Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-41
Right of Subtenant to Require Attachment Against Tenant in Chief.
Operative Text
The subtenant may notify the superior landlord, or his assignee, of the existence of any one of the several causes authorizing the issue of an attachment against the crop of the tenant in chief and if such notice is given, and an affidavit is made by the subtenant before an officer authorized by law to administer oaths, setting forth the existence of any one of such causes, and is served by the subtenant, in person, or by his agent, on such landlord, or his assignee, at the time the notice is given, and the landlord, or his assignee, fails or refuses to proceed within a reasonable time thereafter against the crop of the tenant in chief, he thereby loses his right to proceed against the crop of the subtenant for any deficiency in the crop of the tenant in chief to satisfy his claim, insofar as that deficiency resulted from such failure or refusal to proceed.
Under Alabama Code § 35-9-41, a subtenant who is aware of grounds that would justify a legal attachment against a tenant-in-chief's crop has a mechanism to formally alert the superior landlord or the landlord's assignee. The subtenant must provide written notice and a sworn affidavit, delivered in person or through an agent, describing those grounds. If the superior landlord then fails or refuses to act against the tenant-in-chief's crop within a reasonable time, that landlord forfeits the right to pursue the subtenant's crop for any resulting shortfall.
Plain English — not legal advice.
Superior landlords and their assignees operating under Alabama Code § 35-9-41 should be aware that receiving a formal notice and sworn affidavit from a subtenant triggers a duty to act within a reasonable time against the tenant-in-chief's crop. Compliant operators generally review any such notice promptly, assess whether grounds for attachment exist, and take timely steps to pursue the tenant-in-chief's crop before seeking recourse against the subtenant. Failure to respond in a timely manner can result in losing the right to hold the subtenant responsible for any deficiency that stems from that inaction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Subtenants in Alabama have a protective right under § 35-9-41 that limits a superior landlord's ability to pursue the subtenant's crop when the landlord had an opportunity to act against the tenant-in-chief but declined to do so. A subtenant who is aware of grounds for attachment can formally preserve this protection by delivering a sworn affidavit and notice to the superior landlord or assignee. Subtenants who believe this provision applies to their situation may wish to consult a tenant-rights organization or legal aid resource familiar with Alabama agricultural tenancy law to understand the available enforcement paths.
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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