Street lights-Who pays? Tenant or Landlord?

[Kristin Kerr]

I hope I can ask this here, my husband and I are currently renting out our condo in Michigan after an unexpected move to Alabama for his work. So now we are both landlords and renters (the move is most likely not permanent). We are renting a house about 30 minutes of Birmingham in a weird subdivision. And by weird, I mean it’s a kinda a failed subdivision. There are only about 20 houses in here but originally we think the plan was for around 200. There is also an abandoned golf course and club house that give off some serious “Walking Dead” abandoned overnight vibes. 

I love the house we are renting but not the property managers so much. Communication is a joke and i have the same person telling me two different things in the same conversation. Anyway...the latest thing is that slowly all of the street lights outside stopped working. After contacting the PM about it (twice) I finally got an answer, apparently, the owner doesn't want to pay the HOA the light bill for the street lights so the HOA shut them off. If we want the street light by our house on we would have to have it hooked up to our power and pay for it ourself.

We are smack dab in the middle of nowhere and it is DARK here, we may not have a lot of houses in our sub but the one across the street is pushing 200. It just doesn’t seem right that the street lights can be turned off like that, one would think that the owner would want the security of the lights especially considering that there are several of their properties for rent in here still! 

We had to make sure that our tenant had a copy of the HOA by-laws but I don't remember getting a copy of the ones for this sub. I don't know if that's a difference in state law or what. I'd ask the property managers but who knows how long that will take.

Are all landlords requires to supply tenants with copies of the by-laws? If not would I be able to find them online? 

[Denise Evans]

@Kristin Kerr, under the Alabama Uniform Residential Landlord Tenant Act, a landlord is obligated to maintain all systems that were working at the time the lease was entered into, unless specifically excluded in the lease. I think (a)(4) below covers your situation and the landlord should be required to keep the street light on.  Consult with an attorney. If you need a recommendation, send me a PM and I'll send you some names.

Section 35-9A-204 Landlord to maintain premises.

(a) A landlord shall:

(1) comply with the requirements of applicable building and housing codes materially affecting health and safety;

(2) make all repairs and do whatever is necessary to put and keep the premises in a habitable condition;

(3) keep all common areas of the premises in a clean and safe condition;

(4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;

(5) provide and maintain appropriate receptacles and conveniences for the removal of garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and

(6) supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

(b) If the duty imposed by subdivision (1) of subsection (a) is greater than any duty imposed by any other subdivision of that subsection, the landlord's duty shall be determined by reference to subdivision (1) of subsection (a).

(c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in subdivisions (5) and (6) of subsection (a) and also specified repairs, maintenance tasks, alterations, and remodeling.

(d) The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:

(1) the agreement of the parties is set forth in a separate writing signed by the parties and supported by adequate consideration;

(2) the work is not necessary to cure noncompliance with subdivision (1) of subsection (a); and

(3) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

(e) The landlord may not treat performance of the separate agreement described in subsection (d) as a condition to any obligation or performance of any rental agreement.

(f) 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.

(Act 2006-316, p. 668, §1.)