What rights does a landlord have to enter my rental unit and turn off utility services?
Full Question:
I am late on my rent my landlord has entered my rental home more then 3 times in one week she has turn my breaker off as well as my hotwater heater and dryer she has sent me sevreral disrespectful text messages she also has put a lock box out on the porch with a key to the house because she has put it on the market for sale. Do I have any rights because she is violating my privacy.
06/03/2017 |
Category: Landlord Tenant |
State: Alabama |
#38597
Answer:
Alabama Statutes
Title 35. PROPERTY
Chapter 9A. UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
Article 2. Landlord obligations
Current through Act 340 of the 2017 Legislative Session
§ 35-9A-204. Landlord to maintain premises
(a) A landlord shall:
Title 35. PROPERTY
Chapter 9A. UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
Article 2. Landlord obligations
Current through Act 340 of the 2017 Legislative Session
§ 35-9A-204. Landlord to maintain premises
(a) A landlord shall:
(1) comply with the requirements of applicable building and housing codes materially affecting health and safety;
(2) make all repairs and do whatever is necessary to put and keep the premises in a habitable condition;
(3) keep all common areas of the premises in a clean and safe condition;
(4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
(5) provide and maintain appropriate receptacles and conveniences for the removal of garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and
(6) supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
(2) make all repairs and do whatever is necessary to put and keep the premises in a habitable condition;
(3) keep all common areas of the premises in a clean and safe condition;
(4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
(5) provide and maintain appropriate receptacles and conveniences for the removal of garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and
(6) supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
(b) If the duty imposed by subdivision (1) of subsection (a) is greater than any duty imposed by any other subdivision of that subsection, the landlord's duty shall be determined by reference to subdivision (1) of subsection (a).
(c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in subdivisions (5) and (6) of subsection (a) and also specified repairs, maintenance tasks, alterations, and remodeling.
(d) The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:
(c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in subdivisions (5) and (6) of subsection (a) and also specified repairs, maintenance tasks, alterations, and remodeling.
(d) The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:
(1) the agreement of the parties is set forth in a separate writing signed by the parties and supported by adequate consideration;
(2) the work is not necessary to cure noncompliance with subdivision (1) of subsection (a); and
(3) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
(2) the work is not necessary to cure noncompliance with subdivision (1) of subsection (a); and
(3) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
(e) The landlord may not treat performance of the separate agreement described in subsection (d) as a condition to any obligation or performance of any rental agreement.
(f) 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.
Cite as Ala. Code § 35-9A-204 (1975)
Alabama Statutes
Title 35. PROPERTY
Chapter 9A. UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
Article 3. Tenant Obligations
Current through Act 340 of the 2017 Legislative Session
§ 35-9A-303. Access
(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
(b) A landlord may enter the dwelling unit without consent of the tenant only in the following circumstances:
(f) 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.
Cite as Ala. Code § 35-9A-204 (1975)
Alabama Statutes
Title 35. PROPERTY
Chapter 9A. UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
Article 3. Tenant Obligations
Current through Act 340 of the 2017 Legislative Session
§ 35-9A-303. Access
(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
(b) A landlord may enter the dwelling unit without consent of the tenant only in the following circumstances:
(1) In case of emergency.
(2) Pursuant to court order.
(3) As permitted by Sections 35-9A-422 and 35-9A-423(b).
(4) At reasonable times and with prior notice as provided in subsection (c), to show the premises to a prospective tenant or purchaser, if a landlord provides the tenant separate from the rental agreement a general notice signed by the tenant for the right to access for such a purpose within four months of the expiration of the rental agreement, and only in the company of a prospective tenant or purchaser.
(5) When the landlord has reasonable cause to believe the tenant has abandoned or surrendered the premises.
(2) Pursuant to court order.
(3) As permitted by Sections 35-9A-422 and 35-9A-423(b).
(4) At reasonable times and with prior notice as provided in subsection (c), to show the premises to a prospective tenant or purchaser, if a landlord provides the tenant separate from the rental agreement a general notice signed by the tenant for the right to access for such a purpose within four months of the expiration of the rental agreement, and only in the company of a prospective tenant or purchaser.
(5) When the landlord has reasonable cause to believe the tenant has abandoned or surrendered the premises.
(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except as provided in this section or unless it is impracticable to do so, the landlord may show the premises at any reasonable time by giving the tenant at least two days' notice of the landlord's intent to enter and may enter only at reasonable times. Posting of a note on the primary door of entry to the residence of the tenant stating the intended time and purpose of the entry shall be a permitted method of notice for the purpose of the landlord's right of access to the premises.
(d) If a landlord provides separate from the lease in a general notice or an advance schedule in excess of two days for repairs, maintenance, pest control, or for service relating to health or safety, whether such notice is for a specific time or within a designated time period, then no additional day's notice is required to access the premises. A tenant may consent to provide a landlord with access to the premises with less than two days' notice.
(e) If a tenant requests repairs or maintenance or improvements to a dwelling unit, the tenant shall be deemed to have granted consent to the landlord to enter into the dwelling unit and make the repairs, maintenance, or improvements as requested by the tenant.
Cite as Ala. Code § 35-9A-303 (1975)
Alabama Statutes
Title 35. PROPERTY
Chapter 9A. UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
Article 2. Landlord obligations
Current through Act 340 of the 2017 Legislative Session
§ 35-9A-202. Disclosure
(a) A landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and business address of:
(d) If a landlord provides separate from the lease in a general notice or an advance schedule in excess of two days for repairs, maintenance, pest control, or for service relating to health or safety, whether such notice is for a specific time or within a designated time period, then no additional day's notice is required to access the premises. A tenant may consent to provide a landlord with access to the premises with less than two days' notice.
(e) If a tenant requests repairs or maintenance or improvements to a dwelling unit, the tenant shall be deemed to have granted consent to the landlord to enter into the dwelling unit and make the repairs, maintenance, or improvements as requested by the tenant.
Cite as Ala. Code § 35-9A-303 (1975)
Alabama Statutes
Title 35. PROPERTY
Chapter 9A. UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
Article 2. Landlord obligations
Current through Act 340 of the 2017 Legislative Session
§ 35-9A-202. Disclosure
(a) A landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and business address of:
(1) the person authorized to manage the premises; and
(2) an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.
(2) an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.
(b) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager.
(c) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for:
(c) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for:
(1) service of process and receiving and receipting for notices and demands; and
(2) performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises.
(2) performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises.
Cite as Ala. Code § 35-9A-202 (1975)
Alabama Statutes
Title 35. PROPERTY
Chapter 9A. UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
Article 1. General Provisions and Definitions
Division 4. General Provisions
Current through Act 340 of the 2017 Legislative Session
§ 35-9A-164. 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.
Cite as Ala. Code § 35-9A-164 (1975)
Alabama Statutes
Title 35. PROPERTY
Chapter 9A. UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
Article 2. Landlord obligations
Current through Act 340 of the 2017 Legislative Session
§ 35-9A-205. Limitation of liability
(a) Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance. However, the landlord remains liable to the tenant for all security recoverable by the tenant under Section 35-9A-201 and all prepaid rent.
(b) Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of management by the manager.
Cite as Ala. Code § 35-9A-205 (1975)
Alabama Statutes
Title 35. PROPERTY
Chapter 9A. UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
Article 1. General Provisions and Definitions
Division 4. General Provisions
Current through Act 340 of the 2017 Legislative Session
§ 35-9A-164. 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.
Cite as Ala. Code § 35-9A-164 (1975)
Alabama Statutes
Title 35. PROPERTY
Chapter 9A. UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
Article 2. Landlord obligations
Current through Act 340 of the 2017 Legislative Session
§ 35-9A-205. Limitation of liability
(a) Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance. However, the landlord remains liable to the tenant for all security recoverable by the tenant under Section 35-9A-201 and all prepaid rent.
(b) Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of management by the manager.
Cite as Ala. Code § 35-9A-205 (1975)
