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-141
Section 35-9A-141 Definitions. Subject to additional definitions contained in subsequent articles
of this chapter which apply to specific articles or divisions thereof, and unless the context
otherwise requires, in this chapter: (1) "action" includes recoupment, counterclaim,
set-off, suit in equity, and any other proceeding in which rights are determined, including
an action for possession; (2) "building and housing codes" include any law, ordinance,
or governmental regulation concerning fitness for habitation, or the construction, maintenance,
operation, occupancy, use, or appearance of any premises or dwelling unit; (3) "day"
means calendar day, notwithstanding Rule 6 of the Alabama Rules of Civil Procedure; however,
in any case where the application of a time period in this chapter consisting of a specific
number of days results in the last day of that time period falling on a weekend or an official
holiday, then the last day of that time period shall be considered the next...
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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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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-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-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-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-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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45-9-243.40
Section 45-9-243.40 Privilege or license tax. (a) The following words, terms, and phrases,
when used in this section, shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning: (1) PERSON. Any natural person, firm,
partnership, association, corporation, receiver, trust, estate, or other entity, or any other
group or combination of any thereof acting as a unit. (2) COUNTY. Chambers County, Alabama.
(3) BUSINESS. All activities engaged in, or caused to be engaged in, by any person with the
object of gain, profit, benefit, or advantage, either direct or indirect to such person. (4)
GROSS PROCEEDS. The value proceeding or accruing from the leasing or rental of tangible personal
property, without any deduction on account of the cost of the property so leased or rented,
the cost of materials used, labor, or service cost, interest paid or any other expenses whatsoever,
and without any deduction on account of loss and shall also...
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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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