35-9A-407
Section 35-9A-407 Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution
of service. If a landlord unlawfully removes or excludes the tenant from the premises or willfully
diminishes services to the tenant by interrupting or causing the interruption of heat, running
water, hot water, electric, gas, or other essential service, the tenant may recover possession
or terminate the rental agreement and, in either case, recover an amount equal to not more
than three months' periodic rent or the actual damages sustained by the tenant, whichever
is greater, and reasonable attorney's fees. If the rental agreement is terminated under this
section, the landlord shall return all security recoverable under Section 35-9A-201 and all
unearned prepaid rent. (Act 2006-316, p. 668, §1.)...
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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-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-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-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-401
Section 35-9A-401 Noncompliance by the landlord. (a) Except as provided in this chapter, if
there is a material noncompliance by the landlord with the rental agreement or a noncompliance
with Section 35-9A-204 materially affecting health and safety, the tenant may deliver a written
notice to the landlord specifying the acts and omissions constituting the breach and that
the rental agreement will terminate upon a date not less than 14 days after receipt of the
notice if the breach is not remedied within that period, and the rental agreement shall terminate
as provided in the notice subject to the following: (1) if the breach is remediable by repairs
or the payment of damages or otherwise and the landlord adequately remedies the breach before
the date specified in the notice, the rental agreement shall not terminate by reason of the
breach. (2) the tenant may not terminate for a condition caused by the deliberate or negligent
act or omission of the tenant, a member of the tenant's...
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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-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-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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35-9A-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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