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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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13A-11-33
Section 13A-11-33 Installing eavesdropping device. (a) A person commits the crime of installing
an eavesdropping device if he intentionally installs or places a device in a private place
with knowledge it is to be used for eavesdropping and without permission of the owner and
any lessee or tenant or guest for hire of the private place. (b) Installing an eavesdropping
device in a private place is prima facie evidence of knowledge that the device is to be used
for eavesdropping. (c) Installing an eavesdropping device is a Class C felony. (Acts 1977,
No. 607, p. 812, §5615.)...
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30-3-165
Section 30-3-165 Notice. (a) When a notice is required by either Section 30-3-163 or Section
30-3-164, except as provided by Section 30-3-167, the notice of a proposed change of principal
residence of a child or the notice of an intended or proposed change of the principal residence
of an adult as provided in this article must be given by certified mail to the last known
address of the person or persons entitled to notification under this article not later than
the 45th day before the date of the intended change of the principal residence of a child
or the 10th day after the date such information required to be furnished by subsection (b)
becomes known, if the person did not know and could not reasonably have known the information
in sufficient time to comply with the 45-day notice, and it is not reasonably possible to
extend the time for change of principal residence of the child. (b) Except as provided by
Section 30-3-167, all of the following information, if available, must be...
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35-9-41
Section 35-9-41 Right of subtenant to require attachment against tenant in chief. The subtenant
may notify the superior landlord, or his assignee, of the existence of any one of the several
causes authorizing the issue of an attachment against the crop of the tenant in chief and
if such notice is given, and an affidavit is made by the subtenant before an officer authorized
by law to administer oaths, setting forth the existence of any one of such causes, and is
served by the subtenant, in person, or by his agent, on such landlord, or his assignee, at
the time the notice is given, and the landlord, or his assignee, fails or refuses to proceed
within a reasonable time thereafter against the crop of the tenant in chief, he thereby loses
his right to proceed against the crop of the subtenant for any deficiency in the crop of the
tenant in chief to satisfy his claim, insofar as that deficiency resulted from such failure
or refusal to proceed. (Code 1876, §3477; Code 1886, §3067; Code...
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37-15-4
Section 37-15-4 Notice of intent to excavate or demolish. (a) A permit issued pursuant to law
authorizing excavation or demolition operations shall not be deemed to relieve a person from
the responsibility for complying with this chapter. Any public agency issuing such permit
shall notify the person receiving the permit of the notification requirements of this chapter;
however, failure to provide such notification shall not make the State Department of Transportation
subject to the penalties provided for in Section 37-15-10. (b) Before commencing any excavation
or demolition operation prohibited by Section 37-15-3, each person responsible for the excavation
or demolition shall give telephonic or electronic notice of the intent to excavate or demolish
to the underground facility operator or the "One-Call Notification System" acting
on behalf of the operator at least two but not more than 10 working days prior to the start
of the proposed excavation, not including the day of...
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32-6-49.13
Section 32-6-49.13 Implied consent to take test of blood, breath, etc.; administration of test;
refusal to take test; report of a law enforcement officer; sanctions; notice and hearing;
review; notification of other states. (a) A person who drives a commercial motor vehicle within
this state is deemed to have given consent, subject to provisions of Section 32-5-192, to
take a test or tests of that person's blood, breath, or urine for the purpose of determining
that person's alcohol concentration, or the presence of other drugs. (b)(1) A test or tests
shall be administered at the direction of a law enforcement officer, who after stopping or
detaining the commercial motor vehicle driver, has probable cause to believe that driver was
driving a commercial motor vehicle while having alcohol or drugs in his or her system. The
law enforcement officer shall test the driver at the scene by using a field breathalyzer or
other approved device, technique, or procedure approved by the Department of...
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35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
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7-7-203
Section 7-7-203 Liability for nonreceipt or misdescription. A party to or purchaser for value
in good faith of a document of title, other than a bill of lading, that relies upon the description
of the goods in the document may recover from the issuer damages caused by the nonreceipt
or misdescription of the goods, except to the extent that: (1) The document conspicuously
indicates that the issuer does not know whether all or part of the goods in fact were received
or conform to the description, such as a case in which the description is in terms of marks
or labels or kind, quantity, or condition, or the receipt or description is qualified by "contents,
condition, and quality unknown," "said to contain," or words of similar import,
if the indication is true; or (2) The party or purchaser otherwise has notice of the nonreceipt
or misdescription. (Prior version of this section added by Acts 1965, No. 549, p. 811; repealed
by Act 2004-315, p. 464, §1; current section added by Act...
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10A-9A-4.02
Section 10A-9A-4.02 General partner agent of limited partnership. (a) Each general partner
is an agent of the limited partnership for the purposes of its activities and affairs. An
act of a general partner, including the signing of a writing in the partnership's name, for
apparently carrying on in the ordinary course the limited partnership's activities and affairs
or activities and affairs of the kind carried on by the limited partnership binds the limited
partnership, unless the general partner did not have authority to act for the limited partnership
in the particular matter and the person with which the general partner was dealing knew, had
received a notification, or had notice under Section 10A-9A-1.03(d) that the general partner
lacked authority. (b) An act of a general partner which is not apparently for carrying on
in the ordinary course the limited partnership's activities and affairs or activities and
affairs of the kind carried on by the limited partnership binds the...
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13A-12-73
Section 13A-12-73 Sale of forfeited vehicle; rights of bailor, conditional vendor or mortgagee.
The court in condemnation proceedings shall sell the right of all interested persons in and
to said conveyance or vehicle who aided or assisted any such person as described in Section
13A-12-70 in the illegal transportation or who had knowledge or notice thereof, or who had
knowledge of the presence thereof in said vehicle or conveyance, or who could by reasonable
diligence have obtained knowledge or notice thereof. Any bona fide bailor or conditional vendor
or chattel mortgagee who shall, prior to bailing, selling or accepting a mortgage upon such
conveyance or vehicle, make inquiry of the sheriff and chief of police of the county and city
of the residence of such bailee, vendee or mortgagor and of the sheriff and chief of police
of the county and city of the place of business of the bailor, vendor or mortgagee, or of
any recognized or licensed agency which makes a systematic check of court...
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