Ala. Code §§ 6-6-287, 6-6-288 § 6-6-288
Liability - Tenant in Possession.
Operative Text
A tenant in possession, asserting his right thereto under a lease or license from another, is not liable beyond the rent in arrears at the commencement of the action and that which may accrue during the continuance of his possession.
Under Ala. Code §§ 6-6-287 and 6-6-288, a tenant who is in possession of a property and claims the right to be there through a lease or license from another party has a built-in cap on financial exposure in an eviction or possession action. That tenant's monetary liability is limited to rent that was already past due when the legal action began, plus any additional rent that continues to accrue while the tenant remains in possession. No broader damages beyond these rent amounts are recoverable under this provision.
Plain English — not legal advice.
Under Ala. Code §§ 6-6-287 and 6-6-288, operators pursuing a possession action against a tenant who holds under a lease or license should be aware that recoverable amounts are confined to rent in arrears at the time the action is filed and rent accruing through the period of continued possession. Compliant record-keeping practices typically include maintaining accurate, up-to-date rent ledgers so that the precise amount of arrears can be documented at the moment an action commences. Understanding this liability cap helps property managers set realistic expectations about what a court may award in a possession proceeding.
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 provide tenants in possession—those holding under a lease or license—with a statutory limit on how much they can owe in a possession action: only rent that was past due at the action's start and rent accruing during continued possession. This means a landlord generally cannot recover damages beyond those rent amounts under this particular provision. Tenants who believe a landlord is seeking amounts beyond what this provision allows may wish to raise the statutory cap as a defense or consult a tenant-rights organization familiar with Alabama landlord-tenant 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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