2014 Code of Alabama
Title 35 - PROPERTY.
Chapter 9A - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT.
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 code was caused primarily by lack of reasonable care by the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent;
(2) the tenant is in default in rent;
(3) compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit; or
(4) other material violations of the lease.
(d) The maintenance of an action under subsection (c) does not release the landlord from liability under subsection (b) of Section 35-9A-401.
(Act 2006-316, p. 668, §1.)Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
