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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.

 

Our office is located in the Regions Building in Downtown Huntsville, Alabama.

Visit our office in Huntsville, call our office at

256.536.7423

 

 

 

 

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Contact our Huntsville, Alabama law office by filling our form to the right or call 800.294.5112 to set up a free consultation to discuss your legal options.

 

 

 

 

 

 

200 Clinton Ave W, #110

Huntsville, Alabama 35801-4810

 

Phone: 256-536-7423 | Toll Free: 800-294-5112

Fax: 256-536-2689

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

 

 

We serve the following localities: Jefferson County, Limestone County, Athens, Elkmont, Madison, Madison County, Gurley, Harvest, Hazel Green, Huntsville, New Market, Toney, Morgan County, Decatur, Hartselle, Shelby County, and Birmingham.

 

 

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