Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-34
When Lien May Be Enforced by Attachment.
Operative Text
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 following cases, whether such rent and advances, or either, are due or not: (1) When there is good cause to believe that the tenant or subtenant is about to remove from the premises, or otherwise dispose of any part of the crop, without paying such rent and advances, or either, and without the consent of the landlord, or of the assignee, when the claim has been assigned. (2) When the tenant or subtenant has removed from the premises, or otherwise disposed of any part of the crop without paying such rent and advances, or either, and without the consent of the landlord, or of the assignee, when the claim has been assigned. (3) When the tenant or subtenant has disposed of, or there is good cause to believe that he is about to dispose of, any of the articles advanced or obtained by purchase with money advanced, or by barter in exchange for any article advanced, in fraud of the rights of the landlord, or of his assignee, as the case may be.
Alabama Code § 35-9-34 establishes the circumstances under which a landlord's lien for unpaid rent or advances can be enforced through an attachment process. When rent or advances are past due and a tenant has not paid after being asked, the landlord may seek attachment. Even before amounts are due, attachment may be available if there is good cause to believe the tenant is about to remove crops or dispose of advanced goods without the landlord's consent, if the tenant has already done so, or if the tenant has fraudulently disposed of—or is about to dispose of—items that were advanced or purchased with advanced funds.
Plain English — not legal advice.
Under Ala. Code § 35-9-34, landlords or their assignees who hold a lien for rent or advances generally document any demand for payment made to the tenant and keep records of what crops or goods were advanced. Operators who observe signs that a tenant may be removing crops or disposing of advanced articles without consent typically gather evidence of those circumstances before pursuing the attachment process. Because the statute allows attachment both when amounts are due and in certain anticipatory situations, maintaining clear records of advances, assignments, and any communications with the tenant supports a well-documented lien enforcement effort.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ala. Code § 35-9-34 outlines when a landlord can initiate a legal attachment process against a tenant's crops or advanced goods, including in situations where rent is not yet overdue. Tenants should be aware that moving crops or disposing of advanced items without the landlord's consent—or even appearing to be about to do so—can trigger this remedy. Tenants who believe an attachment has been wrongly sought may wish to consult a tenant-rights organization or an attorney familiar with Alabama landlord-tenant law to understand available defenses or responses.
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
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation