Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-501
Retaliatory Conduct Prohibited.
Operative Text
(a) Except as provided in this section, a landlord may not retaliate by discriminatorily increasing rent or decreasing services or by bringing or threatening to bring an action for possession because: (1) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; (2) the tenant has complained to the landlord of a violation under Section 35-9A-204; or (3) the tenant has organized or become a member of a tenant’s union or similar organization. (b) If a landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in Section 35-9A-407 and has a defense in any retaliatory action against the tenant for possession. (c) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if: (1) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent; (2) the tenant is in default in rent; (3) compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit; or (4) other material violations of the lease. (d) The maintenance of an action under subsection (c) does not release the landlord from liability under subsection (b) of Section 35-9A-401.
Alabama Code § 35-9A-501 prohibits landlords from retaliating against tenants who report housing or building code violations to a government agency, complain directly to the landlord about certain habitability issues, or join a tenant organization. Retaliation is defined to include discriminatory rent increases, reduction of services, or filing or threatening eviction proceedings. The law also carves out specific circumstances—such as tenant-caused code violations, nonpayment of rent, or other material lease breaches—under which a landlord may still pursue possession without it being considered retaliation.
Plain English — not legal advice.
Under § 35-9A-501, property owners and managers are generally expected to keep any decisions about rent adjustments, service levels, and eviction proceedings clearly grounded in legitimate, documented business or lease-compliance reasons rather than in a tenant's protected activity. Compliant operators typically maintain records that demonstrate the timing and basis of any rent changes or possession actions are unrelated to a tenant's complaints or organizational activity. When a tenant has engaged in protected conduct, operators should be aware that the burden of demonstrating a non-retaliatory motive may fall on them, and that certain exceptions—such as tenant-caused code violations or rent default—must be well-documented to be relied upon under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35-9A-501 of the Alabama Uniform Residential Landlord and Tenant Act gives tenants protection against rent hikes, service reductions, or eviction threats that follow protected activities like reporting code violations, complaining about habitability, or joining a tenant organization. If a landlord takes such action, § 35-9A-501(b) provides that a tenant may assert retaliation as a defense in any eviction proceeding and may also pursue the remedies outlined in § 35-9A-407. Tenants who believe they are experiencing retaliation may consider documenting the timeline of events, contacting a local tenant-rights organization, or consulting with a housing attorney to understand the options available under 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.
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