Relating to smoke alarms; to amend Section 35-9A-204, Code of Alabama 1975, relating to landlord duties; to require that a landlord maintain smoke alarms under certain conditions.
Section 35-9A-204, Code of Alabama 1975, is amended to read as follows: "§35-9A-204. "(a) A landlord shall: "(1) comply Comply with the requirements of applicable building and housing codes materially affecting health and safety;. "(2) make Make all repairs and do whatever is necessary to put and keep the premises in a habitable condition;. "(3) keep Keep all common areas of the premises in a clean and safe condition;. "(4) maintain Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators and smoke alarms, supplied or required to be supplied by the landlord;. Notwithstanding the requirements of this subdivision, the landlord shall supply the batteries for smoke alarms upon initial occupancy by the tenant. Thereafter, the tenant shall be responsible for replacing batteries in smoke alarms. "(5) provide Provide and maintain appropriate receptacles and conveniences for the removal of garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and. "(6) supply Supply running water and reasonable amounts of hot water at all times and reasonable heat, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. "(b) If the duty imposed by subdivision (1) of subsection (a) is greater than any duty imposed by any other subdivision of that subsection, the landlord's duty shall be determined by reference to subdivision (1) of subsection (a). "(c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in subdivisions (5) and (6) of subsection (a) and also specified repairs, maintenance tasks, alterations, and remodeling. "(d) The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if: "(1) the The agreement of the parties is set forth in a separate writing signed by the parties and supported by adequate consideration;. "(2) the The work is not necessary to cure noncompliance with subdivision (1) of subsection (a); and. "(3) the The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. "(e) The landlord may not treat performance of the separate agreement described in subsection (d) as a condition to any obligation or performance of any rental agreement. "(f) Rights of the tenant under this section do not arise if the condition was caused by the willful or negligent act or omission of the tenant, a member of the tenant's family, a licensee, or other person on the premises with the tenant's consent."
This act shall become effective on January 1, 2020, following its passage and approval by the Governor, or its otherwise becoming law. House of Representatives Read for the first time and re- ferred to the House of Representa- tives committee on Public Safety and Homeland Security.............. ....... 11-APR-19Read for the second time and placed on the calendar.................... ....... 18-APR-19 Read for the third time and passed as amended......................... ....... 23-APR-19 Yeas 98, Nays 1, Abstains Jeff Woodard Clerk
|May 31, 2019||S||Further Consideration|
|May 31, 2019||S||Livingston motion to Carry Over to the Call of the Chair adopted Voice Vote|
|May 31, 2019||S||Third Reading Carried Over to Call of the Chair|
|May 7, 2019||S||Read for the second time and placed on the calendar|
|April 25, 2019||S||Read for the first time and referred to the Senate committee on Fiscal Responsibility and Economic Development|
|April 23, 2019||H||Engrossed|
|April 23, 2019||H||Motion to Read a Third Time and Pass adopted Roll Call 351|
|April 23, 2019||H||Motion to Adopt adopted Roll Call 350|
|April 23, 2019||H||Wadsworth Amendment Offered|
|April 23, 2019||H||Third Reading Passed|
|April 18, 2019||H||Read for the second time and placed on the calendar|
|April 11, 2019||H||Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security|