HB80 Alabama 2011 Session

Summary

Primary Sponsor

Greg Wren

Republican

Session

Regular Session 2011

Title

Landlord-tenant, rental agreement, tenant to pay certain attorney's fees under certain conditions, Sec. 35-9A-163 am'd.

Summary

HB80 would let rental agreements charge tenants with paying the landlord's reasonable attorney fees when the landlord wins a case against the tenant, but only if the landlord is a corporation or other entity that must be represented by an attorney.

What This Bill Does

It changes the law to allow a tenant-fee clause in certain rental agreements. The clause would apply only when the landlord is a corporation or other entity required by Alabama law to be represented by an attorney. The bill also keeps existing protections that prohibit other types of fee clauses and adds a remedy if a landlord knowingly uses prohibited provisions. It sets an effective date for the act to take place a few months after passage and approval by the Governor.

Who It Affects

• Tenants renting from corporate or similarly represented landlords; they could be required to pay the landlord's reasonable attorney's fees if the clause is included in the rental agreement.
• Landlords that are corporations or other entities required to be represented by an attorney; they would be able to include such a fee provision in rental agreements.

Key Provisions

• Amends Section 35-9A-163 to allow a rental agreement to include a provision requiring the tenant to pay the landlord's reasonable attorney's fees when the landlord prevails in an action against the tenant, but only if the landlord is a corporation or other entity required to be represented by an attorney.
• Retains prohibitions on other types of tenant-fee provisions (e.g., waiving rights, confessing judgment, exculpation of liability) and makes such prohibited provisions unenforceable.
• If a landlord knowingly uses prohibited provisions, the tenant may recover, in addition to actual damages, up to one month's rent and reasonable attorney's fees.
• The act becomes effective on the first day of the third month following its passage and approval by the Governor.

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