Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-405
Counterclaims for Action for Possession or Rent.
Operative Text
(a) In an action for possession or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount the tenant may recover under the rental agreement or this chapter. It is in the court’s discretion whether the tenant is to remain in possession. The tenant shall pay into court rent accrued and thereafter accruing as it comes due. The court shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit and is not raised in good faith, the landlord may recover reasonable attorney’s fees. (b) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (a) but is not required to pay any rent into court.
Alabama Code § 35-9A-405 establishes a mechanism by which tenants facing a landlord's lawsuit for possession or unpaid rent can bring their own claims against the landlord within the same court proceeding. When a tenant is still in possession of the unit, the court may require the tenant to deposit accruing rent into the court registry while the case proceeds, and the judge then calculates what each side owes the other. If the tenant's counterclaim or defense is found to lack merit and was not raised in good faith, the landlord may be awarded reasonable attorney's fees.
Plain English — not legal advice.
Under § 35-9A-405, landlords pursuing an eviction or rent-collection action should be aware that tenants are permitted to raise counterclaims within the same proceeding, which can offset or eliminate any judgment for unpaid rent. Compliant operators generally keep thorough records of rent payments received, maintenance requests addressed, and any communications with tenants, since those records become relevant when a counterclaim is filed. If a tenant's counterclaim is ultimately found to be without merit and in bad faith, § 35-9A-405 allows the landlord to seek recovery of reasonable attorney's fees from the court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 35-9A-405 of the Alabama Uniform Residential Landlord and Tenant Act gives tenants the right to assert counterclaims—such as claims for habitability violations or other breaches of the rental agreement—directly within a landlord's lawsuit for possession or rent, rather than having to file a separate case. When a tenant is still living in the unit, the court has discretion over whether the tenant may remain there during the proceedings, and the tenant may be required to pay ongoing rent into the court registry as it comes due. Tenants who believe they have valid claims under the rental agreement or this chapter may wish to consult a tenant-rights organization or legal aid provider familiar with § 35-9A-405 to understand the 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.
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