Title 35 — Title 35
0 chapters · 835 sections in this title.
Ala. Code § 35-9B-1 Definitions
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For the purposes of this section, the term “dwelling” has the same meaning as provided in Section 13A-7-1. History: (Act 2024-237, §4(a).)
Ala. Code § 35-9B-2 Request for the Removal of an Unauthorized Individual from a Dwelling;
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Affidavit and Notice. (a) The owner of a dwelling or the agent of the owner of a dwelling may request the removal of an unauthorized individual from the dwelling by submitting a sworn affidavit to a law enforcement agency in the county where the dwelling is located containing all…
Ala. Code § 35-9B-3 Verification of Owner; Service of Notice; Identification and Arrest of
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Squatters; Fees. (a) Upon receipt of the affidavit, the law enforcement agency shall verify that the affiant is the record owner of the dwelling or the authorized agent of the owner of the dwelling and appears otherwise entitled to relief. Upon verification and after at least 24 …
Ala. Code § 35-9B-4 Knowingly Providing a False Affidavit to Law Enforcement
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An affiant who knowingly provides a false affidavit to law enforcement pursuant to this chapter may be prosecuted for false reporting to law enforcement authorities pursuant to Section 13A-10-9. History: (Act 2024-237, §4(f).)
Ala. Code § 35-9B-5 Liability of Law Enforcement Officers
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No law enforcement officer, governmental entity, or political subdivision of the state may be held liable for any action or omission made in good faith pursuant to this chapter, to the extent that state immunity provides. A law enforcement officer is not liable to an unauthorized…
Ala. Code § 35-9B-6 Civil Action for Wrongful Removal
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An individual may bring a civil cause of action for wrongful removal under this chapter against the affiant. An individual harmed by a wrongful removal under this chapter may have the possession of the dwelling restored and may recover actual costs and damages incurred, as well a…
Ala. Code § 35-9B-7 Discontinuation of Utility Service; Liability of Utility
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A utility may rely upon or require a writ of possession under Chapter 9 or 9A when discontinuing or refusing to discontinue service at a dwelling, dwelling unit, or premises, and the utility shall not be liable for an action if based upon a writ of possession. History: (Act 2024-…
Ala. Code § 35-9B-8 Construction and Application of Chapter
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This chapter does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, theft, burglary, or other crimes. History: (Act 2024-237, §4(j).)
Ala. Code § 35-9B-9 Relation to Chapters 9 and 9A
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(a) For the purposes of this chapter, the term “squatter” means a person occupying a dwelling who is not entitled to occupy the dwelling under a lease or rental agreement nor authorized by a tenant to occupy the dwelling. The term does not include a tenant who holds over in perio…