Code of Alabama

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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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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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35-9A-422
Section 35-9A-422 Failure to maintain. If there is noncompliance by the tenant with Section
35-9A-301 materially affecting health and safety that can be remedied by repair, replacement
of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require
in case of emergency or within seven days after written notice by the landlord specifying
the breach and requesting that the tenant remedy it within that period of time, the landlord
may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit
the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof
as rent on the next date periodic rent is due, or if the rental agreement has terminated,
for immediate payment. (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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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-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-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-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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