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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-201
Section 35-9A-201 Security deposits; prepaid rent. (a) A landlord may not demand or receive
money as security, in an amount in excess of one month's periodic rent, except for pets, changes
to the premises, or increased liability risks to the landlord or premises, for tenant's obligations
under a rental agreement. (b) Upon termination of the tenancy, money held by the landlord
as security may be applied to the payment of accrued rent and the amount of damages that the
landlord has suffered by reason of the tenant's noncompliance with Section 35-9A-301 all as
itemized by the landlord in a written notice delivered to the tenant together with the amount
due 60 days after termination of the tenancy and delivery of possession. (c) If the landlord
does not refund the entire deposit, the landlord, within the 60-day period, shall provide
the tenant an itemized list of amounts withheld. (d) Upon vacating the premises, the tenant
shall provide to the landlord a valid forwarding address, in...
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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-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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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-423
Section 35-9A-423 Remedies for absence, nonuse, and abandonment. (a) If a rental agreement
requires the tenant to give notice to the landlord of an anticipated extended absence in excess
of 14 days pursuant to Section 35-9A-304 and the tenant willfully fails to do so, the landlord
may recover actual damages from the tenant. (b) During any absence of a tenant in excess of
14 days, the landlord may enter the dwelling unit at times reasonably necessary. (c) If a
tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at
a fair rental. But such duty shall not take priority over the landlord's right to first rent
other vacant units. If the landlord rents the dwelling unit for a term beginning before the
expiration of the rental agreement, it terminates as of the date of the new tenancy. If the
tenancy is from month-to-month or week-to-week, the term of the rental agreement for this
purpose is deemed to be a month or a week, as the case may be. (d) If a...
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35-9A-161
Section 35-9A-161 Terms and conditions of rental agreement. (a) A landlord and a tenant may
include in a rental agreement terms and conditions not prohibited by this chapter or other
law, including rent, term of the agreement, and other provisions governing the rights and
obligations of the parties. (b) In absence of agreement, the tenant shall pay as rent the
fair rental value for the use and occupancy of the dwelling unit. (c) Rent is payable without
demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed,
rent is payable at the dwelling unit and periodic rent is payable at the beginning of any
term of one month or less and otherwise in equal monthly installments at the beginning of
each month. Unless otherwise agreed, rent is uniformly apportionable from day-to-day. (d)
Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case of
a tenant who pays weekly rent, and in all other cases month-to-month. (Act 2006-316, p....
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35-8A-412
Section 35-8A-412 Conversion buildings. (a) A declarant of a condominium containing conversion
buildings, and any person in the business of selling real estate for his or her own account
who intends to offer units in such a condominium shall give each of the residential tenants
and any residential subtenant in possession of a portion of a conversion building notice of
the conversion no later than 60 days before the tenants and any subtenant in possession are
required to vacate. The notice must set forth generally the rights of tenants and subtenants
under this section and shall be hand-delivered to the unit or mailed by prepaid United States
mail to the tenant and subtenant at the address of the unit or any other mailing address provided
by a tenant. No tenant or subtenant may be required to vacate upon less than 60 days' notice,
except by reason of nonpayment of rent, waste, or conduct that disturbs other tenants' peaceful
enjoyment of the premises, and the terms of the tenancy may...
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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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35-9A-407
Section 35-9A-407 Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution
of service. If a landlord unlawfully removes or excludes the tenant from the premises or willfully
diminishes services to the tenant by interrupting or causing the interruption of heat, running
water, hot water, electric, gas, or other essential service, the tenant may recover possession
or terminate the rental agreement and, in either case, recover an amount equal to not more
than three months' periodic rent or the actual damages sustained by the tenant, whichever
is greater, and reasonable attorney's fees. If the rental agreement is terminated under this
section, the landlord shall return all security recoverable under Section 35-9A-201 and all
unearned prepaid rent. (Act 2006-316, p. 668, §1.)...
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