§ 35-9A-143 — Unconscionability

Alabama § 35-9A-143

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 9A: Uniform Residential Landlord and Tenant Act
• Art. 1: General Provisions and Definitions
• Div. 3: General Definitions and Principles of Intrepretation: Notice

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.

Legislative History

(Act 2006-316, p. 668, §1.)