Alabama Tenant's Answer to Eviction Complaint with Defenses, Counterclaims, and Jury Demand

ANSWER, AFFIRMATIVE DEFENSES, COUNTERCLAIMS, AND JURY DEMAND OF DEFENDANT-TENANT — ALABAMA

TABLE OF CONTENTS

1. Caption
2. General Denials and Admissions
3. Response to Specific Paragraphs
4. Affirmative Defenses
5. Counterclaims
6. Prayer for Relief
7. Demand for Jury Trial
8. Reservation of Rights
9. Verification
10. Signature Block
11. Certificate of Service
12. Exhibit List
13. Alabama Practice Notes for Tenants
14. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, ALABAMA

CIVIL ACTION FILE NO. [________________________________]

ANSWER, AFFIRMATIVE DEFENSES, COUNTERCLAIMS, AND DEMAND FOR JURY TRIAL OF DEFENDANT [TENANT NAME]

COMES NOW Defendant [TENANT FULL LEGAL NAME] ("Tenant"), by and through undersigned counsel (or pro se), and answers Plaintiff's Complaint as follows:

2. GENERAL DENIALS AND ADMISSIONS

2.1. Tenant denies each and every allegation in the Complaint not expressly admitted herein and demands strict proof thereof.

2.2. Tenant admits that Tenant occupies the premises identified in the Complaint as the dwelling unit at [________________________________].

2.3. Tenant admits / denies [as appropriate] that a rental agreement exists between the parties.

2.4. Tenant denies any allegation that Tenant has materially breached the rental agreement or AURLTA, except as may be expressly admitted below.

2.5. Tenant denies that the predicate notice attached to the Complaint as Exhibit B is legally sufficient.

2.6. Tenant denies Plaintiff's right to possession.

3. RESPONSE TO SPECIFIC PARAGRAPHS

3.1. As to ¶ 1 of the Complaint: ☐ admitted ☐ denied ☐ lack knowledge — denied [explain: ____________]

3.2. As to ¶ 2 of the Complaint: ☐ admitted ☐ denied ☐ lack knowledge — denied [explain: ____________]

3.3. As to ¶ 3 of the Complaint: ☐ admitted ☐ denied ☐ lack knowledge — denied [explain: ____________]

3.4. As to ¶ 4 of the Complaint: ☐ admitted ☐ denied ☐ lack knowledge — denied [explain: ____________]

3.5. As to ¶ 5 of the Complaint: ☐ admitted ☐ denied ☐ lack knowledge — denied [explain: ____________]

[Continue paragraph-by-paragraph response as needed.]

4. AFFIRMATIVE DEFENSES

For affirmative defenses, Tenant pleads as follows. Tenant reserves the right to assert additional defenses as discovery proceeds.

4.1. FIRST AFFIRMATIVE DEFENSE — Defective Predicate Notice

Plaintiff's Complaint fails because the predicate notice required by Ala. Code § 35-9A-421 (or § 35-9A-441) is defective in one or more of the following respects:

(a) The notice failed to specify the acts and omissions constituting the alleged breach with the particularity required by § 35-9A-421(a);

(b) The notice provided fewer days than required by statute (7 days for nonpayment, 14 days for material noncompliance, 30 days for month-to-month termination, 7 days for week-to-week termination);

(c) The notice was not properly served under § 35-9A-161;

(d) The termination date in a § 35-9A-441(a) month-to-month notice was not aligned to a periodic rental date occurring at least 30 days after receipt;

(e) The notice demanded amounts that are not "rent" within the meaning of the rental agreement and AURLTA, including disputed maintenance charges, fees not authorized by the lease, or sums already paid;

(f) The notice was issued by an unauthorized person.

4.2. SECOND AFFIRMATIVE DEFENSE — Breach of Warranty of Habitability (§ 35-9A-204)

Plaintiff has materially breached its statutory and common-law obligation under Ala. Code § 35-9A-204 to maintain the premises in a habitable condition by failing to: ☐ comply with applicable building and housing codes materially affecting health and safety; ☐ make repairs and keep the dwelling unit habitable; ☐ keep common areas safe and clean; ☐ maintain electrical, plumbing, sanitary, heating, ventilating, and air-conditioning facilities in good and safe working order; ☐ provide running water and reasonable amounts of hot water and reasonable heat; ☐ other [_______________________]. Specific conditions include:

[____________________________________________________________]

[____________________________________________________________]

Tenant gave Plaintiff written notice of these conditions on [__/__/____] (Exhibit ____) and Plaintiff failed to remedy them within a reasonable time. Tenant is entitled to rent abatement, set-off, and the remedies provided in Ala. Code §§ 35-9A-401 to 35-9A-407.

4.3. THIRD AFFIRMATIVE DEFENSE — Retaliation (§ 35-9A-501)

Plaintiff's action is retaliatory in violation of Ala. Code § 35-9A-501 because, within the period preceding this action, Tenant: ☐ complained to a governmental code-enforcement agency about a violation materially affecting health and safety; ☐ complained to Plaintiff about a § 35-9A-204 violation; ☐ organized or joined a tenants' union or similar organization; ☐ exercised other rights protected by AURLTA. Specifically:

[____________________________________________________________]

The protected conduct occurred on or about [__/__/____], and Plaintiff initiated this action on [__/__/____]. Retaliatory motive is presumed, and Plaintiff cannot meet its burden to overcome the presumption.

4.4. FOURTH AFFIRMATIVE DEFENSE — Discrimination (Federal FHA and Alabama Fair Housing Law)

Plaintiff's action is unlawful under the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., and the Alabama Fair Housing Law, Ala. Code § 24-8-1 et seq., because it is motivated, in whole or in part, by Tenant's protected characteristic (race, color, religion, sex, national origin, family status, or disability), or constitutes a failure to provide a reasonable accommodation or modification for Tenant's disability. Specific facts:

[____________________________________________________________]

4.5. FIFTH AFFIRMATIVE DEFENSE — Unlawful Self-Help (§ 35-9A-407)

Plaintiff has engaged in conduct prohibited by Ala. Code § 35-9A-407 by ☐ unlawfully removing or excluding Tenant; ☐ willfully diminishing services by interrupting heat, running water, hot water, electric service, gas, or other essential service; ☐ removing Tenant's possessions; ☐ changing locks. Tenant is entitled to possession or termination plus an amount equal to three months' periodic rent or actual damages, whichever is greater, plus reasonable attorney's fees.

4.6. SIXTH AFFIRMATIVE DEFENSE — Acceptance of Rent / Waiver (§ 35-9A-421(d))

Plaintiff accepted rent from Tenant on [__/__/____] with knowledge of the alleged default, thereby waiving the right to terminate the rental agreement based on that default under Ala. Code § 35-9A-421(d) and at common law.

4.7. SEVENTH AFFIRMATIVE DEFENSE — Section 8 / HCV Tender; HAP Portion Owed by PHA

Tenant is a participant in the federal Housing Choice Voucher program. Tenant has timely paid the tenant-portion of rent. Any unpaid rent represents the Housing Assistance Payment ("HAP") portion owed by the Public Housing Authority, NOT by Tenant. Plaintiff cannot terminate the tenancy or recover the HAP portion from Tenant. 24 C.F.R. § 982.451.

4.8. EIGHTH AFFIRMATIVE DEFENSE — Servicemembers Civil Relief Act

Tenant is an active-duty servicemember entitled to the protections of the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., including the eviction protections of 50 U.S.C. § 3951 (where rent does not exceed the statutory cap, currently indexed annually by HUD).

4.9. NINTH AFFIRMATIVE DEFENSE — CARES Act 30-Day Notice to Vacate

The premises are a "covered dwelling" under 15 U.S.C. § 9058(a) because they receive federal subsidy or are subject to a federally-backed mortgage. Plaintiff did not provide the 30-day notice to vacate required by 15 U.S.C. § 9058(c). The action is therefore premature.

4.10. TENTH AFFIRMATIVE DEFENSE — Subsidized Housing "Good Cause"

Tenant resides in subsidized housing requiring "good cause" for termination (☐ Project-Based Section 8 — 24 C.F.R. § 880.607 / § 247; ☐ Public Housing — 24 C.F.R. § 966.4; ☐ LIHTC — Treas. Reg. § 1.42-5(c)(1)(xi); ☐ Section 202/811; ☐ RD-515). Plaintiff's stated grounds do not constitute "good cause" under the applicable program rule.

4.11. ELEVENTH AFFIRMATIVE DEFENSE — Bankruptcy Automatic Stay

Tenant filed a bankruptcy petition on [__/__/____], Case No. [____________], in the U.S. Bankruptcy Court for the [________________] District of Alabama. The automatic stay under 11 U.S.C. § 362 bars further prosecution of this action absent stay relief.

4.12. TWELFTH AFFIRMATIVE DEFENSE — Set-Off

Tenant is entitled to set off against any rent claimed by Plaintiff: (a) damages for breach of habitability; (b) double the security deposit under § 35-9A-201 (if applicable); (c) self-help-eviction damages under § 35-9A-407; and (d) other amounts owed by Plaintiff to Tenant.

4.13. THIRTEENTH AFFIRMATIVE DEFENSE — Failure to State a Claim

The Complaint fails to state a claim upon which relief can be granted under Ala. R. Civ. P. 12(b)(6).

4.14. FOURTEENTH AFFIRMATIVE DEFENSE — Failure to Mitigate

If any damages are owed (which is denied), Plaintiff failed to mitigate damages as required by AURLTA and Alabama common law.

4.15. FIFTEENTH AFFIRMATIVE DEFENSE — Estoppel, Laches, Unclean Hands

Plaintiff's claims are barred in whole or in part by the doctrines of estoppel, laches, waiver, ratification, and unclean hands.

4.16. SIXTEENTH AFFIRMATIVE DEFENSE — Reservation

Tenant reserves the right to assert additional defenses that may become known through discovery.

5. COUNTERCLAIMS

Tenant, as Counterclaim-Plaintiff, asserts the following counterclaims against Plaintiff (Counterclaim-Defendant) under Ala. R. Civ. P. 13:

5.1. COUNTERCLAIM I — Breach of Warranty of Habitability (Ala. Code § 35-9A-204)

5.1.1. Plaintiff is a "landlord" and Tenant is a "tenant" under AURLTA.

5.1.2. Plaintiff has materially breached its statutory duties under § 35-9A-204, including failure to:

[____________________________________________________________]

[____________________________________________________________]

5.1.3. Tenant timely notified Plaintiff in writing of these conditions and a reasonable time has elapsed without remedy.

5.1.4. Tenant has been damaged by reason of (a) diminished use and enjoyment of the premises, (b) out-of-pocket repair costs, (c) damaged personal property, (d) personal-injury damages where applicable, and (e) other damages, in an amount to be proven at trial.

5.1.5. Tenant seeks rent abatement, actual damages, and the remedies authorized under Ala. Code § 35-9A-405 and § 35-9A-407.

5.2. COUNTERCLAIM II — Wrongful Self-Help / Interruption of Essential Services (§ 35-9A-407)

5.2.1. Plaintiff (or Plaintiff's agents) ☐ unlawfully removed or excluded Tenant; ☐ interrupted the supply of heat / running water / hot water / electric / gas / other essential service; ☐ changed locks; ☐ removed Tenant's possessions, on or about [__/__/____].

5.2.2. Tenant is entitled to possession or termination of the rental agreement and recovery of three (3) months' periodic rent or actual damages, whichever is greater, plus reasonable attorney's fees.

5.3. COUNTERCLAIM III — Wrongful Retention of Security Deposit (§ 35-9A-201)

5.3.1. Tenant paid a security deposit of $[__________] at the inception of the tenancy.

5.3.2. ☐ Plaintiff demanded a deposit exceeding one month's periodic rent without authorized pet/damage/risk components in violation of § 35-9A-201(a);

☐ Plaintiff failed to deliver an itemized accounting and refund within 60 days of termination of tenancy and delivery of possession in violation of § 35-9A-201(c);

☐ Plaintiff wrongfully withheld the deposit;

5.3.3. Tenant is entitled to double the amount wrongfully withheld plus other remedies.

5.4. COUNTERCLAIM IV — Retaliation (§ 35-9A-501)

5.4.1. Tenant engaged in protected conduct as set forth in Defense 4.3.

5.4.2. Plaintiff retaliated by ☐ this eviction action; ☐ a discriminatory rent increase; ☐ decreasing services; ☐ threats; in violation of § 35-9A-501.

5.4.3. Tenant is entitled to the remedies of § 35-9A-407 and other relief.

5.5. COUNTERCLAIM V — Fair Housing Act Violation (Federal and State)

5.5.1. Plaintiff's conduct constitutes (a) intentional discrimination on a protected basis; (b) a failure to provide a reasonable accommodation/modification for Tenant's disability; or (c) actions causing unjustified disparate impact, in violation of 42 U.S.C. § 3604 and Ala. Code § 24-8-4.

5.5.2. Tenant seeks actual damages, punitive damages, injunctive relief, attorney's fees and costs under 42 U.S.C. § 3613.

6. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully prays:

A. That Plaintiff's Complaint be dismissed with prejudice;

B. That judgment be entered against Plaintiff and in favor of Tenant on each Counterclaim;

C. For actual damages, statutory damages, and double damages where authorized;

D. For punitive damages where authorized by law;

E. For abatement of past, present, and future rent during the period of habitability breach;

F. For injunctive relief restoring possession and essential services;

G. For Tenant's reasonable attorney's fees and costs as permitted by Ala. Code §§ 35-9A-407, 35-9A-501, and 42 U.S.C. § 3613, and any contractual provision;

H. For prejudgment and post-judgment interest;

I. For all such other and further relief as the Court deems just and proper.

7. DEMAND FOR JURY TRIAL

Tenant hereby DEMANDS A TRIAL BY JURY on all claims, counterclaims, and defenses so triable, pursuant to Ala. R. Civ. P. 38 and Article I, § 11 of the Alabama Constitution.

8. RESERVATION OF RIGHTS

8.1. Tenant reserves the right to amend this Answer to assert additional defenses, counterclaims, or third-party claims as discovery proceeds.

8.2. Nothing in this Answer constitutes a waiver of: (a) any defense based on lack of personal jurisdiction, insufficient process, insufficient service of process, or improper venue; (b) any right under the Servicemembers Civil Relief Act; (c) any right under the Fair Housing Act or Alabama Fair Housing Law; or (d) any right to appeal under Ala. Code § 35-9A-461(d).

9. VERIFICATION

I, [________________________________], being first duly sworn, depose and say that I am the Defendant-Tenant in the foregoing Answer, that I have read the foregoing Answer, Affirmative Defenses, and Counterclaims, and that the matters and facts stated therein are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed name: [________________________________]

Sworn to and subscribed before me this [____] day of [__________], 20[____].

Notary signature: [________________________________]

Notary printed name: [________________________________]

My commission expires: [__/__/____] [Notary Seal]

10. SIGNATURE BLOCK

Respectfully submitted this [____] day of [__________], 20[____].

[________________________________]

[ATTORNEY NAME], Esq.

Alabama Bar No.: [____________]

[FIRM NAME / Legal Services Alabama]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Attorney for Defendant [TENANT NAME]

11. CERTIFICATE OF SERVICE

I certify that on this [____] day of [__________], 20[____], I served a true and correct copy of the foregoing Answer, Affirmative Defenses, Counterclaims, and Demand for Jury Trial on counsel for Plaintiff (or Plaintiff if pro se) by:

☐ U.S. first-class mail, postage prepaid

☐ Hand delivery

☐ E-mail (where authorized)

☐ AlaFile / electronic filing system

addressed as follows:

To: [PLAINTIFF / PLAINTIFF'S COUNSEL NAME]

Address: [________________________________]

Email: [________________________________]

[________________________________]

Counsel / Defendant

12. EXHIBIT LIST

13. ALABAMA PRACTICE NOTES FOR TENANTS

13.1. The seven-day clock is real. Ala. R. Civ. P. 12(dc): seven calendar days, weekends and holidays included. Filing on day eight is too late.

13.2. Filing fee. Tenants who cannot afford the answer filing fee may file an Affidavit of Substantial Hardship to seek waiver. Ask the clerk for the form.

13.3. Trial setting. District-court eviction trials are scheduled as preferred cases. Be prepared to try the case quickly. Bring all evidence (photos, receipts, witness names, documents) to the first hearing.

13.4. Appeal to circuit court (de novo). Any party may appeal within seven (7) days of judgment to circuit court for trial de novo (§ 35-9A-461(d)). Trial in circuit must be set within 60 days. To stay the writ of possession during appeal, the tenant must escrow with the circuit court clerk all rent that has come due since filing and continue paying rent as it comes due.

13.5. Writ of possession; seven-day automatic stay. Even if the tenant loses, the writ is automatically stayed for seven (7) days from judgment (§ 35-9A-461(c)).

13.6. Self-help is illegal. If the landlord changes locks, removes possessions, or shuts off essential services without a court order, the tenant has a robust counterclaim under § 35-9A-407 (three months' rent or actual damages plus attorney's fees).

13.7. Public housing / Section 8. Federal program protections often supersede AURLTA. Notify the PHA of any pending eviction action; the PHA may assist or intervene.

13.8. Disability accommodations. Federal FHA and Section 504 require reasonable accommodations and modifications; submit a written request to landlord and document the response.

13.9. Habitability. Photograph and date all defects. File code-enforcement complaints with the local building/housing department; obtain copies of inspection reports.

13.10. Domestic violence. The federal Violence Against Women Act (VAWA) protects survivors in covered housing from eviction based on domestic violence (34 U.S.C. § 12491). Many Alabama eviction filings involving subsidized housing trigger VAWA defenses.

13.11. Mobile-home parks. Tenants who own their home but rent the park lot are governed by Ala. Code § 35-9-101 et seq., not AURLTA. Different defenses and procedures apply.

13.12. Legal aid. Legal Services Alabama (1-866-456-4995); Alabama State Bar lawyer referral; local volunteer-lawyer programs.

14. SOURCES AND REFERENCES

• Ala. Code § 35-9A-101 et seq. — AURLTA.
• Ala. Code § 35-9A-141 — Definitions.
• Ala. Code § 35-9A-161 — Notice; service.
• Ala. Code § 35-9A-201 — Security deposits; one-month cap; 60-day return; double damages.
• Ala. Code § 35-9A-204 — Landlord's duty to maintain premises (warranty of habitability).
• Ala. Code § 35-9A-401 to 35-9A-407 — Tenant remedies.
• Ala. Code § 35-9A-405 — Repair-and-deduct procedures.
• Ala. Code § 35-9A-407 — Self-help bar; treble or actual damages plus attorney's fees.
• Ala. Code § 35-9A-421 — Cause-based termination notices.
• Ala. Code § 35-9A-441 — Periodic tenancy; holdover damages.
• Ala. Code § 35-9A-461 — Landlord's eviction action; 7-day appeal de novo; 7-day writ stay; 60-day circuit-court trial setting.
• Ala. Code § 35-9A-501 — Retaliatory conduct prohibited.
• Ala. Code § 35-9-1 et seq. — Pre-AURLTA tenancy provisions.
• Ala. Code § 35-9-101 et seq. — Mobile-home park tenancies.
• Ala. Code § 6-6-310 et seq. — Statutory unlawful detainer.
• Ala. Code § 12-12-30 — District court civil jurisdiction.
• Ala. Code § 24-8-1 et seq. — Alabama Fair Housing Law.
• Ala. R. Civ. P. 6(a) — Computation of time (eviction carve-out).
• Ala. R. Civ. P. 8(b)–(c) — Defenses; affirmative defenses.
• Ala. R. Civ. P. 12 — Defenses and motion practice.
• Ala. R. Civ. P. 12(dc) — Seven-day answer in district-court possessory actions.
• Ala. R. Civ. P. 13 — Counterclaims.
• Ala. R. Civ. P. 38 — Demand for jury trial.
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act.
• 42 U.S.C. § 3613 — Civil enforcement of FHA; attorney's fees.
• 50 U.S.C. § 3901 et seq. — Servicemembers Civil Relief Act.
• 50 U.S.C. § 3951 — SCRA eviction protections.
• 11 U.S.C. § 362 — Bankruptcy automatic stay.
• 24 C.F.R. § 982.310, § 982.451 — Section 8 HCV termination and rent.
• 24 C.F.R. § 5.852–.861 — HUD project-based good-cause rules.
• 24 C.F.R. § 880.607 / § 247 — Project-based Section 8.
• 24 C.F.R. § 966.4 — Public housing termination.
• Treas. Reg. § 1.42-5(c)(1)(xi) — LIHTC good-cause requirement.
• 15 U.S.C. § 9058 — CARES Act 30-day notice-to-vacate.
• 34 U.S.C. § 12491 — VAWA housing protections.
• Section 504 of the Rehabilitation Act — Reasonable accommodations.
• Alabama Constitution, Article I, § 11 — Right to jury trial.
• Legal Services Alabama — 1-866-456-4995 — alabamalegalhelp.org.