Code of Alabama |
Match Context and Document information |
URL: | http://alisondb.legislature.state.al.us/alison/CodeOfAlabama /1975/35-9A-501.htm |
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Depth: | 0 singles |
Size: | 2,000 bytes |
Modified: | 2008-01-24 12:11:14 |
Categories: | -None- |
Title: | 35-9A-501 |
Description: | -None- |
Keywords: | -None- |
Meta data: | -None- |
Body: | Section 35-9A-501 Retaliatory conduct prohibited. (a) Except as provided in this section, a landlord may not retaliate by discriminatorily increasing rent or decreasing services or by bringing or threatening to bring an action for possession because: (1) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; (2) the tenant has complained to the landlord of a violation under Section 35-9A-204; or (3) the tenant has organized or become a member of a tenant's union or similar organization. (b) If a landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in Section 35-9A-407 and has a defense in any retaliatory action against the tenant for possession. (c) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if: (1) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent; (2) the tenant is in default in rent; (3) compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit; or (4) other material violations of the lease. (d) The maintenance of an action under subsection (c) does not release the landlord from liability under subsection (b) of Section 35-9A-401. (Act 2006-316, p. 668, ยง1.) |