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Alabama Landlord Failure to Deliver Possession

According to the Alabama Uniform Residential Landlord and Tenant Act, a tenant residing in Alabama may utilize the following remedies when a landlord fails to deliver possession of the rental property:

Failure to Deliver Possession

If the landlord fails to deliver possession of the dwelling unit to the tenant at the commencement of the term, rent abates until possession is delivered and the tenant may:

  • 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
  • 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.

Note: 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.

Return to Alabama Landlord-Tenant Laws.