§ 35-9A-144 — Notice

(a) A person has notice of a fact if:
(1) the person has actual knowledge of it;
(2) the person has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, the person has reason to know that it exists.
(b) A person “knows” or “has knowledge” of a fact if the person has actual knowledge of it.
(c) A person “notifies” or “gives” a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person presumatively “receives” a notice or notification when:
(1) it comes to the person’s attention;
(2) in the case of the landlord, it is delivered at the place of business of the landlord or mailed to any place designated by the landlord as the place for receipt of the communication; or
(3) in the case of the tenant, it is delivered in hand to the tenant or three days after mailing with adequate prepaid postage in the United States mail to the tenant’s last known place of residence.
(d) “Notice,” knowledge of a notice, or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the organization.
(e) Notice provided in this section does not apply to the notice required to terminate a tenancy or evict a tenant.

Legislative History

(Act 2006-316, p. 668, §1.)