Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-39
Levy Upon Crop of Subtenant.
Operative Text
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 on the crop of the subtenant; but if the tenant in chief makes no crop, or if the crop made by him is not sufficient to satisfy the plaintiff’s demand, then a sufficient amount of the crop of the subtenant may be levied on to supply the deficiency; and any levy made in violation of this section may be vacated on motion, at the first session of the court thereafter.
Under Alabama Code § 35-9-39, when a subtenant is farming land and the superior landlord pursues legal process to enforce a lien for rent or advances, the law establishes a specific order of priority: the primary tenant's crop must be seized and exhausted first before any levy can reach the subtenant's crop. Only if the primary tenant's crop is absent or insufficient to cover the landlord's claim may the subtenant's crop be reached, and only to the extent needed to cover the shortfall. Any levy that skips this required sequence is subject to being vacated by a court upon motion at the first available court session.
Plain English — not legal advice.
Landlords and their assignees operating under Alabama Code § 35-9-39 who pursue attachment or other legal process to enforce a lien for rent or advances against a subtenant arrangement must follow the statutory order of priority — proceeding against the tenant in chief's crop before reaching the subtenant's crop. Compliant operators document the status of the primary tenant's crop before initiating or directing any levy against a subtenant's crop, ensuring the record reflects that the primary crop was exhausted or nonexistent. Failing to observe this sequence exposes the levy itself to being vacated by the court on motion.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Subtenants farming land in Alabama have a protected position under § 35-9-39: their crops generally cannot be levied upon by a superior landlord unless the primary tenant's crop has first been exhausted or was never made. If a levy is made against a subtenant's crop without following this required order, the subtenant may raise the violation as grounds to have the levy vacated by filing a motion at the court's first available session. Subtenants who believe a levy has been improperly made on their crop may wish to consult a tenant-rights organization or legal aid provider familiar with Alabama agricultural tenancy law.
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.
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