Title 35 — Title 35

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 suddenly terminated, as by sale of the estate by the landlord, or by judicial sale, or death of the landlord or tenant. History: (Code 1907, §473…

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 is expressly a tenancy at will, then either party may terminate it at will, by 10 days’ notice in writing. History: (Code 1907, §4732; Code 192…

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 for the current year, and for advances made in money, or other thing of value, either by him directly, or by another at his instance or request for w…

Unless otherwise stipulated, such rent and advances shall become due and payable on November 1 of the year in which the crop is grown. History: (Code 1876, §3468; Code 1886, §3057; Code 1896, §2704; Code 1907, §4735; Code 1923, §8800; Code 1940, T. 31, §16.)

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 other lands, the balance due therefor shall be held and treated as advances to him by the landlord for the next succeeding year, for which the origina…

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 the landlord’s rights, and entitled to all his remedies for their enforcement. History: (Code 1876, §3470; Code 1886, §3059; Code 1896, §2706; Code …

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 and advances, or either, as the case may be, are due and the tenant fails or refuses, after demand made, to pay the same; and also in the…

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 for rent and advances, or either, as the case may be, or, if the rent is not payable in money, the value of the part of the crop or other…

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 must be tried in the same manner, and upon the same notice, as other attachment proceedings are tried, and may be levied…

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 between them in certain proportions, the relation of landlord and tenant, with all its incidents, and to all intents and purposes, …

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 his crops, or a substantial portion of such crops to be grown as are usually planted by that time, on or before March 20, he may, at the election of the l…

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 purpose of enforcing his lien for rent and advances, or either, the crop of the tenant in chief must first be exhausted, before levy is made…

of Lodgings for Indefinite Term. Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007. History: (Code 1923, §8821; Code 1940, T. 31, §4.)

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, shall be subrogated to the rights, liens, and remedies, which the landlord had against the tenant in chief as to such debt or lie…

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 attachment against the crop of the tenant in chief and if such notice is given, and an affidavit is made by the subtenant before an offic…

The provisions of this division shall apply to parties occupying the relation of tenant in chief and subtenant. History: (Code 1876, §3478; Code 1886, §3068; Code 1896, §2715; Code 1907, §4746; Code 1923, §8813; Code 1940, T. 31, §28.)

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, the landlord shall have the right to terminate the tenancy by giving the tenant 10 days’ notice in writing of such termination, and the landlord u…

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 quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such…

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 rent, which shall be superior to all other liens, except those for taxes, and except as otherwise provided in Section 7-9A-333. In c…

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 returnable to any court having jurisdiction of the amount claimed, when the rent, or any installment thereof, is due, and the tena…

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 for the rent, that one of the causes for issuing an attachment prescribed in Section 35-9-61 exists, and that the attachment is not su…

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; and such levy shall have priority over the levy of any other attachment on such goods, furniture, and effects in favor of any other creditor…

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 in all cases arising under this division. History: (Code 1886, §3073; Code 1896, §2720; Code 1907, §4751; Code…

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 rights of the landlord, and entitled to all his remedies for their enforcement. History: (Code 1886, §3074; Code 1896, §2721; Code 1907, §4752; Co…

(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, or by leaving the same with some person above the age of 18 years, residing on or in possession of the premises; and in case no one is in the…

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 possession, and no notice to quit or demand of possession is necessary. History: (Code 1923, §8826; Code 1940, T. 31, §9.)

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007. History: (Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §35.)

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007. History: (Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §36.)

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007. History: (Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §38; Acts 1990, No. 90-218, p. 255.)

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007. History: (Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §44.)

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007. History: (Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §37.)

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007. History: (Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §39.)

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007. History: (Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §40.)

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007. History: (Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §§41-43.)

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007. History: (Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §45.)

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 the heirs and personal representatives of the lessor, grantee or assignee, shall have the same remedies by entry, action or othe…

This chapter shall be known and may be cited as the “Alabama Uniform Residential Landlord and Tenant Act.” History: (Act 2006-316, p. 668, §1.)

(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) Underlying purposes and policies of this chapter are: (1) to simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and o…

Unless displaced by the provisions of this chapter, the principles of law and equity, including, but not limited to, the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud,…

This chapter being a general act intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided. History: (Act 2006-316, p. 668, §1.)

(a) The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages; provided, the duty of a landlord shall not take priority over the landlord’s right to first rent other v…

A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. History: (Act 2006-316, p. 668, §1.)

A cause of action or civil complaint initiated pursuant to this chapter is not subject to the notice requirement of subsection (j) of Section 34-27-31. History: (Act 2006-316, p. 668, §1.)

This chapter applies to and is the exclusive remedy to regulate and determine rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. No resolution or ordinance relative to residential landlords, rental housing cod…

Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: (1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or simi…

(a) The district and circuit courts of this state, according to their respective established jurisdictions, may exercise jurisdiction over any landlord with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subje…

Subject to additional definitions contained in subsequent articles of this chapter which apply to specific articles or divisions thereof, and unless the context otherwise requires, in this chapter: (1) “action” includes recoupment, counterclaim, set-off, suit in equity, and any o…

Every agreement and duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. History: (Act 2006-316, p. 668, §1.)

(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 u…

(a) A person has notice of a fact if: (1) the person has actual knowledge of it; (2) the person has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, the person has reason to know that it exists. (b) …