SB247 Alabama 2020 Session

Summary

Primary Sponsor

Jimmy Holley

Republican

Session

Regular Session 2020

Title

Property, Uniform and Residential Landlord and Tenant Act, payment conditions further provided, Sec. 35-9A-461 am'd.

Summary

SB247 would require a tenant who initiates an eviction action against a landlord to continue paying rent, but the payments are to go to the court clerk during the case.

What This Bill Does

In eviction cases started by a tenant against a landlord, the tenant must continue paying rent during the case, with payments made to the court clerk (unless substantial financial hardship is shown). The funds paid to the clerk are held and then distributed according to the court's order after the case ends, and the court can order possession if the tenant fails to pay properly due amounts. The bill also applies these rent-payment rules to appeals of eviction judgments, requiring continued rent payments to the clerk during the appeal.

Who It Affects

• Tenants who sue a landlord in an eviction case are required to keep paying rent during the case, and must pay it to the court clerk (unless they demonstrate substantial financial hardship).
• Landlords (and the court system) are affected because rent payments are received by the clerk, the court determines how funds are distributed, and landlords may obtain a writ of restitution or possession if the tenant fails to pay.

Key Provisions

• Amends Section 35-9A-461 to require rent payments during pendency of eviction actions to be paid to the court clerk, with an exception for substantial financial hardship.
• During an eviction action, if the tenant fails to pay properly due rent, the court may issue a writ of restitution and grant possession to the landlord; funds paid to the clerk are directed by the court after disposition of the case or appeal.
• During appeals of eviction judgments, the tenant must continue paying rents to the clerk since the filing date, and the court will determine how funds are handled at the end of the appeal.
• Effective date: the act becomes law on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property, Real and Personal