Ala. Code §§ 6-6-310 to 6-6-353 § 6-6-314
Liability of Lessee Holding Over; How Such Recovered.
Operative Text
Any person who, having entered into the possession of lands and tenements under a contract of lease, forcibly or unlawfully retains the possession thereof after the expiration of his term or refuses to surrender the same on the written demand of the lessor, his agent, or attorney or legal representative, is liable for double the amount of the annual rent agreed to be paid under such contract and for such other special damages as may be thereby sustained by the party thus unlawfully kept out of possession, to be recovered as now provided by law in actions of unlawful detainer or by a civil action for damages.
Under Alabama Code § 6-6-314, a tenant who remains in possession of leased property after the lease term ends—and who either forcibly holds over or refuses to leave after receiving a written demand from the landlord or the landlord's representative—can be held financially responsible for twice the annual rent specified in the original lease, plus any additional special damages the landlord suffers as a result of being kept out of the property. This liability can be pursued through an unlawful detainer action or a separate civil lawsuit for damages. The provision is designed to discourage tenants from wrongfully prolonging their occupancy beyond the agreed lease period.
Plain English — not legal advice.
Under Alabama Code § 6-6-314, compliant property owners and managers typically document the lease's expiration date clearly and serve a written demand for possession—delivered through the landlord, an agent, or an attorney—when a tenant fails to vacate at the end of the term. Maintaining records of the original agreed annual rent is important, since that figure forms the basis for calculating the potential double-rent remedy available under this provision. Operators generally pursue recovery through an unlawful detainer proceeding or a civil damages action, and keeping thorough documentation of any financial losses caused by the holdover supports claims for special damages beyond the doubled rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 6-6-314 establishes that tenants who remain in a rental property after the lease expires and refuse to leave following a written demand may face liability for double the annual rent plus additional damages. Tenants in this situation have the right to understand what a written demand legally requires and whether the landlord's demand was properly made, which can be relevant to any unlawful detainer or civil action brought against them. Consulting a tenant-rights organization or legal aid service familiar with Alabama landlord-tenant law can help tenants understand the procedural requirements of § 6-6-314 and what options may be available to them.
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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