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AL HB328
Bill
Status
3/24/2011
Primary Sponsor
Mike Hill
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AI Summary
HB328 Summary
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Amends Alabama Uniform Residential Landlord and Tenant Act to prohibit rental agreement provisions that waive tenant rights, authorize judgment confession, require tenant payment of landlord's attorney fees, or limit landlord liability; such provisions are unenforceable and tenants may recover up to one month's rent plus reasonable attorney's fees if landlords knowingly seek to enforce them.
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Establishes landlord access rights to rental property for inspections, repairs, and showings with reasonable notice (minimum two days), but permits entry without notice in emergencies, by court order, or when landlord reasonably believes tenant has abandoned the premises.
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Requires landlords to make reasonable efforts to re-rent abandoned units at fair rental value, including necessary repairs; if landlord fails to do so or accepts abandonment as surrender, the rental agreement terminates on the date of notice of abandonment.
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Allows landlords to enter units without consent during tenant absences exceeding 14 days and permits disposal of tenant property left in unit more than 14 days after termination without storage or protection obligations.
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Modifies eviction procedures to allow district court eviction judgments to be appealed to circuit court within seven days, with trials scheduled within 60 days; tenants appealing must pay past due rents to prevent issuance of restitution writs.
Legislative Description
Landlord Tenant Act, unenforceable provisions in a rental agreement, access to rental property by a landlord for repairs, a landlord's remedy for abandonment of rental property by a tenant, and a landlord's action for eviction, further provided for, Secs. 35-9A-163, 35-9A-303, 35-9A-423, 35-9A-461 am'd.
Landlord-Tenant
Last Action
Read for the first time and referred to the House of Representatives committee on Commerce and Small Business
3/24/2011