Alabama Complaint regarding double rent damages for holdover

State:
Multi-State
Control #:
US-01621
Format:
Word; 
Rich Text
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Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

§ 35-9A-441. (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.

Property § 35-9A-423. (a) If a rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 14 days pursuant to Section 35-9A-304 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.

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 ...

(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.

Section 35-9A-163 - Prohibited 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 ...

(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.

Section 35-9A-164 - Payment of Rent Prerequisite to Enforcing Remedies Under This Chapter. 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.

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.

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Alabama Complaint regarding double rent damages for holdover