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Who the Landlord Is, and Lease Terms That Do Not Count

Ala. Code § 35-9A-163 — the manager and owner named in writing, and waivers a lease cannot enforce

At or before the start of the tenancy, the landlord tells the tenant in writing the name and business address of the person managing the premises and of an owner or agent who receives legal papers and notices. That stays current, and a person who does not give it becomes the landlord's agent for those papers and the landlord's duties.

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Who handles this in Alabama: legal aid programs, lawyer referral and the state offices, listed in the Alabama directory.

  • A lease may not have the tenant waive the landlord's duty to keep the place fit, the tenant's remedies, the deposit rules, or the law of unlawful detainer.
  • It may not let anyone confess judgment for the tenant.
  • It may not have the tenant pay the landlord's attorney fees or collection costs.
  • It may not excuse or limit the landlord's liability under law, or have the tenant indemnify the landlord for it.
  • Ala. Code § 35-9A-163

Such a provision is unenforceable. A landlord who tries to enforce one, knowing it is prohibited, owes the tenant actual damages plus up to one month's periodic rent and reasonable attorney's fees.

  • Ala. Code § 35-9A-163
Sources for this section (2)
  1. Ala. Code § 35-9A-202 — Disclosure
  2. Ala. Code § 35-9A-163 — Prohibited Provisions in Rental Agreements

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.

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