Ala. Code §§ 35-4-6, 35-4-32, 35-4-51.1 § 35-4-51.1

Recordation of Memorandum of Lease; Contents; Effect.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026AlabamaLease Requirements

Operative Text

Ala. Code §§ 35-4-6, 35-4-32, 35-4-51.1 § 35-4-51.1
(a) A memorandum of a lease may be recorded in lieu of the lease itself if the memorandum is executed and acknowledged by the lessor and the lessee and contains:

(1) The names of the lessor and lessee;

(2) The term of the lease;

(3) Any option of the lessee to renew or extend the term of the lease; and

(4) The specific legal description of the leased premises, or a survey or plot plan authorized under subsection (c) showing the location of the leased premises.

(b) A memorandum recorded under this section may also contain any other agreement made between the lessor and the lessee in the lease.

(c) A survey or plot plan may be used in lieu of a specific legal description to describe:

(1) Any part of a building on the leased premises, if the specific legal description of the real property on which the building is located is set forth in the memorandum, survey, or plot plan;

(2) Any part of the leased premises that is part of a larger tract of land, if the specific legal description of the larger tract is set forth in the memorandum, survey, or plot plan; or

(3) Real property of the lessor, in addition to the leased premises if:

a. The use of such additional real property is restricted, benefitted, or otherwise affected by the terms of the lease; and

b. The specific legal description of the additional real property is set forth in the memorandum, survey, or plot plan.

(d) As to the provisions contained in a memorandum recorded under this section, recording the memorandum has the same effect as recording the lease itself.
Source: Legislative text reproduced verbatim
Plain English

Under Ala. Code §§ 35-4-6, 35-4-32, and 35-4-51.1, Alabama law allows a shorter summary document — called a memorandum of lease — to be recorded in the public land records instead of the full lease agreement. To be valid, this memorandum must be signed and acknowledged by both the landlord and the tenant, and must include the parties' names, the lease term, any renewal or extension options, and a legal description of the property. Once properly recorded, the memorandum carries the same legal effect in the public record as if the entire lease had been filed.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Landlords operating under Alabama law who wish to establish a public record of a tenancy without disclosing the full terms of a lease can use the memorandum-of-lease mechanism described in Ala. Code §§ 35-4-6, 35-4-32, and 35-4-51.1. A compliant operator ensures the memorandum is signed and acknowledged by both parties and includes all required elements — names, lease term, renewal options, and a proper legal description or approved survey. Recording this document with the appropriate county probate office gives the memorandum the same constructive-notice effect as recording the lease itself.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants should be aware that under Ala. Code §§ 35-4-6, 35-4-32, and 35-4-51.1, a recorded memorandum of lease can protect a tenant's interest in the property by putting the public on notice of the tenancy without requiring the full lease to become a public document. If a landlord records such a memorandum, it must accurately reflect key terms including the lease duration and any renewal rights the tenant holds. Tenants who have questions about whether a memorandum has been recorded, or whether it correctly reflects their lease terms, may wish to consult a tenant-rights organization or review the public records at the county probate office.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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