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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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34-27-100
Section 34-27-100 Definitions. For the purposes of this article, the following terms shall
have the following meanings: (1) ACTUAL INTRODUCTION. a. When the buyer, seller, landlord,
or tenant has been referred to the real estate licensee by the person or entity seeking the
referral fee prior to the time the customer has executed a real estate brokerage services
disclosure form or waived execution in writing or the customer has executed a buyer's agency
agreement, property listing agreement, or a transaction brokerage agreement; or b. For real
estate transactions in which the law of this state does not require the presentation of a
real estate brokerage services disclosure form, when the buyer, seller, landlord, or tenant
has been referred to the real estate licensee by the person or entity seeking the referral
fee prior to any contact between the buyer, seller, landlord, or tenant and the real estate
licensee during which their real estate business has been discussed. (2) INTERFERENCE...
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35-9-100
Section 35-9-100 When reasonable satisfaction may be recovered. A reasonable satisfaction may
be recovered for the use and occupation of land: (1) When there has been a demise by deed
or by parol, and no specific sum agreed on as rent. (2) When the defendant has been let into
possession upon a supposed sale of the lands, which, from the act of the defendant, has not
been consummated. (3) When the tenant remains on the land by sufferance of the owner. When,
after a demise, the tenant, having had 30 days' previous notice, holds over without the consent
of his landlord, he shall pay to such landlord double the value of the customary rent of the
property so withheld. (4) When the defendant has gone in possession of the land unlawfully.
The owner of the land has a lien upon the same property of the defendant, and to the same
extent as the landlord has under section 35-9-30 or section 35-9-60, which may be enforced
by attachment as provided in section 35-9-61 or section 35-9-34, as may be...
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35-9-60
Section 35-9-60 Lien declared. The landlord of any storehouse or other building shall have
a lien on the goods, furniture, and effects belonging to the tenant, and subtenant, for rent,
which shall be superior to all other liens, except those for taxes, and except as otherwise
provided in Section 7-9A-333. In case the tenant or subtenant is adjudged a bankrupt, such
lien on such goods, furniture, and effects of the bankrupt shall, as against the trustee in
bankruptcy, attach only for unpaid rent accrued and which shall accrue within six months from
the date of adjudication computed pro rata at the then current rate. The lien amount accrued
and to accrue shall not be increased by reason of any default or breach of contract by the
bankrupt. From the amount of such lien, so computed, the trustee in bankruptcy may deduct
all payments and all demands which could be legally set up against the landlord by way of
counterclaim. If the trustee in bankruptcy shall dispose of the lease as an asset...
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35-9-41
Section 35-9-41 Right of subtenant to require attachment against tenant in chief. The subtenant
may notify the superior landlord, or his assignee, of the existence of any one of the several
causes authorizing the issue of an attachment against the crop of the tenant in chief and
if such notice is given, and an affidavit is made by the subtenant before an officer authorized
by law to administer oaths, setting forth the existence of any one of such causes, and is
served by the subtenant, in person, or by his agent, on such landlord, or his assignee, at
the time the notice is given, and the landlord, or his assignee, fails or refuses to proceed
within a reasonable time thereafter against the crop of the tenant in chief, he thereby loses
his right to proceed against the crop of the subtenant for any deficiency in the crop of the
tenant in chief to satisfy his claim, insofar as that deficiency resulted from such failure
or refusal to proceed. (Code 1876, §3477; Code 1886, §3067; Code...
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31-2-31
Section 31-2-31 Sale, pawn; purchase or unauthorized retention of military property; seizure,
etc., of unlawfully retained property. Any person who sells, pawns, purchases, retains or
has in his possession or custody, without right, any military property belonging to this state
or the United States, or any unit of the armed forces of the state, and who, after proper
demand, refuses to deliver the same to any officer entitled to take possession thereof, is
guilty of a misdemeanor if the value of such property is $500.00 or less, and is guilty of
a felony if the value of such property exceeds $500.00. Any person belonging to the armed
forces of the state who, contrary to the order of the proper officer, retains in his possession
or control any military property of this state or of the United States is guilty of a misdemeanor
if the value of such property is $500.00 or less, and is guilty of a felony if the value of
such property exceeds $500.00. Any commanding officer may take possession...
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32-20-11
Section 32-20-11 Violations - Certificate and application. A person is guilty of a Class B
misdemeanor who does any of the following: (1) With fraudulent intent, permits another, not
entitled thereto, to use or have possession of a certificate of title. (2) Willfully fails
to mail or deliver a certificate of title or application therefore to the department within
10 days after the time required by this chapter. (3) Willfully fails to deliver to his or
her transferee a certificate of title within 10 days after the time required by this chapter.
(4) Knowingly and willfully commits a fraud in any application or a title. (5) Willfully violates
any other provision of this chapter, except as otherwise provided in this chapter. (Act 2009-746,
p. 2236, §4.)...
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32-8-13
Section 32-8-13 Offenses constituting misdemeanors. A person is guilty of a Class A misdemeanor
who: (1) With fraudulent intent, permits another, not entitled thereto, to use or have possession
of a certificate of title; (2) Willfully fails to mail or deliver a certificate of title or
application therefor to the department within 10 days after time required by this chapter;
(3) Willfully fails to deliver to his or her transferee a certificate of title within 10 days
after the time required by this chapter; or (4) Knowingly and willfully commits a fraud in
any application for a title or registration; or (5) Willfully violates any other provision
of this chapter, except as otherwise provided in this chapter. (Acts 1973, No. 765, p. 1147,
§45; Act 2009-281, p. 472, §1.)...
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35-8A-408
Section 35-8A-408 Purchaser's right to cancel. (a) A person required to deliver the required
documents or report pursuant to Section 35-8A-402(c) or 35-8A-407 shall provide a purchaser
of a unit with a copy of the offering statement and all amendments thereto not later than
the date of any contract of sale. Unless a purchaser is given the required documents more
than seven days before execution of a contract for the purchase of a unit, the purchaser may
cancel the contract within seven days after first receiving the required documents or report.
(b) If a purchaser elects to cancel a contract or conveyance pursuant to subsection (a), he
or she may do so by hand-delivering notice thereof to the offeror or by mailing notice thereof
by prepaid United States mail to the offeror or to his or her agent for service of process.
Cancellation is without penalty, and all payments made by the purchaser before cancellation
shall be refunded promptly. (c) If a person required to deliver an offering...
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12-13-18
Section 12-13-18 Failure of clerk, etc., to deliver books, papers, money, etc., to successor
of probate judge. Any clerk or person in the office of the probate judge who obtains possession
of the books, papers, money or property belonging or appertaining to such office pending a
vacancy therein and who fails or refuses on demand to deliver such books, papers, money or
property to the lawfully qualified successor of the probate judge must, on conviction, be
fined not less than $200.00. (Code 1896, §5159; Code 1907, §7460; Code 1923, §5052; Code
1940, T. 13, §303.)...
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