2009 Alabama Code :: Title 35 — PROPERTY. :: Chapter 9A — UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT. :: Section 35-9A-423 Remedies for absence, nonuse, and abandonment. (2024)

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What is the Alabama Code Title 35 Chapter 9A? ›

(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.

Unless otherwise agreed, a tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of 14 days no later than the fifth day of the extended absence. (Act 2006-316, p. 668, §1.)

Wrongful failure to make available heat, water, hot water, or essential services.

(1) If the tenant should fail to make any payments determined to be properly payable as they become due under this subsection, upon motion, the court shall issue a writ of restitution or possession and the landlord shall be placed in full possession of the premises.

(Ala. Code § 35-9A-164 (2022).) Tenants should put their requests in writing and deliver the notice to the landlord, giving the landlord 14 days to accomplish the repair (or less, if it's an emergency). If the landlord does not make the repairs, tenants can move out without responsibility for future rent.

In Alabama, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, the landlord must first terminate the tenancy by giving the tenant proper notice to move out (30 calendar days' for tenants that pay month-to-month).

“If the landlord fails act within 14 days and repair that issue. Make sure the person has air conditioning then the tenant can be released from their lease by law,” Riley said.

According to the Alabama landlord-tenant laws, the Alabama Code, and the Fair Housing Act, tenants are protected from any kind of discrimination against them based on their race, sex, religion, color, nationality, disability, and others.

Section 35-9A-301 - Tenant to Maintain Dwelling Unit. Tenant to maintain dwelling unit. (7) conduct himself or herself and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb the neighbors' peaceful enjoyment of the premises.

§ 35-9A-164. Payment of rent prerequisite to enforcing remedies under this chapter. The tenant may not withhold payment of rent to the landlord, while in possession, to enforce any of the tenant's rights under this chapter.

What is the Alabama Code 35 9A 105? ›

(a) The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages; provided, the duty of a landlord shall not take priority over the landlord's right to first rent other vacant units.

(c) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month.

(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.

Section 35-12A-1 - Definitions (1) ABANDONED MANUFACTURED DWELLING. A manufactured dwelling that satisfies either of the following circ*mstances: 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.

Any person, firm, hospital authority, or corporation operating a hospital in this state shall have a lien for all reasonable charges for hospital care, treatment, and maintenance of an injured person who entered such hospital within one week after receiving such injuries, upon any and all actions, claims, counterclaims ...

If, after written request the landlord fails to make necessary repairs, you may terminate the lease and move without penalty. If you want to stay you can sue the landlord to force them to make repairs. You can also move out and sue the landlord for damages.

Non-renewal of the lease after the rental period ends

In Alabama, landlords cannot evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.

To terminate the lease, the landlord must first give the tenant notice. In Alabama, the landlord is required to give a seven-day notice in all of these situations. However, the tenant's options will vary depending on the reason they are receiving the notice.

2. Alabama. One of the most landlord-friendly states to buy a rental property in, Alabama, does not require any rental licensing, and the property tax is just 0.48%. In addition, there are no limits to deposits or late fees, so any reasonable amount can be demanded in the lease terms.

If you have a 30-day lease, you can end it by giving the landlord 30 days notice that you are going to move. You should put the notice in writing. Date it and sign it. Be sure to keep a copy of the notice.

What is the 7 day notice to quit in Alabama? ›

An Alabama seven (7) day notice to quit allows a landlord to submit notice that rent is late to a tenant. If payment is not made within the 7-day period, the lessee will be required to either leave the property or face an eviction filing against them (known as an “Unlawful Detainer”).

See Ala. Code § 35-9A-422. Utilities – The Act requires landlords to keep in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other appliances that are supplied or required to be supplied by a landlord.

Generally speaking, the average installation will take anywhere from four to eight hours, which means the process of removing the old unit and being able to turn on the new one should be finished within a day.

Landlord Responsibilities Regarding Pests in Alabama

Alabama landlords have to exterminate pest infestations that could affect health or safety on the property – such as roaches, mice, bed bugs, or ants – unless the renter's lack of cleanliness created the issue.

Landlord harassment is when the landlord creates conditions that are designed to encourage the tenant to break the lease agreement or otherwise abandon the rental property that he or she is currently occupying.

In Alabama, landlords can raise the rent by any amount that they wish. There is no legal limit or cap on the amount of a rent increase.

The implied warranty of habitability is the legal principle that landlords must provide tenants with a safe and livable home. This means they must take all necessary steps to prevent pest infestations and take care of existing problems.

A unit owner providing a certificate pursuant to subsection (a) is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.

No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer or fireman invested by law with authority to direct, control or regulate traffic.

Upon the filing of any petition for a sale for division of any property, real or personal, held by joint owners or tenants in common, the court shall provide for the purchase of the interests of the joint owners or tenants in common filing for the petition or any others named therein who agree to the sale by the other ...

What is Alabama Code 32 9A 2? ›

Terms Used In Alabama Code 32-9A-2. Arrest: Taking physical custody of a person by lawful authority.

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(1) No person shall operate a vehicle in excess of 30 miles per hour in any urban district. (2)a. No person shall operate a motor vehicle in excess of 35 miles per hour on any unpaved road.

Section 94 Municipalities not to grant public money or lend credit to private persons or corporations.

An Alabama month-to-month lease agreement is a rental contract with no end date and allows either the landlord or tenant to cancel with 30 days' notice. The agreement follows all State laws the same as a standard lease, although it has the option to be terminated with short notice.

Alabama Landlord Responsibilities

Landlords in Alabama are responsible for maintaining a habitable domicile and providing repairs in a timely manner when required. If they do not, tenants can make repairs and deduct the cost from future rent payments. However, tenants are not permitted to unilaterally withhold rent.

Revocation of release – Violation of condition of release. (a) A person who has been conditionally released pursuant to this subpart and who has violated a condition of release, shall be subject to revocation of release and, in addition, may be prosecuted for contempt of court.

Section 13A-6-22 - Assault in the third degree (a) A person commits the crime of assault in the third degree if: (1) With intent to cause physical injury to another person, he causes physical injury to any person; or (2) He recklessly causes physical injury to another person; or (3) With criminal negligence he causes ...

A person commits the crime of unlawful imprisonment in the first degree if he/she restrains another person under circ*mstances which expose the latter to a risk of serious physical injury. (2) The defendant did so under circ*mstances which exposed that person, [name], to a risk of serious physical injury.

Section 35-15-30 - Removal of guest from recreational vehicle park for certain conduct (a) As used in this section, the term recreational vehicle park means a place set aside and offered by a person, for direct or indirect remuneration of the owner, lessor, or operator of the place, for the parking, accommodation, or ...

Unless otherwise agreed, a tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of 14 days no later than the fifth day of the extended absence. (Act 2006-316, p. 668, §1.)

Can a property be land locked in Alabama? ›

But from time to time these situations can be problematic since the adjoining landowner is not bound by any written agreement. The state of Alabama has a law that says you can't “land lock” your neighbor. That is, deny them physical access.

(a) The theft of property which exceeds two thousand five hundred dollars ($2,500) in value, or property of any value taken from the person of another, constitutes theft of property in the first degree. (b) The theft of a motor vehicle, regardless of its value, constitutes theft of property in the first degree.

(1) If the tenant should fail to make any payments determined to be properly payable as they become due under this subsection, upon motion, the court shall issue a writ of restitution or possession and the landlord shall be placed in full possession of the premises.

Every motor vehicle not more than 35 model years old, which is domiciled in Alabama and is required to be registered in Alabama, is required to have an Alabama certificate of title.

In Alabama, the homeowner, as well as any other party that has an interest in the property (think second mortgage, ex-wife, contractor with a lien on the property) may redeem the property for a period of either 180 days or one year, depending on when the foreclosed mortgage was executed.

In Alabama, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including damage to vehicles), it must be filed within six years, according to Code of Alabama section 6-2-34.

(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.

Alabama Code section 35-11-370 creates a hospital lien. This statute grants hospitals an automatic lien on a patient's judgment or settlement arising from injuries for which the hospital treated the patient within a week of being injured.

(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.

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 ...

What is Section 35 9A 164 Code of Alabama? ›

Current through Act 127 of the 2023 Regular Session. The tenant may not withhold payment of rent to the landlord, while in possession, to enforce any of the tenant's rights under this chapter.

Any person, firm, hospital authority, or corporation operating a hospital in this state shall have a lien for all reasonable charges for hospital care, treatment, and maintenance of an injured person who entered such hospital within one week after receiving such injuries, upon any and all actions, claims, counterclaims ...

(c) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month.

Section 35-9-15 - Responsibility for a Tenant's Delinquent Bill for Goods or Services.

Section 35-12A-1 - Definitions (1) ABANDONED MANUFACTURED DWELLING. A manufactured dwelling that satisfies either of the following circ*mstances: 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.

In Alabama, landlords cannot evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.

Personal Representative. This is the individual (you) appointed by the Probate Court and charged with the responsibility of collecting the assets of the Decedent, paying all proper obligations and distributing the remaining assets to the heirs. administered in this proceeding.

A Writ of Possession is an order from the Court which has previously made a ruling in favor of a landlord in an eviction case. The Writ directs the constable to seize or take control of the premises subject to the order and turn it over into the landlord's possession.