Alabama § 35-9A-404 - Wrongful Failure to Make Available Heat, Water, Hot Water, or Essential Services.
Full text of Alabama Code of Alabama § 35-9A-404 — Wrongful Failure to Make Available Heat, Water, Hot Water, or Essential Services., with citation guidance and answers to common questions.
§ 35-9A-404. Wrongful Failure to Make Available Heat, Water, Hot Water, or Essential Services.
(a) The landlord is not responsible for the payment of utility services unless agreed in the lease.
(b) If contrary to the rental agreement or Section 35-9A-204, after receiving notice of the breach from the tenant, the landlord willfully or negligently fails to promptly make available heat, running water, hot water, electric, gas, or other essential service, the tenant may:
(1) send a written notice specifying the date of termination not less than 14 days after receipt of notice and upon vacation of the premises, the rental agreement shall be rightfully terminated without further obligation or penalty. 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; or
(2) recover damages based upon the diminution in the fair rental value of the dwelling unit.
(c) If the tenant proceeds under this section, the tenant may not proceed under Section 35-9A-401 as to that breach.
(d) Rights of the tenant under this section do not arise if the condition was caused by the willful 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.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 35-9A-404
What does Code of Alabama § 35-9A-404 cover?
Section 35-9A-404 ("Wrongful Failure to Make Available Heat, Water, Hot Water, or Essential Services.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 35-9A-404?
A common citation format is "Code of Alabama § 35-9A-404" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 35-9A-404 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.