Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-442
Landlord and Tenant Remedies for Abuse of Access.
Operative Text
(a) If a tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement pursuant to Section 35-9A-421. In either case, the landlord may recover actual damages. (b) If a landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes excessive demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement pursuant to Section 35-9A-401. In either case, the tenant may recover actual damages.
Alabama Code § 35-9A-442 establishes a two-way framework governing access disputes between landlords and tenants. When a tenant refuses to allow legally permitted entry, the landlord may seek a court order compelling access or end the tenancy, and may also pursue actual damages in either scenario. Conversely, when a landlord enters unlawfully, enters in an unreasonable manner, or makes excessive entry demands that amount to harassment, the tenant may seek a court order to stop the conduct or terminate the lease, and may likewise recover actual damages.
Plain English — not legal advice.
Under § 35-9A-442, landlords who encounter a tenant's refusal of lawful access have two recognized paths: seeking injunctive relief through the courts to compel entry, or terminating the rental agreement under § 35-9A-421. Compliant operators generally document access requests carefully, follow proper notice procedures, and limit entry demands to what is reasonably necessary—practices that help avoid the 'excessive demands' or 'unreasonable manner' conduct that exposes a landlord to the tenant-side remedies in this same provision. Actual damages may be recoverable in either direction, so maintaining clear records of access-related communications is a common operational practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 35-9A-442 gives tenants explicit protections against unlawful entry, entry carried out in an unreasonable manner, and excessive entry demands that function as harassment. Tenants who believe a landlord has violated this provision may be able to seek injunctive relief to prevent the conduct from recurring, terminate the rental agreement under § 35-9A-401, or pursue actual damages. Tenants navigating these situations often consult a tenant-rights organization or legal aid office to understand which remedies may be available and how local courts have applied this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation