ALCARH

This is an amendment to the existing Alabama Landlord and Tenant Act that became effective August 1, 2009. There are a few additional revisions to the existing Act provided by the amendment that are worth noting:

1. No county or municipality is permitted to enact any landlord tenant resolutions or ordinances of its own, and any such resolutions or ordinances previously or hereafter adopted will be superseded by the Alabama Landlord and Tenant Act. Previously, such resolutions or ordinances were permitted so long as they did not conflict with the Alabama Landlord and Tenant Act.

2. A landlord is now permitted to show a unit to a prospective tenant or purchaser at any time in the final 4 months of a lease if (i) the landlord is in the company of a prospective tenant or purchaser and (ii) the landlord provides the tenant with a general notice signed by the tenant separate from the lease agreement that allows such access. Previously, access for showing the premises was only permitted on 2-days’ prior written notice to tenant. This broadens the landlord’s right of access.

3. A landlord is also now permitted to access the premises for repairs, maintenance, pest control or service relating to health and safety by delivery of a general notice or advance schedule to tenant more than 2 days in advance, and no additional notice to the tenant is required. Previously, a landlord had to give the tenant 2 days’ prior notice in order to access the premises for these purposes, and although the Act was ambiguous, the inference was that the notice had to give the specific time when access would be needed. A landlord could still choose to give the 2 days’ notice of the specific time that access is needed, but it can also now choose to give a tenant a more general notice that access to their unit will be needed at any time during a multi-day window.

4. The amendment clarifies that either party has 7 days to appeal to the circuit court an eviction judgment entered by the district court. If a judgment is reversed and entered for the tenant on appeal, the circuit court may restore possession of the premises to the tenant.


	Tenant Landlord Update This is an amendment to the existing Alabama Landlord and Tenant Act that became effective August 1, 2009. There are a few additional revisions to the existing Act provided by the amendment that are worth noting: 1. No county or municipality is permitted to enact any landlord tenant resolutions or ordinances of its own, and any such resolutions or ordinances previously or hereafter adopted will be superseded by the Alabama Landlord and Tenant Act. Previously, such resolutions or ordinances were permitted so long as they did not conflict with the Alabama Landlord and Tenant Act. 2. A landlord is now permitted to show a unit to a prospective tenant or purchaser at any time in the final 4 months of a lease if (i) the landlord is in the company of a prospective tenant or purchaser and (ii) the landlord provides the tenant with a general notice signed by the tenant separate from the lease agreement that allows such access. Previously, access for showing the premises was only permitted on 2-days’ prior written notice to tenant. This broadens the landlord’s right of access. 3. A landlord is also now permitted to access the premises for repairs, maintenance, pest control or service relating to health and safety by delivery of a general notice or advance schedule to tenant more than 2 days in advance, and no additional notice to the tenant is required. Previously, a landlord had to give the tenant 2 days’ prior notice in order to access the premises for these purposes, and although the Act was ambiguous, the inference was that the notice had to give the specific time when access would be needed. A landlord could still choose to give the 2 days’ notice of the specific time that access is needed, but it can also now choose to give a tenant a more general notice that access to their unit will be needed at any time during a multi-day window. 4. The amendment clarifies that either party has 7 days to appeal to the circuit court an eviction judgment entered by the district court. If a judgment is reversed and entered for the tenant on appeal, the circuit court may restore possession of the premises to the tenant.