|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-404.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-423.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-407.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-401.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-202.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-303.htm - 2K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-422.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-141.htm - 4K - Match Info - Similar pages
35-11-454
Section 35-11-454 Release, etc., of lien. (a) Whenever a notice of lien has been filed with
the office of the judge of probate and a condition occurs that would preclude the broker from
receiving compensation under the terms of the broker's written agreement, the broker shall
record a written release or satisfaction of the lien, in the appropriate records of the office
of the judge of probate and shall furnish a copy of the recorded release or satisfaction to
the owner. (b) Upon written demand of the owner, lienee, or authorized agent served on the
broker claiming the lien requiring that suit be commenced to enforce the lien or answer be
filed in a pending suit, a suit shall be commenced or answer filed in a pending suit, within
60 days thereafter, or the lien shall be extinguished. Service of such demand shall be in
the manner provided by the Alabama Rules of Civil Procedure for the service of a summons and
complaint. (c) Whenever a notice of lien has been timely filed in the office...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-454.htm - 2K - Match Info - Similar pages
40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-27-1.htm - 42K - Match Info - Similar pages
|