Current as of January 01, 2019 | Updated by FindLaw Staff
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(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.
Cite this article: FindLaw.com - Alabama Code Title 35. Property § 35-9A-501 - last updated January 01, 2019 | https://codes.findlaw.com/al/title-35-property/al-code-sect-35-9a-501/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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