Alabama Mold Law: Tenant Rights, Disclosure & Insurance
Does Alabama license mold work?
None. No Alabama agency licenses or certifies mold assessors or mold remediators. The Alabama Licensing Board for General Contractors classifies licensees by bid/contract limit (letter symbols A–U) under Ala. Code § 34-8-2, which contains no mold specialty; the Home Builders Licensure Board (Ala. Code tit. 34, ch. 14A) licenses residential builders generally. Mold work is therefore performed under general contractor/home-builder licensure only.
Habitability: what landlords must provide
Statutory only; mold is NOT named. Under the Alabama Uniform Residential Landlord and Tenant Act the landlord must 'comply with the requirements of applicable building and housing codes materially affecting health and safety' and 'make all repairs and do whatever is necessary to put and keep the premises in a habitable condition.' Ala. Code § 35-9A-204(a)(1)–(2). This is a general habitability statute that would have to be applied to mold by a court; no Alabama statute names mold. Separately, for the sale of a NEW home Alabama recognizes a judicial implied warranty of habitability against the builder-vendor, Cochran v. Keeton, 287 Ala. 439, 252 So. 2d 313 (1971). (Ala. Code § 35-9A-204(a)(1)–(2); Cochran v. Keeton, 287 Ala. 439, 252 So. 2d 313 (Ala. 1971))
Notice and repair timeline
14 days. Ala. Code § 35-9A-401(a): tenant delivers written notice specifying the acts/omissions constituting the breach, and 'the rental agreement will terminate upon a date not less than 14 days after receipt of the notice if the breach is not remedied' in 14 days. Same 14-day structure for wrongful failure to supply heat/water/hot water/essential services, Ala. Code § 35-9A-404.
Tenant remedies
(1) Termination after 14-day notice, plus return of recoverable security deposit and unearned prepaid rent — Ala. Code § 35-9A-401(a). (2) Actual damages, reasonable attorney fees, and injunctive relief — Ala. Code § 35-9A-401(b). (3) Essential-services breach: terminate on 14 days' written notice and vacate, or recover damages measured by diminution in fair rental value — Ala. Code § 35-9A-404. (4) Counterclaim for amounts recoverable in a landlord's action for possession or rent — Ala. Code § 35-9A-405. NO statutory repair-and-deduct and NO statutory rent-withholding remedy exists in the Alabama URLTA; § 35-9A-404 conspicuously omits any procure-and-deduct right. Constructive eviction remains a common-law doctrine (no statutory cite located).
Selling a home: mold disclosure
No. Alabama follows caveat emptor for sales of used residential real estate; there is no statutory seller-disclosure form or duty. A seller ordinarily has no duty to disclose defects, subject to three judicially recognized exceptions: (a) a material defect affecting health or safety that is not known to or readily observable by the buyer; (b) the buyer makes a specific inquiry about the defect; (c) a fiduciary/confidential relationship exists. Known mold or water damage that rises to a health/safety hazard would fall in exception (a). Blaylock v. Cary, 709 So. 2d 1128 (Ala. 1997); Fennell Realty Co. v. Martin, 529 So. 2d 1003 (Ala. 1988). (Blaylock v. Cary, 709 So. 2d 1128 (Ala. 1997); Fennell Realty Co. v. Martin, 529 So. 2d 1003 (Ala. 1988). No Alabama disclosure statute.)
Deadlines to bring a claim
Personal injury (mold exposure): 2 years — Ala. Code § 6-2-38(l) ('All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years'). Respondeat superior claims also 2 years, § 6-2-38(n). Property damage: 6 years for 'actions for any trespass to real or personal property' — Ala. Code § 6-2-34(2). CAUTION: Alabama case law does not uniformly route negligence-based property damage into § 6-2-34(2); some property-damage theories are litigated under the 2-year residual period of § 6-2-38(l). Treat the 6-year figure as applying to trespass-framed claims.
Insurance treatment of mold
No mold-specific statute and no mold bulletin located. The Alabama Department of Insurance homeowners-insurance FAQ does not address mold coverage, exclusions, or caps. Mold caps/exclusions in Alabama are therefore a matter of policy language (typically ISO-style limited 'fungi, wet or dry rot, or bacteria' endorsements) rather than state mandate. Alabama's Policyholder Bill of Rights (Ala. Act No. 2012-510) does not address mold.
Leading cases
No published Alabama appellate decision squarely on mold was identified. Closest relevant authority: Cochran v. Keeton, 287 Ala. 439, 252 So. 2d 313 (Ala. 1971) (implied warranty of habitability against builder-vendor of new home — the vehicle for construction-defect water-intrusion claims); Blaylock v. Cary, 709 So. 2d 1128 (Ala. 1997) (caveat emptor applied to undisclosed water damage; buyer with inspector's report and 'as is' purchase could not recover); Fennell Realty Co. v. Martin, 529 So. 2d 1003 (Ala. 1988) (health/safety exception to caveat emptor).