(a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in Section 35-9A-203, rent abates until possession is delivered and the tenant may:
(1) terminate the rental agreement upon written notice to the landlord and within five days thereafter the landlord shall return all prepaid rent and security; or
(2) demand performance of the rental agreement by the landlord and, if the tenant elects, bring an action for possession of the dwelling unit from the person wrongfully in possession and recover the actual damages sustained by the tenant.
(b) If a person’s failure to deliver possession is willful and not in good faith, an aggrieved party may recover from that person an amount equal to not more than three months’ periodic rent or the actual damages sustained, whichever is greater, and reasonable attorney’s fees.