67 The Alabama Lawyer 384 (2006). Residential Landlord Tenant Act.

• Author: By ROBERT L. McCURLEY, JR.

The Alabama Lawyer

2006.

67 The Alabama Lawyer 384 (2006).

Residential Landlord Tenant Act

Residential Landlord Tenant ActBy ROBERT L. McCURLEY, JR. On January 1, 2007, Alabama will have its first Residential Landlord Tenant Act. This law is basically the Uniform act that has been the law in Mississippi, Florida and Tennessee for many years. The full act with commentary can be found on the law institute's Web site, www.ali.state.al.us/. The following is an outline of the act:

Uniform Residential Landlord and Tenant Act

Article I - General Provisions

Part I -Title, Construction, Application and Subject Matter 35-9A-101-106

* Maintain and improve the quality of housing

* Injured party must mitigate damages

Part II - Scope and Jurisdiction

35-9A-121 Territorial Application

* Affects only residential landlord-tenant relationships

* Preempts county and city landlord-tenant codes

* Does not create or deprive any tort actions

35-9A-122 Exclusions

* Public institutions

* Lease sale contracts

* Fraternities

* Hotels

* Condominiums

* Primarily agriculture

35-9A-123 Jurisdiction

* District and circuit courts shall have jurisdiction

Part III - General Definitions and Principles of Interpretation

35-9A-141-144 Definitions

* Obligation of "good faith"

* Building and housing codes

* Unconscionable-court may refuse to enforce "notice"

Part IV - General Provisions

35-9A-161 Absent rental agreement:

* Tenant must pay "fair rental value"

* Rent to be paid month to month at the beginning of the month

35-9A-162 Rental agreement binding on landlord/tenant if signed by one party and accepted by the other, even if not signed by both

35-9A-163 Prohibited provisions: * Waiver of rights

* Confession of judgment

* Payment of attorney's fees or cost of collection

* (No longer required to be in writing)

* Exculpatory clause

* Damages for willful inclusion of unenforceable provisions by landlord in a lease (effective 1/1/08)

35-9A-164 Payment of rent is a prerequisite for enforcement of remedies under the act

Article II - Landlord Obligations

35-9A-201 Security Deposits * Landlord may hold one month's rent plus pet deposit and other exceptions

* Landlord may deduct itemized damages

* Must return the full deposit or an itemized list of deductions within 35 days after termination of lease

* Tenant must provide a valid forwarding address

* Landlord sends refund by mail to the tenant's forwarding...