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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-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-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-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-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-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-13
Section 35-12A-13 Rights and obligations of lienholders. If a lienholder makes a timely response
to a notice of abandoned manufactured dwelling, as provided for in Section 35-12A-4, and so
requests, a manufactured dwelling community owner shall not sell the manufactured dwelling
for a period of 12 months. During this period, or until the manufactured dwelling is removed
from the manufactured dwelling community owner's premises, the lienholder must make timely
periodic payments of all reasonable and actual storage or rental fees which accrue after the
expiration of the 30-day notice period and which shall be no greater than the monthly space
rent last payable by the tenant. The lienholder shall have the right to remove or sell the
manufactured dwelling, pursuant to the provisions of any agreement with the owner of the dwelling
or as otherwise allowed by law. The manufactured dwelling community owner may condition approval
for occupancy of any purchaser of the manufactured dwelling upon...
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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-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
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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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