HB328 Alabama 2011 Session

Summary

Primary Sponsor

Mike Hill

Republican

Session

Regular Session 2011

Title

Landlord Tenant Act, unenforceable provisions in a rental agreement, access to rental property by a landlord for repairs, a landlord's remedy for abandonment of rental property by a tenant, and a landlord's action for eviction, further provided for, Secs. 35-9A-163, 35-9A-303, 35-9A-423, 35-9A-461 am'd.

Summary

HB328 would update the Alabama Uniform Residential Landlord and Tenant Act to ban unenforceable rental provisions, clarify landlord access, define remedies for tenant abandonment, and refine eviction procedures.

What This Bill Does

If passed, the bill bans certain rental provisions that waive tenant rights, allow confession of judgment, require tenants to pay the landlord's attorney fees, or indemnify the landlord for liability. It also clarifies when a landlord may enter a rental unit for repairs or showings, with notice and exceptions for emergencies, and outlines how tenants can consent to access. The bill specifies how abandonment is handled, requiring reasonable efforts to re-rent and detailing when a tenancy is considered terminated. It also revises eviction procedures, including who can hear cases, how service works, appeal timelines, and how possession is enforced or stayed during appeals.

Who It Affects

• Tenants: gain protections against unenforceable lease terms, clearer rights to privacy and reasonable landlord access, defined abandonment consequences, and eviction procedures that affect timelines and remedies.
• Landlords: gain clearer rules for entering rental units, enforcing lease terms without prohibited provisions, pursuing abandonment remedies, and conducting eviction actions with defined procedures.

Key Provisions

• Unenforceable rental provisions: prohibits waiving rights or remedies under specified sections, prohibiting confession of judgment, prohibiting the landlord's attorney fees or collection costs in the rental agreement, and prohibiting exculpation or indemnification of landlord liability; if a landlord uses such provisions, the tenant may recover actual damages plus up to one month’s rent and reasonable attorney’s fees.
• Landlord access to the dwelling: allows entry for inspection, repairs, services, or showings under defined conditions; emergencies and court orders permit entry; allows showing the premises to prospective tenants or purchasers with notice and separate general notice from the tenant within four months after expiration; requires two days' notice for normal access and allows posting as notice; tenant consent for repairs grants entry at a mutually agreeable time.
• Abandonment remedy: landlord must make reasonable efforts to re-rent and prioritize rent from new tenants appropriately; if abandonment leads to termination, and if the landlord fails to re-rent or accepts abandonment as surrender, the lease is terminated as of notice of abandonment; applies to month-to-month or week-to-week tenancies with corresponding timeframes; after termination, landlord may dispose of tenant’s property if left for more than 14 days.
• Eviction procedures: eviction actions fall under standard civil procedure rules with precedence in scheduling; defined methods for service (including posting and mailing when personal service is not possible); seven-day window to appeal after an eviction judgment, with trials set within 60 days after appeal; if the tenant pays past due rent during an appeal, writs of possession may be stayed or issued as appropriate; writs and restitution procedures follow the judgment outcome, including possible restoration of possession if an appeal reverses the ruling.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Landlord-Tenant