Alabama Landlord-Tenant Legal Definitions | Alabama Online Residential and Commercial Lease Forms

Landlord Tenant Residential Lease Laws

The relationship between a landlord and a tenant should be cooperative, not adversarial. Much like a shopkeeper and his customer, a landlord and his tenant want to establish a long term mutually beneficial relationship. It must be based on respect for each others property, privacy, and right to profit.

Note: Click Here for state Lanlord-Tenant lease package.

Tenants have a legal obligation to keep the premises in a clean and sanitary condition and pay the agreed upon rent. Failure to do so may result in eviction or forfeiture of security deposit funds. The law imposes certain duties on a landlord to maintain the premises in habitable condition. Failure to do so, such as providing adequate weatherproofing, available heat, water and electricity, and clean, sanitary and structurally safe premises, may be legal justification for a tenant's defensive acts, such as moving out (even in the middle of a lease), paying less rent, withholding the entire rent until the problem is fixed, making necessary repairs (or hiring someone to make them and deducting the cost from next month's rent) The landlord may be sued for a partial refund of past rent, and in some circumstances can be sued for the discomfort, annoyance and emotional distress caused by the substandard conditions. States typically require landlords to provide a specific amount of notice (usually 24 or 48 hours) before entering a rental unit. In some states, landlords must provide a "reasonable" amount of notice, legally presumed to be 24 hours.

Article 1 General Provisions.

Section 35-9-1 Tenant estopped to deny landlord's title.
Section 35-9-2 When tenant at will entitled to emblements.
Section 35-9-3 Duration of tenancy when time for termination not specified - Generally.
Section 35-9-4 Duration of tenancy when time for termination not specified - Hiring of lodgings for indefinite term.
Section 35-9-5 Notice to terminate tenancy for term less than one year.
Section 35-9-6 Notice to quit for breach or default of terms of lease.
Section 35-9-7 Service of demand or notice.
Section 35-9-8 Notice unnecessary when tenancy is for certain period.
Section 35-9-9 Remedies extended to lessor's grantees, etc.
Section 35-9-10 Remedies extended to lessee's grantees.
Section 35-9-11 Right of landlord to enforce lien against sublessees or assignees.
Section 35-9-12 Seizure of crops upon abandonment of premises.
Section 35-9-13 Recovery of rent upon death of life tenant who has demised estate.
Section 35-9-14 Tenant responsible for sewer services bill. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE.

Article 2 Liens of Landlord.

Division 1 Liens for Advances and Rent of Lands.

Section 35-9-30 Lien declared.
Section 35-9-31 Maturity of rent and advances.
Section 35-9-32 Continuation of lien and attachment to crop of succeeding year.
Section 35-9-33 Assignment of claim for rent and advances.
Section 35-9-34 When lien may be enforced by attachment.
Section 35-9-35 Affidavit and bond.
Section 35-9-36 Issuance and return of attachment; trial; property leviable.
Section 35-9-37 Relation between party furnishing land and party furnishing labor.
Section 35-9-38 Failure or refusal of tenant to plant crop.
Section 35-9-39 Levy upon crop of subtenant.
Section 35-9-40 Subrogation of subtenant to rights, liens and remedies of landlord.
Section 35-9-41 Right of subtenant to require attachment against tenant in chief.
Section 35-9-42 Applicability of division to tenant in chief and subtenant.

Division 2 Liens for Rent of Buildings.

Section 35-9-60 Lien declared.
Section 35-9-61 When lien may be enforced by attachment.
Section 35-9-62 Affidavit and bond.
Section 35-9-63 Property leviable; priority of lien.
Section 35-9-64 Law governing proceedings.
Section 35-9-65 Lien, rights and remedies vested in assignee of claim for rent.

Online Forms

Article 3 Possession Wrongfully Withheld.

Section 35-9-80 Demand for premises.
Section 35-9-81 Issuance of writ or process.
Section 35-9-82 Service of writ or process.
Section 35-9-83 Removal to circuit court.
Section 35-9-84 Arrest of proceedings.
Section 35-9-85 Trial upon delivery of counter affidavit.
Section 35-9-86 Judgment for landlord.
Section 35-9-87 Appeals.
Section 35-9-88 Fees.

Article 4 Use and Occupation.

Section 35-9-100 When reasonable satisfaction may be recovered.

Note: Click Here for state Landlord-Tenant lease forms.


Alabama Lease Info Online Forms Reference Links Landlord-Tenant Lease FAQ	Landlord Tenant Residential Lease Laws The relationship between a landlord and a tenant should be cooperative, not adversarial. Much like a shopkeeper and his customer, a landlord and his tenant want to establish a long term mutually beneficial relationship. It must be based on respect for each others property, privacy, and right to profit. Note: Click Here for state Lanlord-Tenant lease package. Tenants have a legal obligation to keep the premises in a clean and sanitary condition and pay the agreed upon rent. Failure to do so may result in eviction or forfeiture of security deposit funds. The law imposes certain duties on a landlord to maintain the premises in habitable condition. Failure to do so, such as providing adequate weatherproofing, available heat, water and electricity, and clean, sanitary and structurally safe premises, may be legal justification for a tenant's defensive acts, such as moving out (even in the middle of a lease), paying less rent, withholding the entire rent until the problem is fixed, making necessary repairs (or hiring someone to make them and deducting the cost from next month's rent) The landlord may be sued for a partial refund of past rent, and in some circumstances can be sued for the discomfort, annoyance and emotional distress caused by the substandard conditions. States typically require landlords to provide a specific amount of notice (usually 24 or 48 hours) before entering a rental unit. In some states, landlords must provide a "reasonable" amount of notice, legally presumed to be 24 hours. Article 1 General Provisions. Section 35-9-1 Tenant estopped to deny landlord's title. Section 35-9-2 When tenant at will entitled to emblements. Section 35-9-3 Duration of tenancy when time for termination not specified - Generally. Section 35-9-4 Duration of tenancy when time for termination not specified - Hiring of lodgings for indefinite term. Section 35-9-5 Notice to terminate tenancy for term less than one year. Section 35-9-6 Notice to quit for breach or default of terms of lease. Section 35-9-7 Service of demand or notice. Section 35-9-8 Notice unnecessary when tenancy is for certain period. Section 35-9-9 Remedies extended to lessor's grantees, etc. Section 35-9-10 Remedies extended to lessee's grantees. Section 35-9-11 Right of landlord to enforce lien against sublessees or assignees. Section 35-9-12 Seizure of crops upon abandonment of premises. Section 35-9-13 Recovery of rent upon death of life tenant who has demised estate. Section 35-9-14 Tenant responsible for sewer services bill. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE. Article 2 Liens of Landlord. Division 1 Liens for Advances and Rent of Lands. Section 35-9-30 Lien declared. Section 35-9-31 Maturity of rent and advances. Section 35-9-32 Continuation of lien and attachment to crop of succeeding year. Section 35-9-33 Assignment of claim for rent and advances. Section 35-9-34 When lien may be enforced by attachment. Section 35-9-35 Affidavit and bond. Section 35-9-36 Issuance and return of attachment; trial; property leviable. Section 35-9-37 Relation between party furnishing land and party furnishing labor. Section 35-9-38 Failure or refusal of tenant to plant crop. Section 35-9-39 Levy upon crop of subtenant. Section 35-9-40 Subrogation of subtenant to rights, liens and remedies of landlord. Section 35-9-41 Right of subtenant to require attachment against tenant in chief. Section 35-9-42 Applicability of division to tenant in chief and subtenant. Division 2 Liens for Rent of Buildings. Section 35-9-60 Lien declared. Section 35-9-61 When lien may be enforced by attachment. Section 35-9-62 Affidavit and bond. Section 35-9-63 Property leviable; priority of lien. Section 35-9-64 Law governing proceedings. Section 35-9-65 Lien, rights and remedies vested in assignee of claim for rent. Online Forms Article 3 Possession Wrongfully Withheld. Section 35-9-80 Demand for premises. Section 35-9-81 Issuance of writ or process. Section 35-9-82 Service of writ or process. Section 35-9-83 Removal to circuit court. Section 35-9-84 Arrest of proceedings. Section 35-9-85 Trial upon delivery of counter affidavit. Section 35-9-86 Judgment for landlord. Section 35-9-87 Appeals. Section 35-9-88 Fees. Article 4 Use and Occupation. Section 35-9-100 When reasonable satisfaction may be recovered. Note: Click Here for state Landlord-Tenant lease forms.