Alabama § 35-9A-402 - Failure to Deliver Possession.
Full text of Alabama Code of Alabama § 35-9A-402 — Failure to Deliver Possession., with citation guidance and answers to common questions.
§ 35-9A-402. Failure to Deliver Possession.
(a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in Section 35-9A-203, rent abates until possession is delivered and the tenant may:
(1) 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
(2) 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.
(b) 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.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 35-9A-402
What does Code of Alabama § 35-9A-402 cover?
Section 35-9A-402 ("Failure to Deliver Possession.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 35-9A-402?
A common citation format is "Code of Alabama § 35-9A-402" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 35-9A-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.