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35-9A-427
Section 35-9A-427 Recovery of possession limited. A landlord may not recover or take possession
of the dwelling unit by action or otherwise, including willful diminution of services to the
tenant by interrupting or causing the interruption of heat, running water, hot water, electric,
gas, or other essential service to the tenant, except in case of abandonment, surrender, or
as permitted in this chapter. (Act 2006-316, p. 668, §1.)...
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41-16-143
Section 41-16-143 Request for proposals; meeting; public notice; guarantee required; bond;
type, duration, funding, etc., of contract. (a) Before entering into a guaranteed energy cost
savings contract, a governmental unit shall submit a request for proposals. The governmental
unit shall evaluate any proposal from a qualified provider and shall select the qualified
provider that best meets the needs of the unit. After reviewing the proposals, the governmental
unit may enter into a guaranteed energy cost savings contract with a qualified provider if
it finds that the amount it would spend on the energy cost savings measures recommended in
the proposal would not exceed the amount of energy or operational cost savings, or both, within
the lesser of a 20-year period or the average useful life of the energy cost savings measures
from the date installation is complete and has been accepted by the governmental unit, if
the recommendations in the proposal are followed. The governmental unit...
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35-9A-501
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...
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35-9A-404
Section 35-9A-404 Wrongful failure to make available heat, water, hot water, or essential services.
(a) The landlord is not responsible for the payment of utility services unless agreed in the
lease. (b) If contrary to the rental agreement or Section 35-9A-204, after receiving notice
of the breach from the tenant, the landlord willfully or negligently fails to promptly make
available heat, running water, hot water, electric, gas, or other essential service, the tenant
may: (1) send a written notice specifying the date of termination not less than 14 days after
receipt of notice and upon vacation of the premises, the rental agreement shall be rightfully
terminated without further obligation or penalty. If the rental agreement is terminated pursuant
to this section, the landlord shall return all security recoverable by the tenant under Section
35-9A-201 and all unearned prepaid rent; or (2) recover damages based upon the diminution
in the fair rental value of the dwelling unit. (c) If...
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35-9A-405
Section 35-9A-405 Counterclaims for action for possession or rent. (a) In an action for possession
or in an action for rent when the tenant is in possession, the tenant may counterclaim for
any amount the tenant may recover under the rental agreement or this chapter. It is in the
court's discretion whether the tenant is to remain in possession. The tenant shall pay into
court rent accrued and thereafter accruing as it comes due. The court shall determine the
amount due to each party. The party to whom a net amount is owed shall be paid first from
the money paid into court, and the balance by the other party. If no rent remains due after
application of this section, judgment shall be entered for the tenant in the action for possession.
If the defense or counterclaim by the tenant is without merit and is not raised in good faith,
the landlord may recover reasonable attorney's fees. (b) In an action for rent when the tenant
is not in possession, the tenant may counterclaim as provided in...
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2-13-115
Section 2-13-115 Notice of referendum; amount of assessment; mail ballot; proof of eligibility
of bulk tank unit to vote. (a) With respect to any referendum conducted under the provisions
of this article, the state ADA and Alabama Farmers Dairy Division shall, before calling and
announcing such referendum, fix, determine and publicly announce at least 30 days before the
date determined upon for such referendum, the date, hours and polling places for voting in
such referendum, the amount and basis of the assessment proposed to be collected, the means
by which such assessment shall be collected if authorized by the producers, and the general
purposes to which said amount so collected shall be applied. No annual assessment levied under
the provisions of this article shall exceed the federally mandated $0.15 per hundredweight
of milk produced; however, an amount not to exceed $0.10 per hundredweight of milk produced
shall be credited to the state ADA for dairy product promotion and...
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34-4-29
Section 34-4-29 Revocation or suspension - Procedure generally; grounds; notice and hearing
required before denial, suspension, or revocation; administrative fines. (a) The board may
revoke or suspend licenses as provided in this section. (b) The board may, upon its own motion,
and shall, upon the verified complaint in writing of any person containing evidence, documentary
or otherwise, that makes out a prima facie case, investigate the actions of any auctioneer,
apprentice auctioneer, or any person who assumes to act in either capacity, and hold a hearing
on the complaint. (c) The board may suspend or revoke any license which has been issued based
on false or fraudulent representations. The board may also suspend or revoke the license of
any licensee for any of the following acts: (1) Making any substantial misrepresentation.
(2) Pursuing a continued and flagrant course of misrepresentation or making false promises
through agents, advertising, or otherwise. (3) Accepting valuable...
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35-12A-8
Section 35-12A-8 Sale of abandoned dwelling and personal property. (a) If the tenant does not
respond within the time provided by the manufactured dwelling community owner's notice, or
the tenant does not remove the manufactured dwelling or personal property within 45 days after
responding to the manufactured dwelling community owner or by any other date agreed to with
the manufactured dwelling community owner, whichever is later, the manufactured dwelling community
owner may sell the abandoned manufactured dwelling and personal property as provided in this
section. (b) With regard to the manufactured dwelling, prior to sale, the manufactured dwelling
community owner shall do all of the following: (1) Place a notice to be run once per week
for two consecutive weeks in a newspaper of general circulation in the county in which the
manufactured dwelling is located. The notice shall state all of the following: a. That the
manufactured dwelling is abandoned and will be sold in the manner...
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35-9-8
Section 35-9-8 Notice unnecessary when tenancy is for certain period. When a tenancy is for
a certain period, and the term expires by the terms of the lease, the tenant is then bound
to surrender possession, and no notice to quit or demand of possession is necessary. (Code
1923, §8826; Code 1940, T. 31, §9.)...
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35-9A-441
Section 35-9A-441 Periodic tenancy; holdover remedies. (a) The landlord or the tenant may terminate
a week-to-week tenancy by a written notice given to the other at least seven days before the
termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month
tenancy by a written notice given to the other at least 30 days before the periodic rental
date specified in the notice. (c) If a tenant remains in possession without the landlord's
consent after expiration of the term of the rental agreement or its termination, the landlord
may bring an action for possession and if the tenant's holdover is willful and not in good
faith the landlord may also recover an amount equal to not more than three month's periodic
rent or the actual damages sustained by the landlord, whichever is greater, and reasonable
attorney's fees. If the landlord consents to the tenant's continued occupancy, subsection
(d) of Section 35-9A-161 applies. (Act 2006-316, p. 668, §1.)...
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