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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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35-12A-7
Section 35-12A-7 Intent by tenant to remove dwelling from premises. If a tenant, responds by
written notice to the manufactured dwelling community owner on or before the specified date
in the manufactured dwelling community owner's notice that the tenant intends to remove the
manufactured dwelling from the premises, the manufactured dwelling community owner must make
the manufactured dwelling available for removal by appointment at reasonable times during
the next 45 days, provided that the tenant has paid all applicable charges and costs as provided
herein. If the manufactured dwelling is not removed, the manufactured community dwelling owner
may proceed with the sale of the manufactured dwelling pursuant to Section 35-12A-8. (Act
2003-516, 2nd Sp. Sess., p. 1537, §1; Act 2014-167, p. 475, §1.)...
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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-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-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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35-12A-14
Section 35-12A-14 Abandonment of dwelling by death of tenant. If the manufactured dwelling
or personal property is considered abandoned as a result of the death of the only tenant,
Sections 35-12A-1 to 35-12A-13, inclusive, and this section shall apply, except as follows:
(1) The provisions of this chapter regarding the rights and responsibilities of a tenant to
the abandoned manufactured dwelling and personal property shall apply to any personal representative
named in a will or appointed by a court to act for the deceased tenant or any person designated
in writing by the tenant to be contacted by the manufactured dwelling community owner in the
event of the tenant's death. (2) The notice required by Section 35-12A-3 shall be personally
delivered or sent by first class mail to any personal representative named in a will or appointed
by a court to act for the deceased tenant. (3) The notice described in Section 35-12A-5 shall
refer to any personal representative or designated person,...
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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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35-12A-5
Section 35-12A-5 Contents of notice. The notice required by Sections 35-12A-3 and 35-12A-4
shall state all of the following: (1) The manufactured dwelling, with a reasonably certain
description of the dwelling, is left upon the premises and is considered abandoned and the
tenant is indebted to the manufactured dwelling community owner for rental fees. (2) The tenant
or lienholder shall contact the manufactured dwelling community owner within 30 days of receipt
of the notice, as provided in Section 35-12A-6, to arrange for the removal of the abandoned
manufactured dwelling. (3) The manufactured dwelling is stored on the rented space and applicable
storage fees are being assessed. (4) The tenant or any lienholder may arrange for removal
of the manufactured dwelling by contacting the manufactured dwelling community owner at a
described telephone number or address on or before the specified date provided in the notice.
(5) The manufactured dwelling community owner shall make the...
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35-9-12
Section 35-9-12 Seizure of crops upon abandonment of premises. When a tenant abandons or removes
from the premises or any part thereof, the landlord or his agent or attorney may seize upon
any grain or other crops grown or growing upon the premises or part thereof so abandoned,
whether the rent is due or not. If such grain or other crops or any part thereof is not fully
grown or matured, the landlord or his agent or attorney may cause the same to be properly
cultivated and harvested or gathered, and may sell and dispose of the same, and apply the
proceeds, so far as may be necessary, to compensate him for his labor and expenses and to
pay the rent and advances. The tenant may, at any time before the sale of the property so
seized, redeem the same by tendering the rent and advances due and reasonable compensation,
and expenses of the cultivation and harvesting or gathering the same. (Code 1923, §8830;
Code 1940, T. 31, §13.)...
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35-9-11
Section 35-9-11 Right of landlord to enforce lien against sublessees or assignees. In all cases
when the demised premises shall be sublet, or the lease is assigned, the landlord shall have
the same right to enforce his lien against the sublessee or assignee, that he has against
the tenant to whom the premises were demised. (Code 1923, §8829; Code 1940, T. 31, §12.)...
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