Code of Alabama

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35-9A-406
Section 35-9A-406 Fire or casualty damage. (a) If the dwelling unit or premises are damaged
or destroyed by fire or casualty not caused by the tenant to an extent that enjoyment of the
dwelling unit is substantially impaired, the tenant may: (1) immediately vacate the premises
and notify the landlord in writing within 14 days thereafter of the tenant's intention to
terminate the rental agreement, in which case the rental agreement terminates as of the date
of vacating; or (2) if continued occupancy is lawful, vacate any part of the dwelling unit
rendered unusable by the fire or casualty, in which case the tenant's liability for rent is
reduced in proportion to the diminution in the fair rental value of the dwelling unit. (b)
If the rental agreement is terminated pursuant to this section, the landlord shall return
all security recoverable under Section 35-9A-201 and all unearned prepaid rent. Accounting
for rent in the event of termination or apportionment shall be made as of the date...
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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-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-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-205
Section 35-9A-205 Limitation of liability. (a) Unless otherwise agreed, a landlord who conveys
premises that include a dwelling unit subject to a rental agreement in a good faith sale to
a bona fide purchaser is relieved of liability under the rental agreement and this chapter
as to events occurring after written notice to the tenant of the conveyance. However, the
landlord remains liable to the tenant for all security recoverable by the tenant under Section
35-9A-201 and all prepaid rent. (b) Unless otherwise agreed, a manager of premises that include
a dwelling unit is relieved of liability under the rental agreement and this chapter as to
events occurring after written notice to the tenant of the termination of management by the
manager. (Act 2006-316, p. 668, §1.)...
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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-304
Section 35-9A-304 Tenant to use and occupy. Unless otherwise agreed, a tenant shall occupy
the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant
notify the landlord of any anticipated extended absence from the premises in excess of 14
days no later than the fifth day of the extended absence. (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-204
Section 35-9A-204 Landlord to maintain premises. (a) A landlord shall: (1) comply with the
requirements of applicable building and housing codes materially affecting health and safety;
(2) make all repairs and do whatever is necessary to put and keep the premises in a habitable
condition; (3) keep all common areas of the premises in a clean and safe condition; (4) maintain
in good and safe working order and condition all electrical, plumbing, sanitary, heating,
ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied
or required to be supplied by the landlord; (5) provide and maintain appropriate receptacles
and conveniences for the removal of garbage, rubbish, and other waste incidental to the occupancy
of the dwelling unit and arrange for their removal; and (6) supply running water and reasonable
amounts of hot water at all times and reasonable heat except where the building that includes
the dwelling unit is not required by law to be equipped...
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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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