Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-424

Waiver of Landlord’s Right to Terminate.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026AlabamaPartial Payments

Operative Text

Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-424
Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by the tenant that varies from the terms of the rental agreement constitutes a waiver of the landlord’s right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
Source: Legislative text reproduced verbatim
Plain English

Under Alabama Code § 35-9A-424, when a landlord accepts rent or other performance from a tenant while knowing that the tenant has violated the lease, that acceptance generally extinguishes the landlord's ability to terminate the tenancy based on that particular violation. The waiver applies to the specific breach for which payment was accepted, not to future violations. However, the parties may reach a separate written or oral agreement after the breach occurs that preserves the landlord's termination rights despite the acceptance.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under § 35-9A-424, property owners and managers who accept rent or other performance while aware of an existing lease violation risk losing the ability to terminate the tenancy for that specific breach. Operators who wish to preserve termination rights after a known default generally document a separate agreement with the tenant—made after the breach—that explicitly reserves those rights before accepting any payment. Consistent recordkeeping of when payments are received and what violations are known at the time of acceptance is a common practice among compliant operators.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 35-9A-424 of the Alabama Uniform Residential Landlord and Tenant Act provides tenants with a meaningful protection: if a landlord accepts rent knowing of a lease violation, that acceptance can serve as a waiver of the landlord's right to terminate for that breach. Tenants who face eviction proceedings based on a violation for which the landlord previously accepted rent may be able to raise this waiver as a defense in court. Tenant-rights organizations and legal aid offices can help tenants understand how this provision might apply to their circumstances and what documentation—such as payment records and receipts—could be relevant.

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

Current
Oct 16, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Ala. Code § 35-9A-141
Ala. Code § 35-9A-441
Ala. Code § 35-9A-141
Ala. Code § 35-9A-302
Ala. Code § 35-9A-204
Ala. Code § 35-9A-301
Ala. Code § 35-9A-204
Ala. Code § 35-9A-441
Ala. Code § 35-9A-201
Ala. Code § 35-9A-422
Ala. Code § 35-9A-204
Ala. Code § 35-9A-201
Ala. Code § 35-9A-203
Ala. Code § 35-9A-204
Ala. Code § 35-9A-201
Ala. Code § 35-9A-401
Ala. Code § 35-9A-201
Ala. Code § 35-9A-201
Ala. Code § 35-9A-301
Ala. Code § 35-9A-141
Ala. Code § 35-9A-301
Ala. Code § 35-9A-304
Ala. Code § 35-9A-161
Ala. Code § 35-9A-421
Ala. Code § 35-9A-401
Ala. Code § 35-9A-204
Ala. Code § 35-9A-407
Ala. Code § 35-9A-401
Ala. Code § 35-9A-163

Related Rules

§ 47a-19
Rental agreement: Acceptance of rent when overdue.
§ 90.412
Waiver of termination of tenancy.
§ 90.417
Duty to pay rent; effect of acceptance of partial rent.

Source Information

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Fetched:Oct 16, 2026, 11:48 AM UTC