Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-203
Landlord to Deliver Possession of Dwelling Unit.
Operative Text
At the commencement of the term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and Section 35-9A-204. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in Section 35-9A-441(c).
Under Alabama Code § 35-9A-203, a landlord is required to hand over the rental unit to the tenant at the start of the lease term in a condition that meets the terms of the rental agreement and the habitability standards set out in § 35-9A-204. If someone else is unlawfully occupying the unit at that time, the landlord has the legal right to pursue a court action to regain possession and seek monetary damages as outlined in § 35-9A-441(c). This provision establishes both an affirmative duty on the landlord's part and a legal remedy when that duty is frustrated by a third party's wrongful occupancy.
Plain English — not legal advice.
Under § 35-9A-203, compliant property operators ensure the rental unit is vacant, accessible, and in the condition required by the rental agreement and § 35-9A-204 on the first day of the lease term. When a prior tenant, holdover occupant, or other party remains in the unit without authorization, operators generally pursue a formal legal action for possession rather than attempting self-help removal. Damages recoverable in such an action are governed by § 35-9A-441(c), making timely documentation of the wrongful occupancy an important operational practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 35-9A-203 gives tenants the right to receive the rental unit at the start of their lease term in a condition consistent with the rental agreement and the habitability requirements of § 35-9A-204. If a landlord fails to deliver possession on time, tenants may have grounds to pursue remedies under the broader Alabama Uniform Residential Landlord and Tenant Act, including potential claims tied to § 35-9A-441(c). Tenants who encounter a delivery-of-possession problem may find it useful to document the situation in writing and consult a local tenant-rights organization to understand available options.
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