HB423 Alabama 2011 Session

Summary

Primary Sponsor

Mike Jones

Republican

Co-Sponsor

Paul Beckman

Session

Regular Session 2011

Title

Uniform Residential Landlord and Tenant Act, definitions, unenforceable provisions in a rental agreement, access to rental property by a landlord for repairs, attorney fees, noncompliance by landlord or tenant, noncurable default, a landlord's remedy for abandonment of rental property by a tenant, further provided for, Secs. 35-9A-141, 35-9A-163, 35-9A-303, 35-9A-401, 35-9A-421, 35-9A-423, 35-9A-426 am'd.

Summary

HB423 updates Alabama's Uniform Residential Landlord and Tenant Act to clarify definitions, expand tenant attorney-fee recoveries, prohibit unenforceable lease terms, regulate landlord access, and strengthen remedies for abandonment and post-termination damages.

What This Bill Does

It redefines timing rules by clarifying what counts as a 'day' and when the last day in a period is moved to a business day. It allows tenants to recover reasonable attorney fees under certain conditions, especially if a landlord enforces prohibited provisions, and includes protections against unenforceable rental terms. It expands and clarifies rules about landlord access, tenant and landlord misconduct, noncurable defaults, abandonment, and the landlord’s remedies and damages after termination.

Who It Affects

• Tenants: could recover reasonable attorney fees in certain cases, face clearer limits on prohibited lease terms, gain clarified rules about landlord access to their dwelling, and have defined remedies for landlord noncompliance or tenant misconduct and abandonment.
• Landlords: gain clearer rights to enter a rental unit under defined circumstances, and more explicit rights to recover attorney fees and damages after termination, including remedies related to tenant abandonment and noncurable defaults.

Key Provisions

• Defines 'day' as a calendar day with a rule that if the last day falls on a weekend or official holiday, the last day moves to the next official business day when court is open.
• Prohibits certain landlord provisions (waiving rights, confession of judgment, paying landlord's attorney fees, or exculpating liability); if a landlord enforces prohibited terms, the tenant may recover actual damages plus up to one month's rent and reasonable attorney's fees.
• Allows a tenant to terminate the rental agreement after 14 days if there is material noncompliance by the landlord that affects health or safety, with remedies including actual damages and attorney fees, and requires return of security deposits and unearned prepaid rent upon termination.
• Details landlord access to the dwelling unit: emergency entry, court order, entry with prior notice for showings, and rules to prevent harassment; specifies notice periods typically two days and conditions for showing the unit.
• Classifies certain tenant misrepresentations and other noncompliances as grounds for termination, with a 14-day cure period for most breaches and a separate rule that misrepresentation cannot be cured; allows damages and attorney fees for noncompliance.
• Creates noncurable defaults for specific tenant actions (e.g., illegal drug use on premises, unlawful firearms discharge, and certain criminal assaults) that allow the landlord to terminate with seven days’ notice without the right to cure.
• Provides a detailed abandonment remedy: if a tenant is absent for over 14 days, landlord may enter as needed, must attempt to re-rent the unit, and if abandonment is deemed, the rental agreement terminates as of the new tenancy date; if the landlord delays or accepts abandonment, termination can occur accordingly.
• After termination, the landlord may still seek possession, rent, actual damages, and reasonable attorney fees as part of the remedy.

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