Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-143
Unconscionability.
Operative Text
(a) If the court, as a matter of law, finds: (1) a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or (2) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. (b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.
Alabama Code § 35-9A-143 gives courts the authority to address rental agreements or settlement terms that were fundamentally unfair at the time they were made. When a court determines that a provision or an entire agreement is unconscionable, it can refuse to enforce it, sever the offending term and enforce the rest, or narrow the term's application to prevent an unjust outcome. If the issue of unconscionability is raised—by either party or by the court itself—all parties must be given a fair opportunity to present evidence about the context, intent, and effect of the agreement or settlement.
Plain English — not legal advice.
Under § 35-9A-143, rental agreements and settlement terms that a court later finds were grossly one-sided at the time of signing may be partially or entirely unenforceable. Operators who manage properties in Alabama generally ensure that lease terms are clearly written, mutually understood, and consistent with standard market practices to reduce the risk that any provision could be characterized as unconscionable. Maintaining transparent documentation of how lease terms were presented and agreed upon can be relevant if a court ever examines the setting and purpose of the agreement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 35-9A-143 of the Alabama Uniform Residential Landlord and Tenant Act provides tenants with a legal basis to challenge rental agreement provisions or settlement terms that were unreasonably one-sided when they were entered into. A tenant who believes a lease clause or a settlement waiver was unconscionable can raise that issue in court, where both sides will have the opportunity to present evidence about the circumstances surrounding the agreement. Tenant-rights organizations and legal aid offices can help individuals understand whether this provision may be relevant to their situation and what general options exist for raising it.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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