Code of Alabama - Title 35: Property - Chapter 9 - Landlord and Tenant

• Article 1 General Provisions.
• Section 35-9-1 Tenant estopped to deny landlord's title
  The tenant cannot dispute his landlord's title, nor attorn to another claimant while in possession, except in cases provided otherwise in this Code.
• Section 35-9-2 When tenant at will entitled to emblements
  The tenant at will is entitled to his emblements, if the crop is sowed before notice to quit by the landlord, or the tenancy otherwise...
• Section 35-9-3 Duration of tenancy when time for termination not specified - Generally
  Where no time is specified for the termination of tenancy, the law construes it to be from December 1 to December 1 but if it...
• Section 35-9-4 Duration of tenancy when time for termination not specified - Hiring of lodgings for indefinite term
  Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
• Section 35-9-5 Notice to terminate tenancy for term less than one year
  In all cases of tenancy by the month or for any other term less than one year, where the tenant holds over without special agreement,...
• Section 35-9-6 Notice to quit for breach or default of terms of lease
  When default is made in any of the terms of a lease, it shall not be necessary to give more than 10 days' notice to...
• Section 35-9-7 Service of demand or notice
  (a) Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant,...
• Section 35-9-8 Notice unnecessary when tenancy is for certain period
  When a tenancy is for a certain period, and the term expires by the terms of the lease, the tenant is then bound to surrender...
• Section 35-9-9 Remedies extended to lessor's grantees, etc
  The grantees of any demised lands, tenements, rents or other hereditaments, or of the reversion thereof, the assignees of the lessor of any demise, and...
• Section 35-9-10 Remedies extended to lessee's grantees
  The lessees of any lands, their assigns, or personal representatives, shall have the same remedy, by action or otherwise, against the lessor, his grantees, his...
• Section 35-9-11 Right of landlord to enforce lien against sublessees or assignees
  In all cases when the demised premises shall be sublet, or the lease is assigned, the landlord shall have the same right to enforce his...
• Section 35-9-12 Seizure of crops upon abandonment of premises
  When a tenant abandons or removes from the premises or any part thereof, the landlord or his agent or attorney may seize upon any grain...
• Section 35-9-13 Recovery of rent upon death of life tenant who has demised estate
  When a tenant for life shall demise any lands and shall die on or after the day when any rent becomes due and payable, his...
• Section 35-9-14 Tenant responsible for sewer services bill
  Notwithstanding any other provision of law, any bill for sewer service received in the name of a tenant or tenants, shall be the sole responsibility...
• Section 35-9-15 Responsibility for a tenant's delinquent bill for goods or services
  The provider of goods or services may not require a landlord or real property owner to pay the delinquent bill of a tenant for goods...
• Article 2 Liens of Landlord.
• Division 1 Liens for Advances and Rent of Lands.
• Section 35-9-30 Lien declared
  A landlord has a lien, which is paramount to, and has preference over, all other liens, on the crop grown on rented lands for rent...
• Section 35-9-31 Maturity of rent and advances
  Unless otherwise stipulated, such rent and advances shall become due and payable on November 1 of the year in which the crop is grown.
• Section 35-9-32 Continuation of lien and attachment to crop of succeeding year
  When the tenant fails to pay any part of such rent or advances, and continues his tenancy under the same landlord, on the same or...
• Section 35-9-33 Assignment of claim for rent and advances
  The claim of the landlord for rent and advances, or for either, may be by him assigned; and the assignee shall be invested with all...
• Section 35-9-34 When lien may be enforced by attachment
  The landlord, or his assignee, may have process of attachment for the enforcement of his lien for rent and advances, or either, when such rent...
• Section 35-9-35 Affidavit and bond
  Before such attachment is issued, the plaintiff, or his agent or attorney must make affidavit, setting forth the amount that is or will be due...
• Section 35-9-36 Issuance and return of attachment; trial; property leviable
  Such attachment may be issued by any officer authorized to issue attachment in other cases, and made returnable before any court of competent jurisdiction, and...
• Section 35-9-37 Relation between party furnishing land and party furnishing labor
  When one party furnishes the land and the other party furnishes the labor to cultivate it, with stipulations, express or implied, to divide the crop...
• Section 35-9-38 Failure or refusal of tenant to plant crop
  In any case in which a tenant of farm lands shall fail or refuse, without just cause or excuse, to prepare the land and plant...
• Section 35-9-39 Levy upon crop of subtenant
  When lands are cultivated by a subtenant, and an attachment or other process is sued out by the superior landlord, or his assignee, for the...
• Section 35-9-40 Subrogation of subtenant to rights, liens, and remedies of landlord
  Any subtenant who pays or discharges any debt or lien which the landlord has against the tenant in chief, by contract, judicial process, or otherwise,...
• Section 35-9-41 Right of subtenant to require attachment against tenant in chief
  The subtenant may notify the superior landlord, or his assignee, of the existence of any one of the several causes authorizing the issue of an...
• Section 35-9-42 Applicability of division to tenant in chief and subtenant
  The provisions of this division shall apply to parties occupying the relation of tenant in chief and subtenant.
• Division 2 Liens for Rent of Buildings.
• Section 35-9-60 Lien declared
  The landlord of any storehouse or other building shall have a lien on the goods, furniture, and effects belonging to the tenant, and subtenant, for...
• Section 35-9-61 When lien may be enforced by attachment
  The landlord shall have the right, for the enforcement of such lien, to sue out an attachment before any officer authorized to issue attachments, and...
• Section 35-9-62 Affidavit and bond
  Before such attachment is issued, the plaintiff, or his agent or attorney, must make affidavit, setting forth the amount that is, or will be, due...
• Section 35-9-63 Property leviable; priority of lien
  Such attachment may be levied on so much of the goods, furniture and effects of the tenant as will satisfy the plaintiff's demand for rent;...
• Section 35-9-64 Law governing proceedings
  The law governing the issue, levy, trial, and other proceedings in attachment proceedings in general, not inconsistent with the provisions of this division, shall govern...
• Section 35-9-65 Lien, rights, and remedies vested in assignee of claim for rent
  The lien provided in this division shall vest in any assignee of the claim for rent; and such assignee shall be invested with all the...
• Article 3 Possession Wrongfully Withheld.
• Section 35-9-80 Demand for premises
  Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
• Section 35-9-81 Issuance of writ or process
  Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
• Section 35-9-82 Service of writ or process
  Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
• Section 35-9-83 Removal to circuit court
  Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
• Section 35-9-84 Arrest of proceedings
  Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
• Section 35-9-85 Trial upon delivery of counter affidavit
  Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
• Section 35-9-86 Judgment for landlord
  Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
• Section 35-9-87 Appeals
  Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
• Section 35-9-88 Fees
  Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
• Article 4 Use and Occupation.
• Section 35-9-100 When reasonable satisfaction may be recovered
  A reasonable satisfaction may be recovered for the use and occupation of land: (1) When there has been a demise by deed or by parol,...

Last modified: May 3, 2021