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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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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35-9A-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-202
Section 35-9A-202 Disclosure. (a) A landlord or any person authorized to enter into a rental
agreement on the landlord's behalf shall disclose to the tenant in writing at or before the
commencement of the tenancy the name and business address of: (1) the person authorized to
manage the premises; and (2) an owner of the premises or a person authorized to act for and
on behalf of the owner for the purpose of service of process and receiving and receipting
for notices and demands. (b) The information required to be furnished by this section shall
be kept current and this section extends to and is enforceable against any successor landlord,
owner, or manager. (c) A person who fails to comply with subsection (a) becomes an agent of
each person who is a landlord for: (1) service of process and receiving and receipting for
notices and demands; and (2) performing the obligations of the landlord under this chapter
and under the rental agreement and expending or making available for the purpose...
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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-303
Section 35-9A-303 Access. (a) A tenant shall not unreasonably withhold consent to the landlord
to enter into the dwelling unit in order to inspect the premises, make necessary or agreed
repairs, decorations, alterations, or improvements, supply necessary or agreed services, or
exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen,
or contractors. (b) A landlord may enter the dwelling unit without consent of the tenant only
in the following circumstances: (1) In case of emergency. (2) Pursuant to court order. (3)
As permitted by Sections 35-9A-422 and 35-9A-423(b). (4) At reasonable times and with prior
notice as provided in subsection (c), to show the premises to a prospective tenant or purchaser,
if a landlord provides the tenant separate from the rental agreement a general notice signed
by the tenant for the right to access for such a purpose within four months of the expiration
of the rental agreement, and only in the company of a prospective...
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35-9A-205
Section 35-9A-205 Limitation of liability. (a) Unless otherwise agreed, a landlord who conveys
premises that include a dwelling unit subject to a rental agreement in a good faith sale to
a bona fide purchaser is relieved of liability under the rental agreement and this chapter
as to events occurring after written notice to the tenant of the conveyance. However, the
landlord remains liable to the tenant for all security recoverable by the tenant under Section
35-9A-201 and all prepaid rent. (b) Unless otherwise agreed, a manager of premises that include
a dwelling unit is relieved of liability under the rental agreement and this chapter as to
events occurring after written notice to the tenant of the termination of management by the
manager. (Act 2006-316, p. 668, §1.)...
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35-9-3
Section 35-9-3 Duration of tenancy when time for termination not specified - Generally. Where
no time is specified for the termination of tenancy, the law construes it to be from December
1 to December 1 but if it is expressly a tenancy at will, then either party may terminate
it at will, by 10 days' notice in writing. (Code 1907, §4732; Code 1923, §8797; Acts 1935,
No. 94, p. 158; Code 1940, T. 31, §3.)...
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35-9-38
Section 35-9-38 Failure or refusal of tenant to plant crop. In any case in which a tenant of
farm lands shall fail or refuse, without just cause or excuse, to prepare the land and plant
his crops, or a substantial portion of such crops to be grown as are usually planted by that
time, on or before March 20, he may, at the election of the landlord, be required to surrender
and vacate the rented premises, and upon making such election, and upon notice thereof to
the tenant, the landlord may proceed to recover possession of the rented premises by an action
of unlawful detainer. (Acts 1915, No. 709, p. 808; Code 1923, §8808; Acts 1931, No. 353,
p. 410; Code 1940, T. 31, §24.)...
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35-11-451
Section 35-11-451 Brokers lien generally; recording notice; notice requirements; enforcement
of lien. (a) A real estate broker shall have a lien, in the amount of the compensation agreed
upon by and between the broker and his or her client, upon commercial real estate or any interest
therein which is subject to and described in the brokerage agreement and owned by a client
or by a party whose commercial real estate may be liened if different from the client who
has received written notice from the broker in conformity with subsection (f) prior to obtaining
an interest in the commercial real estate through a purchase, lease, or conveyance. Commercial
real estate, or an interest therein, acquired by a person other than a client prior to receipt
of the notice from the broker required by this division is not subject to the lien provided
by this division. The lien shall arise: (1) Upon the satisfaction of each of: a. Conveyance
of the commercial real estate identified in and subject to the...
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