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40-10-76
Section 40-10-76 Action for possession defeated on grounds other than that taxes were not due.
THIS SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1,
2020. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in any action brought
by the purchaser, or other person claiming under the purchaser, to recover the possession
of lands sold for taxes, a recovery is defeated on the ground that such sale was invalid for
any reason other than that the taxes were not due, the court shall forthwith, on the motion
of the plaintiff, ascertain the amount of taxes for which the lands were liable at the time
of the sale and for the payment of which they were sold, with interest thereon from the date
of sale, and the amount of such taxes on the lands, if any, as the plaintiff, or the person
under whom he claims, has, since such sale, lawfully paid or assumed by the state after its
purchase, with interest thereon from the date of such payment, the interest...
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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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8-29-6
Section 8-29-6 Civil action. A contractor, subcontractor, or sub-subcontractor may file a civil
action solely against the party contractually obligated for the payment of the amount claimed
to recover the amount due plus the interest accrued in accordance with this chapter. If the
court finds in the civil action that the owner, contractor, or subcontractor has not made
payment in compliance with this chapter, the court shall award the interest specified in this
chapter in addition to the amount due. In any such civil action, the party in whose favor
a judgement is rendered shall be entitled to recover payment of reasonable attorneys' fees,
court costs and reasonable expenses from the other party. (Acts 1995, No. 95-380, p. 775,
§6.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-29-6.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-441.htm - 1K - Match Info - Similar pages
40-10-80
Section 40-10-80 Judgment when party claiming adversely to tax title has made payment or tender.
If, in any action brought to recover the possession of lands sold for taxes by or against
the purchaser or other person claiming under him, it is shown that the party claiming adversely
to the tax title, being entitled to redeem, made within the time allowed for redemption the
payment required by law for the redemption of such lands, or made tender thereof, and the
amount of such tender has been paid into court for the opposite party, judgment must be rendered
in his favor for the costs accruing after such payment or tender, except as against the state.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §293.)...
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6-6-351
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent by defendant.
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure,
in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate
court does not prevent the issue of a writ of restitution or possession unless the defendant
pays to the clerk of the district court all rents called for under the terms of the lease,
since the date of the filing of the action and continues to pay all rent that becomes due
and payable under the terms of the lease as they become due, during the pendency of the appeal,
and the sums are to be ascertained by the judge. (b) If the defendant should fail to make
any payments as they become due under subsection (a), the court shall issue a writ of restitution
or possession and the plaintiff shall be placed in full possession of the premises. (c) Upon
disposition of the appeal, the court shall direct the clerk as to...
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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6-5-221
under the supervision, administration, or observation of an architect or engineer, or designed
by and constructed in accordance with the plans and specifications prepared by an architect
or engineer, for the recovery of damages for: (i) Any defect or deficiency in the design,
planning, specifications, testing, supervision, administration, or observation of the construction
of any such improvement, or any defect or deficiency in the construction of any such improvement;
or (ii) Damage to real or personal property caused by any such defect or deficiency;
or (iii) Injury to or wrongful death of a person caused by any such defect or deficiency;
shall be commenced within two years next after a cause of action accrues or arises, and not
thereafter. Notwithstanding the foregoing, no relief can be granted on any cause of action
which accrues or would have accrued more than seven years after the substantial completion
of construction of the improvement on or to the real property, and any right...
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18-1A-52
Section 18-1A-52 Bond for damages caused by entry. (a) An order permitting entry under Section
18-1A-51 shall include a preliminary assessment by the circuit court of the probable amount
that will fairly compensate the owner and any other person in lawful possession or physical
occupancy of the property for damages for physical injury to the property, and for
substantial interference with its possession or use, found likely to be caused by the entry
and activities authorized by the order, and shall require the condemnor other than the state
to enter into bond in double the amount of such preliminary assessment, with good and sufficient
sureties, to pay such damages as the property owner or other person in lawful possession or
physical occupancy of the property may sustain. The bond must be given before entry is made.
(b) Unless sooner disbursed by agreement or court order, the amount of the bond sufficient
to cover the damages sustained shall be paid to those determined by the circuit...
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40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
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