Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-163
Prohibited Provisions in Rental Agreements.
Operative Text
(a) A rental agreement may not provide that the tenant: (1) agrees to waive or forego rights or remedies established under Section 35-9A-204, 35-9A-401, or 35-9A-404, or requirements of security deposits established by this chapter or under the law of unlawful detainer; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to pay the landlord’s attorney’s fees or cost of collection; or (4) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith. (b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord seeks to enforce a provision in a rental agreement containing provisions known by the landlord to be prohibited, the tenant may recover in addition to actual damages an amount up to one month’s periodic rent and reasonable attorney’s fees.
Alabama Code § 35-9A-163 identifies four categories of lease clauses that are legally off-limits in residential rental agreements: clauses that strip tenants of statutory rights or remedies (including those related to habitability, security deposits, and eviction procedures), clauses that allow someone to obtain a court judgment against a tenant without a hearing, clauses that require tenants to pay a landlord's attorney's fees or collection costs, and clauses that shield landlords from their own legal liability. Any such clause included in a lease is void and unenforceable as a matter of Alabama law, regardless of whether the tenant signed the agreement containing it. When a landlord knowingly tries to enforce one of these prohibited clauses, the tenant may be entitled to actual damages, up to one month's rent, and reasonable attorney's fees.
Plain English — not legal advice.
Under § 35-9A-163, compliant Alabama landlords review their lease templates to ensure none of the four prohibited clause types appear — including any language purporting to waive tenant statutory rights, authorize confessed judgments, shift attorney's fees or collection costs to tenants, or limit the landlord's own legal liability. Because the statute imposes an additional monetary penalty on landlords who knowingly attempt to enforce a prohibited provision, operators generally work with qualified legal counsel when drafting or updating lease agreements. Routine audits of standard lease forms help ensure that older or boilerplate language does not inadvertently include terms that § 35-9A-163 renders unenforceable.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 35-9A-163 of the Alabama Uniform Residential Landlord and Tenant Act gives tenants a clear legal basis to challenge lease clauses that waive statutory rights, authorize confessed judgments, impose the landlord's legal costs on the tenant, or limit the landlord's liability. Even if a tenant signed a lease containing one of these provisions, the clause is void and cannot be enforced against them. Tenants who believe a landlord is knowingly attempting to enforce a prohibited clause may have grounds to recover actual damages, up to one month's rent, and attorney's fees — paths that a tenant-rights organization or legal aid office familiar with Alabama housing law can help evaluate.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation