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Overview
Alabama does not have specific mold legislation or standards for residential or commercial buildings. However, tenants are protected under the Alabama Uniform Residential Landlord and Tenant Act (Code of Alabama Title 35, Chapter 9A), which establishes an implied warranty of habitability. This law requires landlords to maintain rental properties in a safe and habitable condition, which courts have interpreted to include addressing mold issues that materially affect health and safety. The Act applies to rental agreements entered into or renewed after January 1, 2007. [Code of Alabama Title 35, Chapter 9A - Justia Law]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Tenants have the right to a rental property that meets basic habitability standards, including compliance with building and housing codes that materially affect health and safety. This includes the right to have mold issues addressed when they pose a health risk.
Right to Written Notice and 14-Day Cure Period
If a landlord fails to maintain the property in a way that materially affects health and safety, tenants can deliver written notice specifying the problem and giving the landlord 14 days to remedy the breach. The notice should specify the acts and omissions constituting the breach.
Landlord Responsibilities
Maintain Habitable Premises
Landlords must make all repairs and do whatever is necessary to put and keep the premises in a habitable condition. This includes addressing mold issues that could affect tenant health and safety.
Comply with Building and Housing Codes
Landlords must comply with all applicable building and housing codes that materially affect health and safety. This may include local housing codes in cities like Birmingham and Montgomery that address property maintenance and habitability.
Remedies Available to Tenants
Rent Withholding
Not Available: Alabama law explicitly prohibits tenants from withholding rent to enforce their rights while in possession of the rental property. Even when a landlord fails to make necessary repairs, tenants must continue paying rent. Tenants who withhold rent risk eviction proceedings.
Repair and Deduct
Not Available: Alabama law does not allow tenants to make repairs and deduct the cost from rent. There is no statutory provision permitting repair and deduct remedies. Tenants must rely on other remedies such as lease termination or legal action to address habitability issues.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Alabama
Understanding Alabama's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Alabama's Humid Subtropical Climate
Alabama has a humid subtropical climate with hot, humid summers and mild winters. The state receives approximately 56 inches of rainfall annually, with humidity levels frequently exceeding 70%. This combination of heat and moisture creates ideal conditions for mold growth year-round, particularly from May through September when humidity peaks.
High Mold Risk State
Alabama ranks among the top states for mold exposure risk due to its proximity to the Gulf of Mexico, frequent tropical storms, and consistently high humidity. Louisiana, Florida, Mississippi, and Alabama top the national list for mold-prone homes. Indoor humidity above 60% promotes rapid mold growth, a threshold easily exceeded in Alabama homes without proper climate control.
Mold Health Impact
Studies show approximately 47% of U.S. residential buildings contain visible mold or dampness. In high-humidity states like Alabama, this percentage is often higher. Common health effects include respiratory symptoms, allergic reactions, and asthma exacerbation, particularly affecting vulnerable populations including children, elderly, and those with compromised immune systems.
Hurricane and Flood Damage
Alabama's Gulf Coast location makes it vulnerable to hurricanes and tropical storms, which can cause extensive water damage leading to mold growth. After flooding events, mold can develop within 24-48 hours if affected areas are not properly dried. Post-hurricane mold remediation is a significant concern for Alabama renters.
Older Housing Stock
Many Alabama rental properties, particularly in historic cities like Mobile and Montgomery, feature older construction that may lack modern moisture barriers and ventilation systems. Crawl spaces, common in Southern construction, can harbor moisture and promote mold growth if not properly maintained.
Common Mold Types in Alabama
Alabama's Gulf Coast location creates persistently high humidity that promotes year-round mold growth. Hurricane damage, frequent thunderstorms, and older housing stock in Mobile, Montgomery, and Birmingham contribute to widespread mold issues.
Stachybotrys chartarum (Black Mold)
Thrives in Alabama's humid Gulf Coast climate on chronically wet materials. Produces mycotoxins that cause respiratory distress, headaches, and neurological symptoms.
Aspergillus
Extremely common throughout Alabama. Multiple species found in homes, particularly in HVAC systems and water-damaged areas. Can cause allergic reactions and aspergillosis.
Cladosporium
Most prevalent airborne mold in Alabama. Found indoors and outdoors year-round due to persistent humidity. Major trigger for allergies and asthma.
Penicillium
Common in Alabama homes with water damage or poor ventilation. Spreads rapidly in humid conditions. Causes respiratory symptoms and allergic reactions.
Chaetomium
Found in flood-damaged Alabama homes, particularly after hurricane events. Grows on drywall and wood. Produces mycotoxins with serious health implications.
Mold Professional Requirements in Alabama
Implied Warranty of Habitability
Under Alabama Code Section 35-9A-204, landlords must comply with building and housing codes materially affecting health and safety, make all repairs necessary to keep the premises in a habitable condition, keep common areas clean and safe, and maintain all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities in good working order. While mold is not specifically mentioned, these habitability requirements have been interpreted to include addressing mold problems that affect tenant health and safety. [2024 Code of Alabama Section 35-9A-204 - Justia Law]
Mold Disclosure Requirements
Local Regulations
Some cities in Alabama have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Alabama mold law details.
Birmingham, AL
Local mold risks, prevention priorities, and next steps for Birmingham.
Montgomery, AL
Local mold risks, prevention priorities, and next steps for Montgomery.
Mobile, AL
Local mold risks, prevention priorities, and next steps for Mobile.
Huntsville, AL
Local mold risks, prevention priorities, and next steps for Huntsville.
Tuscaloosa, AL
Local mold risks, prevention priorities, and next steps for Tuscaloosa.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Alabama.
Alabama Housing Finance Authority (AHFA) Home Programs
Provides various housing assistance programs including rehabilitation assistance that may cover mold remediation for qualifying Alabama homeowners.
Eligibility: Alabama homeowners meeting income requirements (varies by program)
Coverage: Varies by specific program; may include mold remediation as part of rehabilitation
Phone: 334-244-9200Learn More →
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural homeowners for repairs including mold remediation. Covers much of rural Alabama.
Eligibility: Very low-income homeowners in rural Alabama areas
Coverage: Loans up to $40,000 at 1% interest; Grants up to $10,000 for elderly homeowners
FEMA Individual Assistance
Following federally declared disasters, FEMA provides grants for home repairs including mold remediation. Alabama regularly receives disaster declarations for hurricanes and severe storms.
Eligibility: Alabama residents in declared disaster areas with uninsured or underinsured losses
Coverage: Varies by disaster declaration; covers necessary mold remediation from disaster damage
Phone: 1-800-621-3362Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Alabama have specific mold laws for rental properties?
No, Alabama does not have specific mold laws or standards for residential or commercial buildings. There are no state requirements for mold testing, remediation standards, or contractor certification. However, mold issues may be addressed under the general habitability requirements of the Alabama Uniform Residential Landlord and Tenant Act (Code of Alabama Section 35-9A-204), which requires landlords to maintain rental properties in a habitable condition.
Can I withhold rent if my Alabama rental has mold?
No. Alabama law explicitly prohibits tenants from withholding rent to enforce their rights while in possession of the rental property (Code of Alabama Section 35-9A-164). Even if your landlord fails to address a mold problem, you must continue paying rent. Withholding rent could result in eviction proceedings against you.
Can I make mold repairs myself and deduct the cost from rent in Alabama?
No. Alabama does not have a repair and deduct law. Tenants cannot legally make repairs themselves and deduct the cost from rent. Instead, you must use other remedies such as providing written notice to your landlord, terminating your lease if the issue is not fixed within 14 days, or pursuing legal action for damages.
Official Resources
These official resources can help you understand your rights and take action: