HB 421

Session
Regular Session 2018
Title
Evictions, reducing notice period for lease termination, expanding list of non-curable defaults, Sec. 35-9A-421 am'd.
Description

Existing law provides for the eviction of a tenant after a material breach of a lease agreement. Specifically, a tenant is entitled to up to four curable breaches of his or her lease in any 12-month period, any notice to terminate a lease is effective seven days after the notice, and a tenant may cure a breach if the breach is not considered a non-curable breach

This bill would expand the list of non-curable lease breaches and shorten the notice period for a notice to a tenant of noncompliance with a lease from seven days to three days. This bill would also provide that a tenant is entitled to only two curable breaches of a lease agreement within any 12-month period and that any second breach of a lease agreement that is substantially the same as a previous breach within a six-month period constitutes a non-curable breach

Relating to evictions; to amend Section 35-9A-421, Code of Alabama 1975, to expand the list of non-curable lease breaches and shorten the notice period for a notice to a tenant of noncompliance with a lease from seven days to three days; and to provide that a tenant is entitled to only two curable breaches of a lease agreement within any 12-month period and that any second breach of a lease agreement that is substantially the same as a previous breach within a six-month period constitutes a non-curable breach.

Subjects
Landlord-Tenant
View Original PDF: HB 421 - Introduced - PDF

Existing law provides for the eviction of a tenant after a material breach of a lease agreement. Specifically, a tenant is entitled to up to four curable breaches of his or her lease in any 12-month period, any notice to terminate a lease is effective seven days after the notice, and a tenant may cure a breach if the breach is not considered a non-curable breach

This bill would expand the list of non-curable lease breaches and shorten the notice period for a notice to a tenant of noncompliance with a lease from seven days to three days. This bill would also provide that a tenant is entitled to only two curable breaches of a lease agreement within any 12-month period and that any second breach of a lease agreement that is substantially the same as a previous breach within a six-month period constitutes a non-curable breach

Relating to evictions; to amend Section 35-9A-421, Code of Alabama 1975, to expand the list of non-curable lease breaches and shorten the notice period for a notice to a tenant of noncompliance with a lease from seven days to three days; and to provide that a tenant is entitled to only two curable breaches of a lease agreement within any 12-month period and that any second breach of a lease agreement that is substantially the same as a previous breach within a six-month period constitutes a non-curable breach.

Section 1

Section 35-9A-421, Code of Alabama 1975, is amended to read as follows:

§35-9A-421.

(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, an intentional misrepresentation of a material fact in a rental agreement or application, or a noncompliance with Section 35-9A-301 materially affecting health and safety, the landlord may deliver a written notice to terminate the lease to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven three days after receipt of the notice. An intentional misrepresentation of a material fact in a rental agreement or application may not be remedied or cured. If the breach is not remedied within the seven three days after receipt of the notice to terminate the lease, the rental agreement shall terminate on the date provided in the notice to terminate the lease unless the tenant adequately remedies the breach before the date specified in the notice, in which case the rental agreement shall not terminate.

(b) If rent is unpaid when due, the landlord may deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed to remedy the breach and that the rental agreement will terminate upon a date not less than seven three days after receipt of the notice. If the breach is not remedied within the seven three days, the rental agreement shall terminate. If a noncompliance of rental agreement occurs under both subsection (a) and this subsection, the seven-day three-day notice period to terminate the lease for nonpayment of rent in this subsection shall govern.

(c) Except as provided in this chapter, a landlord may recover actual damages and reasonable attorney fees and obtain injunctive relief for noncompliance by the tenant with the rental agreement or Section 35-9A-301.

(d) Notwithstanding Section 35-9A-141, no breach of any of the terms or obligations of the lease may be cured by a tenant more than four two times in any 12-month period except by the express written consent of the landlord. The following acts or omissions by a tenant or occupant shall constitute a noncurable default of the rental agreement, and in such cases the landlord may terminate the rental agreement upon a seven-day three-day notice. The tenant shall have no right to remedy such a default unless the landlord consents. Such acts and omissions include, but are not limited to, the following:

(1) Possession Manufacture, cultivation, importation, transportation, possession, furnishing, administering, or use of illegal drugs in the dwelling unit or in the common areas.

(2) Discharge Illegal use, manufacture, importation, possession, furnishing, or discharging of a firearm or firearm ammunition on the premises of the rental property, except for the use or discharge of a firearm or firearm ammunition in cases of self-defense, defense of a third party, or as permissible in Section 13A-3-23.

(3) Criminal assault of a tenant or guest on the premises of the rental property, except in cases of self-defense, defense of a third party, or as permissible in Section 13A-3-23.

(4) Any breach involving substantially the same acts or omissions as a breach for which a notice to terminate has previously been provided for by the landlord and cured by the tenant, if the second breach occurs within six months of the first breach."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 22, 2018HForwarded to Governor on March 22, 2018 at 2:22 p.m. on March 22, 2018.
March 22, 2018HAssigned Act No. 2018-473.
March 22, 2018HClerk of the House Certification
March 22, 2018HEnrolled
March 22, 2018SSignature Requested
March 22, 2018HPassed Second House
March 22, 2018SMotion to Read a Third Time and Pass adopted Roll Call 1050
March 22, 2018SThird Reading Passed
March 13, 2018SRead for the second time and placed on the calendar
March 8, 2018HClarke intended to vote Nay
March 8, 2018SRead for the first time and referred to the Senate committee on Governmental Affairs
March 8, 2018HEngrossed
March 8, 2018HHanes intended to vote Yea
March 8, 2018HMotion to Read a Third Time and Pass adopted Roll Call 647
March 8, 2018HMotion to Adopt adopted Roll Call 646
March 8, 2018HColeman Amendment Offered
March 8, 2018HThird Reading Passed
February 22, 2018HRead for the second time and placed on the calendar
February 15, 2018HRead for the first time and referred to the House of Representatives committee on Commerce and Small Business
2018-03-22
Chamber: Senate
Result: Passed
2018-03-08
Chamber: House
Result: Passed
2018-03-08
Chamber: House
Result: Passed