§ 35-9A-163 — Prohibited Provisions in Rental Agreements

(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.

Legislative History

(Act 2006-316, p. 668, §1; Act 2011-700, p. 2154, §1.)