reglab/housing_qa huggingface dataset:
AL Code § 35-9-64 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9 - Landlord and Tenant.|Article 2 - Liens of Landlord.|Division 2 - Liens for Rent of Buildings.|Section 35-9-64 - Law Governing Proceedings.

Section 35-9-64Law governing proceedings. The law governing the issue, levy, trial, and other proceedings in attachment proceedings in general, not inconsistent with the provisions of this division, shall govern in all cases arising under this division. (Code 1886, §3073; Code 1896, §2720; Code 1907, §4751; Code 1923, §8818; Code 1940, T. 31, §33.)
AL Code § 35-9-65 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9 - Landlord and Tenant.|Article 2 - Liens of Landlord.|Division 2 - Liens for Rent of Buildings.|Section 35-9-65 - Lien, Rights, and Remedies Vested in Assignee of Claim for Rent.

Section 35-9-65Lien, rights, and remedies vested in assignee of claim for rent. The lien provided in this division shall vest in any assignee of the claim for rent; and such assignee shall be invested with all the rights of the landlord, and entitled to all his remedies for their enforcement. (Code 1886, §3074; Code 1896, §2721; Code 1907, §4752; Code 1923, §8819; Code 1940, T. 31, §34.)
AL Code § 35-9A-101 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 1 - Short Title, Construction, Application and Subject Matter of the Chapter.|Section 35-9A-101 - Short Title.

Section 35-9A-101Short title. This chapter shall be known and may be cited as the "Alabama Uniform Residential Landlord and Tenant Act." (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-102 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 1 - Short Title, Construction, Application and Subject Matter of the Chapter.|Section 35-9A-102 - Purposes; Rules of Construction.

Section 35-9A-102Purposes; rules of construction. (a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) Underlying purposes and policies of this chapter are: (1) to simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants; (2) to encourage landlords and tenants to maintain and improve the quality of housing; and (3) to make uniform the law with respect to the subject of this chapter among those states which enact it. (c) This chapter shall be construed as applying only to the residential landlord and tenant relationship. The chapter does not create any duties in tort or causes of action in tort, nor does it deprive anyone of any causes of action in tort that may exist apart from this chapter. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-103 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 1 - Short Title, Construction, Application and Subject Matter of the Chapter.|Section 35-9A-103 - Supplementary Principles of Law Applicable.

Section 35-9A-103Supplementary principles of law applicable.  Unless displaced by the provisions of this chapter, the principles of law and equity, including, but not limited to, the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement its provisions. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-104 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 1 - Short Title, Construction, Application and Subject Matter of the Chapter.|Section 35-9A-104 - Construction Against Implicit Repeal.

Section 35-9A-104Construction against implicit repeal. This chapter being a general act intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-105 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 1 - Short Title, Construction, Application and Subject Matter of the Chapter.|Section 35-9A-105 - Administration of Remedies; Enforcement.

Section 35-9A-105Administration of remedies; enforcement.  (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. (b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-106 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 1 - Short Title, Construction, Application and Subject Matter of the Chapter.|Section 35-9A-106 - Settlement of Disputed Claim or Right.

Section 35-9A-106Settlement of disputed claim or right. A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-107 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 1 - Short Title, Construction, Application and Subject Matter of the Chapter.|Section 35-9A-107 - Notice Requirement.

Section 35-9A-107Notice requirement. A cause of action or civil complaint initiated pursuant to this chapter is not subject to the notice requirement of subsection (j) of Section 34-27-31. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-121 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 2 - Scope and Jurisdiction.|Section 35-9A-121 - Territorial Application.

Section 35-9A-121Territorial application. This chapter applies to and is the exclusive remedy to regulate and determine rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. No resolution or ordinance relative to residential landlords, rental housing codes, or the rights and obligations governing residential landlord and tenant relationships shall be enacted or enforced by any county or municipality, and any such resolution or ordinance enacted both prior to or after January 1, 2007, is superseded by this chapter. Notwithstanding these provisions, a county or municipality may enact and enforce building codes, health codes, and other general laws that affect rental property provided that such codes equally affect similarly situated owner-occupied residential property. (Act 2006-316, p. 668, §1; Act 2009-633, p. 1939, §1.)
AL Code § 35-9A-122 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 2 - Scope and Jurisdiction.|Section 35-9A-122 - Exclusions From Application of Chapter.

Section 35-9A-122Exclusions from application of chapter.  Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: (1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service; (2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the interest of the purchaser; (3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (4) transient occupancy in a hotel, motel, or lodgings; (5) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises; (6) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; (7) occupancy under a rental agreement covering premises rented by the occupant primarily for agricultural purposes; (8) continuation of occupancy by the seller or a member of the seller's family for a period of not more than 36 months after the sale of a dwelling unit or the property of which it is a part. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-123 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 2 - Scope and Jurisdiction.|Section 35-9A-123 - Jurisdiction and Service of Process.

Section 35-9A-123Jurisdiction and service of process. (a) The district and circuit courts of this state, according to their respective established jurisdictions, may exercise jurisdiction over any landlord with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in the court by the service of process in the manner provided by this section. (b) If a landlord is not a resident of this state or is a business entity not authorized to do business in this state and engages in any conduct in this state governed by this chapter, or engages in a transaction subject to this chapter, the entity may be served as provided by Rule 4 of the Alabama Rules of Civil Procedure. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-142 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 3 - General Definitions and Principles of Intrepretation: Notice.|Section 35-9A-142 - Obligation of Good Faith.

Section 35-9A-142Obligation of good faith. Every agreement and duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-143 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 3 - General Definitions and Principles of Intrepretation: Notice.|Section 35-9A-143 - Unconscionability.

Section 35-9A-143Unconscionability. (a) If the court, as a matter of law, finds: (1) a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or (2) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. (b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-144 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 3 - General Definitions and Principles of Intrepretation: Notice.|Section 35-9A-144 - Notice.

Section 35-9A-144Notice. (a) A person has notice of a fact if: (1) the person has actual knowledge of it; (2) the person has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, the person has reason to know that it exists. (b) A person "knows" or "has knowledge" of a fact if the person has actual knowledge of it. (c) A person "notifies" or "gives" a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person presumatively "receives" a notice or notification when: (1) it comes to the person's attention; (2) in the case of the landlord, it is delivered at the place of business of the landlord or mailed to any place designated by the landlord as the place for receipt of the communication; or (3) in the case of the tenant, it is delivered in hand to the tenant or three days after mailing with adequate prepaid postage in the United States mail to the tenant's last known place of residence. (d) "Notice," knowledge of a notice, or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the organization. (e) Notice provided in this section does not apply to the notice required to terminate a tenancy or evict a tenant. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-161 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 4 - General Provisions.|Section 35-9A-161 - Terms and Conditions of Rental Agreement.

Section 35-9A-161Terms and conditions of rental agreement. (a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. (b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit. (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. Unless otherwise agreed, rent is uniformly apportionable from day-to-day. (d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case of a tenant who pays weekly rent, and in all other cases month-to-month. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-162 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 4 - General Provisions.|Section 35-9A-162 - Effect of Unsigned or Undelivered Rental Agreement.

Section 35-9A-162Effect of unsigned or undelivered rental agreement. (a) If a landlord does not sign and deliver a written rental agreement signed and delivered to the landlord by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord. (b) If a tenant does not sign and deliver a written rental agreement signed and delivered to the tenant by the landlord, acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant. (c) If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective for only one year. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-163 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 4 - General Provisions.|Section 35-9A-163 - Prohibited Provisions in Rental Agreements.

Section 35-9A-163Prohibited provisions in rental agreements. (a) A rental agreement may not provide that the tenant: (1) agrees to waive or forego rights or remedies established under Section 35-9A-204, 35-9A-401, or 35-9A-404, or requirements of security deposits established by this chapter or under the law of unlawful detainer; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to pay the landlord's attorney's fees or cost of collection; or (4) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith. (b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord seeks to enforce a provision in a rental agreement containing provisions known by the landlord to be prohibited, the tenant may recover in addition to actual damages an amount up to one month's periodic rent and reasonable attorney's fees. (Act 2006-316, p. 668, §1; Act 2011-700, p. 2154, §1.)
AL Code § 35-9A-164 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 1 - General Provisions and Definitions.|Division 4 - General Provisions.|Section 35-9A-164 - Payment of Rent Prerequisite to Enforcing Remedies Under This Chapter.

Section 35-9A-164Payment 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. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-401 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 4 - 35-9a-461|Division 1 - Tenant Remedies.|Section 35-9A-401 - Noncompliance by the Landlord.

Section 35-9A-401Noncompliance 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 family, a licensee, or other person on the premises with the tenant's consent. (b) Except as provided in this chapter, the tenant may recover actual damages and reasonable attorney fees and obtain injunctive relief for noncompliance by the landlord with the rental agreement or Section 35-9A-204.  (c) The remedy provided in subsection (b) is in addition to any right of the tenant arising under subsection (a). (d) 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. (Act 2006-316, p. 668, §1; Act 2011-700, p. 2154, §1.)
AL Code § 35-9A-402 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 4 - 35-9a-461|Division 1 - Tenant Remedies.|Section 35-9A-402 - Failure to Deliver Possession.

Section 35-9A-402Failure 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.)
AL Code § 35-9A-404 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 4 - 35-9a-461|Division 1 - Tenant Remedies.|Section 35-9A-404 - Wrongful Failure to Make Available Heat, Water, Hot Water, or Essential Services.

Section 35-9A-404Wrongful 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 the tenant proceeds under this section, the tenant may not proceed under Section 35-9A-401 as to that breach. (d) Rights of the tenant under this section do not arise if the condition was caused by the willful or negligent act or omission of the tenant, a member of the tenant's family, a licensee, or other person on the premises with the tenant's consent. (Act 2006-316, p. 668, §1.)
AL Code § 35-9A-405 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 9A - Uniform Residential Landlord and Tenant Act.|Article 4 - 35-9a-461|Division 1 - Tenant Remedies.|Section 35-9A-405 - Counterclaims for Action for Possession or Rent.

Section 35-9A-405Counterclaims for action for possession or rent. (a) In an action for possession or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount the tenant may recover under the rental agreement or this chapter. It is in the court's discretion whether the tenant is to remain in possession. The tenant shall pay into court rent accrued and thereafter accruing as it comes due. The court shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit and is not raised in good faith, the landlord may recover reasonable attorney's fees. (b) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (a) but is not required to pay any rent into court. (Act 2006-316, p. 668, §1.)