Terminating a Lease Because of Disaster or Storm Damage
My rental housing was basically destroyed by a storm. Can I break my lease?
Yes. If the housing was destroyed, you have a right to end your lease. If your ability to live there is "substantially impaired," you also can end your lease.
Section 35-9A-406 of the Alabama Code states:
You can leave immediately and then send written notice to your landlord in 14 days.
The lease ends the date you vacate.
You are entitled to get back your security deposit and any prepaid rent.
What if only a portion of the home was destroyed?
You may choose to stay in the property. The amount of rent you have to pay is reduced in proportion to the diminished value.
What if my home was damaged by a disaster or storm but not made unlivable?
Section 35-9A-401 of the Alabama Code gives you the right to request your landlord make material repairs.
You must give your landlord written notice listing the repairs needed.
The notice must give your landlord at least 14 days to make the repairs.
The notice should say that the lease will end if the landlord does not complete the repairs.
After you leave, you are entitled to get back your security deposit and any prepaid rent.
You must pay rent for the time you reside in the property.
NOTE: A tenant may seek the remedies under Code of Alabama Section 35-9A-401 and 35-9A-406 only to the extent that the tenant did not cause the damage or is otherwise responsible for it.