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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-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-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-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-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-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-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-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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35-9A-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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35-12A-1
Section 35-12A-1 Definitions. (1) ABANDONED MANUFACTURED DWELLING. A manufactured dwelling
that satisfies either of the following circumstances: a. A tenant is absent from the premises
of the manufactured dwelling following expiration of 30 days after default, termination, or
expiration of the lease agreement. b. A tenant is absent from the premises of the manufactured
dwelling continuously for 30 days after service of a court order requiring the tenant to vacate
the premises due to failure of the tenant to perform obligations of the lease. (2) MANUFACTURED
DWELLING COMMUNITY OWNER. Any individual or business entity that, for consideration, allows
another individual to place a residential trailer, mobile home, or manufactured dwelling on
land owned or leased by that individual or business entity. (3) MANUFACTURED DWELLING. A residential
trailer, mobile home, or manufactured home. (4) RENTAL FEE. The actual rent charged to the
tenant including utilities, maintenance charges, and any...
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