In 2007, Alabama’s new landlord tenant law went into effect. Before the new law took effect, landlords had a great deal more freedom to manage their properties as they saw fit. With the adoption of the new law, tenants now have more power in the landlord tenant relationship. One important new protection for tenants is the protection against retaliatory conduct. These new provisions make it important that all landlords discuss their eviction options with a qualified attorney before filing an unlawful detainer with the Court. The Alabama Code states that:

§ 35-9A-501. Retaliatory conduct prohibited.

(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.

While the retaliation provisions of the law do not prevent a landlord from evicting tenants for good cause, the new law does provide tenants with a tool to use in an eviction proceeding if the tenant has made prior complaints about the condition of the property. If the judge finds that a landlord has taken actions in retaliation for a prior complaint, the landlord can be forced to allow the tenant back on the property, or pay the tenant damages in the amount of three months rent or the tenant’s actual damages, whichever is greater and attorney’s fees.