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35-9A-426
Section 35-9A-426 Remedy after termination. If a rental agreement is terminated, the landlord
has a claim for possession and for rent and a separate claim for actual damages for breach
of the rental agreement and reasonable attorney's fees. (Act 2006-316, p. 668, §1; Act 2011-700,
p. 2154, §1.)...
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35-12A-8
Section 35-12A-8 Sale of abandoned dwelling and personal property. (a) If the tenant does not
respond within the time provided by the manufactured dwelling community owner's notice, or
the tenant does not remove the manufactured dwelling or personal property within 45 days after
responding to the manufactured dwelling community owner or by any other date agreed to with
the manufactured dwelling community owner, whichever is later, the manufactured dwelling community
owner may sell the abandoned manufactured dwelling and personal property as provided in this
section. (b) With regard to the manufactured dwelling, prior to sale, the manufactured dwelling
community owner shall do all of the following: (1) Place a notice to be run once per week
for two consecutive weeks in a newspaper of general circulation in the county in which the
manufactured dwelling is located. The notice shall state all of the following: a. That the
manufactured dwelling is abandoned and will be sold in the manner...
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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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35-9-12
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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35-9A-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-202
Section 35-9A-202 Disclosure. (a) A landlord or any person authorized to enter into a rental
agreement on the landlord's behalf shall disclose to the tenant in writing at or before the
commencement of the tenancy the name and business address of: (1) the person authorized to
manage the premises; and (2) an owner of the premises or a person authorized to act for and
on behalf of the owner for the purpose of service of process and receiving and receipting
for notices and demands. (b) The information required to be furnished by this section shall
be kept current and this section extends to and is enforceable against any successor landlord,
owner, or manager. (c) A person who fails to comply with subsection (a) becomes an agent of
each person who is a landlord for: (1) service of process and receiving and receipting for
notices and demands; and (2) performing the obligations of the landlord under this chapter
and under the rental agreement and expending or making available for the purpose...
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35-9A-405
Section 35-9A-405 Counterclaims for action for possession or rent. (a) In an action for possession
or in an action for rent when the tenant is in possession, the tenant may counterclaim for
any amount the tenant may recover under the rental agreement or this chapter. It is in the
court's discretion whether the tenant is to remain in possession. The tenant shall pay into
court rent accrued and thereafter accruing as it comes due. The court shall determine the
amount due to each party. The party to whom a net amount is owed shall be paid first from
the money paid into court, and the balance by the other party. If no rent remains due after
application of this section, judgment shall be entered for the tenant in the action for possession.
If the defense or counterclaim by the tenant is without merit and is not raised in good faith,
the landlord may recover reasonable attorney's fees. (b) In an action for rent when the tenant
is not in possession, the tenant may counterclaim as provided in...
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35-9A-163
Section 35-9A-163 Prohibited provisions in rental agreements. (a) A rental agreement may not
provide that the tenant: (1) agrees to waive or forego rights or remedies established under
Section 35-9A-204, 35-9A-401, or 35-9A-404, or requirements of security deposits established
by this chapter or under the law of unlawful detainer; (2) authorizes any person to confess
judgment on a claim arising out of the rental agreement; (3) agrees to pay the landlord's
attorney's fees or cost of collection; or (4) agrees to the exculpation or limitation of any
liability of the landlord arising under law or to indemnify the landlord for that liability
or the costs connected therewith. (b) A provision prohibited by subsection (a) included in
a rental agreement is unenforceable. If a landlord seeks to enforce a provision in a rental
agreement containing provisions known by the landlord to be prohibited, the tenant may recover
in addition to actual damages an amount up to one month's periodic rent and...
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35-9A-501
Section 35-9A-501 Retaliatory conduct prohibited. (a) Except as provided in this section, a
landlord may not retaliate by discriminatorily increasing rent or decreasing services or by
bringing or threatening to bring an action for possession because: (1) the tenant has complained
to a governmental agency charged with responsibility for enforcement of a building or housing
code of a violation applicable to the premises materially affecting health and safety; (2)
the tenant has complained to the landlord of a violation under Section 35-9A-204; or (3) the
tenant has organized or become a member of a tenant's union or similar organization. (b) If
a landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided
in Section 35-9A-407 and has a defense in any retaliatory action against the tenant for possession.
(c) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession
if: (1) the violation of the applicable building or housing...
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34-27-100
Section 34-27-100 Definitions. For the purposes of this article, the following terms shall
have the following meanings: (1) ACTUAL INTRODUCTION. a. When the buyer, seller, landlord,
or tenant has been referred to the real estate licensee by the person or entity seeking the
referral fee prior to the time the customer has executed a real estate brokerage services
disclosure form or waived execution in writing or the customer has executed a buyer's agency
agreement, property listing agreement, or a transaction brokerage agreement; or b. For real
estate transactions in which the law of this state does not require the presentation of a
real estate brokerage services disclosure form, when the buyer, seller, landlord, or tenant
has been referred to the real estate licensee by the person or entity seeking the referral
fee prior to any contact between the buyer, seller, landlord, or tenant and the real estate
licensee during which their real estate business has been discussed. (2) INTERFERENCE...
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