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-442
Section 35-9A-442 Landlord and tenant remedies for abuse of access. (a) If a tenant refuses
to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate
the rental agreement pursuant to Section 35-9A-421. In either case, the landlord may recover
actual damages. (b) If a landlord makes an unlawful entry or a lawful entry in an unreasonable
manner or makes excessive demands for entry otherwise lawful but which have the effect of
unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the
recurrence of the conduct, or terminate the rental agreement pursuant to Section 35-9A-401.
In either case, the tenant may recover actual damages. (Act 2006-316, p. 668, §1.)...
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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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35-9A-406
Section 35-9A-406 Fire or casualty damage. (a) If the dwelling unit or premises are damaged
or destroyed by fire or casualty not caused by the tenant to an extent that enjoyment of the
dwelling unit is substantially impaired, the tenant may: (1) immediately vacate the premises
and notify the landlord in writing within 14 days thereafter of the tenant's intention to
terminate the rental agreement, in which case the rental agreement terminates as of the date
of vacating; or (2) if continued occupancy is lawful, vacate any part of the dwelling unit
rendered unusable by the fire or casualty, in which case the tenant's liability for rent is
reduced in proportion to the diminution in the fair rental value of the dwelling unit. (b)
If the rental agreement is terminated pursuant to this section, the landlord shall return
all security recoverable under Section 35-9A-201 and all unearned prepaid rent. Accounting
for rent in the event of termination or apportionment shall be made as of the date...
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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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35-9A-203
Section 35-9A-203 Landlord to deliver possession of dwelling unit. At the commencement of the
term, a landlord shall deliver possession of the premises to the tenant in compliance with
the rental agreement and Section 35-9A-204. The landlord may bring an action for possession
against any person wrongfully in possession and may recover the damages provided in Section
35-9A-441(c). (Act 2006-316, p. 668, §1.)...
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28-9-6
Section 28-9-6 Amendment, cancellation, etc., of agreements; proof of good faith; notice; good
cause. (a) Notwithstanding any agreement and except as otherwise provided for in this chapter,
a supplier shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement;
or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the
supplier has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c) of this section. (2) Has acted in good faith. (3) Has good cause for the
amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced
resignation. (b) For each amendment, modification, termination, cancellation, nonrenewal,
or discontinuance, the supplier shall have the burden of proving that it has acted in good
faith, that the notice requirements under this section have been complied with, and that there
was good cause for the amendment, modification, termination,...
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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-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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45-2-22.06
Section 45-2-22.06 Conditions of amendment, modification, termination, etc., of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier
shall not: Amend or modify an agreement; cause a wholesaler to resign from an agreement; or
cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier
has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment, modification,
cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each
amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier
shall have the burden of proving that it has acted in good faith, that the notice requirements
under this section have been complied with, and that there was good cause for the amendment,
modification, termination, cancellation, nonrenewal, or...
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