lease. If the tenant leaves without giving proper notice and an opportunity to repair, the landlord may still claim unpaid rent or early termination charges, which is likely the basis for the $2,600 demand.

Because of that, whether you can successfully dispute the charge depends heavily on what notice was given and when. Written notice (email, certified mail, or other provable delivery) is key, and verbal complaints alone usually are not sufficient under Alabama courts’ interpretation of the URLTA.

To determine whether lease termination was legally justified—and whether the $2,600 charge can be challenged—I need to know: did you send a formal written notice to the landlord stating the HVAC problem and that you intended to terminate the lease if it was not repaired within the required time?

TJ, Esq.

I completely understand why you’d want a shorter notice period given how long this has gone on. Unfortunately, under Alabama’s URLTA, tenants seeking to terminate a lease due to landlord noncompliance must provide a 14-day written notice. The statute requires that the notice specify the breach and state that the lease will terminate no less than 14 days after the landlord receives it if the issue is not fixed.

The 7-day notice period applies when a landlord is terminating a lease for nonpayment of rent. Using a 7-day notice as a tenant could allow the landlord to argue that the lease was never properly terminated, which could expose you to continued rent liability.

Since you have not yet sent a formal termination notice, your prior repair requests likely do not satisfy the statutory requirement. The safest course of action is to send a certified letter today clearly stating that the HVAC has been nonfunctional since July 31 and that the lease will terminate 14 days after receipt if the issue is not fully resolved. This preserves your legal position and supports a constructive eviction argument.

TJ, Esq.

You’re very welcome. I’m glad I could help. Have a great day.