Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-35
Affidavit and Bond.
Operative Text
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 things agreed to be paid as rent, that one of the causes for issuing an attachment prescribed in section 35-9-34 exists, and that the attachment is not sued out for the purpose of vexing or harassing the defendant; and must also execute a bond in double the amount claimed, with sufficient surety, payable to the defendant, and with condition that the plaintiff will prosecute the attachment to effect, and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.
Under Alabama Code § 35-9-35, before a landlord can obtain a rent attachment order against a tenant, the law requires two preliminary steps: first, the landlord (or their representative) must file a sworn affidavit stating the amount owed for rent or advances, confirming that a statutory ground for attachment exists, and declaring that the action is not intended to harass the tenant; second, the landlord must post a bond equal to twice the amount claimed, backed by adequate surety, which protects the tenant against damages if the attachment turns out to be wrongful or vexatious. These procedural safeguards are built into the attachment process itself and must be satisfied before any attachment can issue.
Plain English — not legal advice.
Property owners or managers in Alabama who seek to use the rent attachment remedy under § 35-9-35 generally ensure that a proper affidavit is prepared—accurately stating the rent or advances owed, identifying the applicable statutory ground from § 35-9-34, and affirming the action is not brought to harass. Compliant operators also arrange for a surety bond in double the claimed amount before the attachment is issued. Because the bond exposes the landlord to liability for wrongful or vexatious use of the attachment process, operators typically work with legal counsel to confirm that all factual and procedural requirements are met before proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 35-9-35 provides tenants with meaningful procedural protections: a landlord cannot obtain a rent attachment without first filing a sworn affidavit and posting a bond in double the claimed amount, which can be used to compensate the tenant if the attachment is found to have been wrongfully or vexatiously obtained. Tenants who believe an attachment was issued without these requirements being met, or that it was brought to harass them, may have grounds to challenge the attachment in court or seek damages under the bond. Tenant-rights organizations or legal aid services can help tenants understand how these protections under § 35-9-35 may apply to their circumstances.
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 In
Rules and statutes that cite this regulation