Ala. Code §§ 6-6-287, 6-6-288 § 6-6-287
Joinder of Landlord as Party Defendant; Continuation of Action Against Tenant.
Operative Text
(a) When the land, the subject matter of the action, is in the possession of a tenant, the landlord may be joined with the tenant as a party defendant. (b) When the action is against a tenant, the landlord must be made a party to the action on motion of the tenant, or upon the landlord’s motion to intervene supported by his pleading showing, as a part thereof, that the defendant is his tenant by demise in writing or is in the occupancy of the land sued for with his consent, or of some portion thereof, which should be specified. When it appears to the satisfaction of the court that the landlord is a nonresident, the action shall proceed without delay against the tenant.
Alabama Code §§ 6-6-287 and 6-6-288 govern how landlords and tenants are joined as parties in actions involving disputed land. When a tenant is in possession of the land at issue, the landlord may be brought into the lawsuit as a co-defendant alongside the tenant. If the tenant requests it, or if the landlord moves to intervene and demonstrates through a written pleading that the occupant is their tenant or is on the land with their consent, the landlord must be made a party; however, if the landlord is a nonresident, the case moves forward against the tenant alone without waiting for the landlord.
Plain English — not legal advice.
Under Ala. Code §§ 6-6-287 and 6-6-288, a landlord who wishes to participate in a land-possession action involving their tenant generally files a motion to intervene accompanied by a pleading that establishes the tenancy relationship—whether through a written lease or documented consent to occupy. Operators who maintain clear written records of their tenancy arrangements are better positioned to satisfy the pleading requirements the statute sets out. A landlord who is a nonresident should be aware that the court may proceed against the tenant without the landlord's participation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ala. Code §§ 6-6-287 and 6-6-288 give tenants who are named as defendants in a land-possession action the right to move the court to bring their landlord into the case as a party. This can be significant because having the landlord joined may affect how the dispute is resolved and who bears responsibility for the claimed interest in the land. Tenants facing such actions may wish to consult a tenant-rights organization or legal aid provider to understand how this joinder right might 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.
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