Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-60
Lien Declared.
Operative Text
The landlord of any storehouse or other building shall have a lien on the goods, furniture, and effects belonging to the tenant, and subtenant, for rent, which shall be superior to all other liens, except those for taxes, and except as otherwise provided in Section 7-9A-333. In case the tenant or subtenant is adjudged a bankrupt, such lien on such goods, furniture, and effects of the bankrupt shall, as against the trustee in bankruptcy, attach only for unpaid rent accrued and which shall accrue within six months from the date of adjudication computed pro rata at the then current rate. The lien amount accrued and to accrue shall not be increased by reason of any default or breach of contract by the bankrupt. From the amount of such lien, so computed, the trustee in bankruptcy may deduct all payments and all demands which could be legally set up against the landlord by way of counterclaim. If the trustee in bankruptcy shall dispose of the lease as an asset of the bankrupt estate, then the landlord shall have a lien on the goods, furniture, and effects of any person holding under the trustee in bankruptcy.
Under Alabama Code § 35-9-60, a landlord of a storehouse or other commercial building holds a lien on a tenant's (or subtenant's) goods, furniture, and effects as security for unpaid rent, and that lien takes priority over most other creditors' claims except tax liens and certain secured-party interests under Article 9A. When a tenant is declared bankrupt, the lien is limited to rent that accrued or will accrue within six months of the bankruptcy adjudication date, calculated on a pro-rata basis, and the trustee in bankruptcy may reduce that amount by any valid counterclaims against the landlord. If the bankruptcy trustee transfers the lease as a bankruptcy estate asset, the landlord's lien then attaches to the property of whoever takes over under the trustee.
Plain English — not legal advice.
Alabama Code § 35-9-60 gives commercial landlords a powerful tool to secure unpaid rent by attaching a lien to a tenant's on-premises goods and furnishings, ranking ahead of most competing claims. Operators who lease storehouses or other commercial buildings generally document the goods present on the premises and keep accurate rent ledgers so that, if a lien must be enforced, the covered property and the amount owed are clearly established. When a tenant enters bankruptcy, the lien's reach is capped at six months of rent computed pro rata, so landlords typically maintain current rent records and are aware that default penalties cannot inflate the lien amount in that context.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35-9-60 of the Alabama Code means that a commercial landlord may assert a lien against goods, furniture, and effects you keep on the leased premises if rent goes unpaid, but the law also places meaningful limits on that lien—particularly in bankruptcy, where it is capped at six months of pro-rata rent and can be reduced by valid counterclaims you hold against the landlord. Tenants who believe a lien has been improperly asserted or calculated may have grounds to raise that as a defense in a legal proceeding or to assert counterclaims that reduce the lien amount. Consulting a tenant-rights organization or a licensed Alabama attorney familiar with commercial leasing can help clarify what options exist under § 35-9-60 for a given set of 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.
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