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35-9A-424
Section 35-9A-424 Waiver of landlord's right to terminate. Acceptance of rent with knowledge
of a default by the tenant or acceptance of performance by the tenant that varies from the
terms of the rental agreement constitutes a waiver of the landlord's right to terminate the
rental agreement for that breach, unless otherwise agreed after the breach has occurred. (Act
2006-316, p. 668, §1.)...
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35-9A-401
Section 35-9A-401 Noncompliance by the landlord. (a) Except as provided in this chapter, if
there is a material noncompliance by the landlord with the rental agreement or a noncompliance
with Section 35-9A-204 materially affecting health and safety, the tenant may deliver a written
notice to the landlord specifying the acts and omissions constituting the breach and that
the rental agreement will terminate upon a date not less than 14 days after receipt of the
notice if the breach is not remedied within that period, and the rental agreement shall terminate
as provided in the notice subject to the following: (1) if the breach is remediable by repairs
or the payment of damages or otherwise and the landlord adequately remedies the breach before
the date specified in the notice, the rental agreement shall not terminate by reason of the
breach. (2) the tenant may not terminate for a condition caused by the deliberate or negligent
act or omission of the tenant, a member of the tenant's...
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35-9A-421
Section 35-9A-421 Noncompliance with rental agreement; failure to pay rent. (a) Except as provided
in this chapter, if there is a material noncompliance by the tenant with the rental agreement,
an intentional misrepresentation of a material fact in a rental agreement or application,
or a noncompliance with Section 35-9A-301 materially affecting health and safety, the landlord
may deliver a written notice to terminate the lease to the tenant specifying the acts and
omissions constituting the breach and that the rental agreement will terminate upon a date
not less than seven business days after receipt of the notice. An intentional misrepresentation
of a material fact in a rental agreement or application may not be remedied or cured. If the
breach is not remedied within the seven business days after receipt of the notice to terminate
the lease, the rental agreement shall terminate on the date provided in the notice to terminate
the lease unless the tenant adequately remedies the breach...
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35-9A-402
Section 35-9A-402 Failure to deliver possession. (a) If the landlord fails to deliver possession
of the dwelling unit to the tenant as provided in Section 35-9A-203, rent abates until possession
is delivered and the tenant may: (1) terminate the rental agreement upon written notice to
the landlord and within five days thereafter the landlord shall return all prepaid rent and
security; or (2) demand performance of the rental agreement by the landlord and, if the tenant
elects, bring an action for possession of the dwelling unit from the person wrongfully in
possession and recover the actual damages sustained by the tenant. (b) If a person's failure
to deliver possession is willful and not in good faith, an aggrieved party may recover from
that person an amount equal to not more than three months' periodic rent or the actual damages
sustained, whichever is greater, and reasonable attorney's fees. (Act 2006-316, p. 668, §1.)...
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8-20-5
Section 8-20-5 Limitations on cancellations, modifications, terminations, and nonrenewals of
franchise relationships. (a) Notwithstanding the terms, provisions, or conditions of any agreement
or franchise or notwithstanding the terms or provisions of any waiver, no manufacturer shall
cancel, terminate, modify, fail to renew, or refuse to continue any franchise relationship
with a licensed new motor vehicle dealer unless the manufacturer has: (1) Satisfied the notice
requirement of this section. (2) Acted in good faith as defined in this chapter. (3) Has good
cause for the cancellation, termination, modification, nonrenewal, or noncontinuance. (b)
Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the
terms or provisions of any waiver, good cause shall exist for the purposes of a termination,
cancellation, modification, nonrenewal, or noncontinuance when: (1) There is a failure by
the new motor vehicle dealer to comply with a provision of the franchise...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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35-9A-162
Section 35-9A-162 Effect of unsigned or undelivered rental agreement. (a) If a landlord does
not sign and deliver a written rental agreement signed and delivered to the landlord by the
tenant, acceptance of rent without reservation by the landlord gives the rental agreement
the same effect as if it had been signed and delivered by the landlord. (b) If a tenant does
not sign and deliver a written rental agreement signed and delivered to the tenant by the
landlord, acceptance of possession and payment of rent without reservation gives the rental
agreement the same effect as if it had been signed and delivered by the tenant. (c) If a rental
agreement given effect by the operation of this section provides for a term longer than one
year, it is effective for only one year. (Act 2006-316, p. 668, §1.)...
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35-9-5
Section 35-9-5 Notice to terminate tenancy for term less than one year. In all cases of tenancy
by the month or for any other term less than one year, where the tenant holds over without
special agreement, the landlord shall have the right to terminate the tenancy by giving the
tenant 10 days' notice in writing of such termination, and the landlord upon giving said notice
for said time shall be authorized without further notice to the tenant to recover possession
of the rented premises in an action of unlawful detainer. (Code 1923, §8822; Acts 1932, Ex.
Sess., No. 13, p. 14; Code 1940, T. 31, §5.)...
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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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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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