Code of Alabama - Title 6: Civil Practice - Section 6-6-310 - Definitions

Section 6-6-310 - Definitions.

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

(1) FORCIBLE ENTRY AND DETAINER. Where one by force or strong hand, or by exciting fear or terror, enters upon and detains lands or tenements in the possession of another, as by breaking open doors, windows or any other part of a house, whether any person is within or not, by threats of violence to the party in possession, or by words or actions that have a tendency to excite fear or apprehension of danger, by putting out of doors or removing the goods or chattels of the party in possession, or by entering peaceably and then by unlawful refusal, or by force or threats, turning, or keeping the party out of possession.

(2) UNLAWFUL DETAINER. Where one who has lawfully entered into possession of lands as tenant fails or refuses, after the termination of the possessory interest of the tenant, to deliver possession of the premises to anyone lawfully entitled or his or her agent or attorney.

(Code 1852, §§2851, 2852; Code 1867, §§3299, 3300; Code 1876, §§3696, 3697; Code 1886, §§3380, 3381; Code 1896, §§2126, 2127; Code 1907, §§4262, 4263; Code 1923, §§8000, 8001; Code 1940, T. 7, §§966, 967; Acts 1996, No. 96-573, p. 880, §1.)

Last modified: May 3, 2021