Ala. Code §§ 6-6-310 to 6-6-353 § 6-6-335
Proceedings When Parties Appear or Defendant Fails to Do So.
Operative Text
If the parties appear, an issue must be made between them upon the complaint, but if the defendant, having been duly cited, does not appear or, appearing, declines to plead, the case proceeds as if the defendant had denied the allegations of the complaint; or, for good cause, the trial may be postponed not more than 15 days, at the cost of the applicant.
Alabama Code § 6-6-335 governs what happens in an unlawful detainer or ejectment proceeding when the parties either show up or fail to appear. If both sides appear, the case moves forward on the issues raised in the complaint. If the defendant was properly notified but does not appear—or appears but refuses to plead—the case continues as though the defendant had denied all allegations, meaning the landlord still bears the burden of proving the case. A judge may also delay the trial by up to 15 days for good cause, but the party who requested the proceeding bears the cost of that postponement.
Plain English — not legal advice.
Under § 6-6-335, a landlord pursuing a summary ejectment or unlawful detainer action should be prepared to present evidence and prove the allegations in the complaint even if the tenant does not appear or refuses to plead, because the law treats the case as contested regardless. Compliant operators typically ensure all documentation—lease agreements, notices, and payment records—is organized and ready for the hearing date. If a postponement becomes necessary, landlords should be aware that the cost of any delay of up to 15 days may be assessed against the party who initiated the action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 6-6-335 means that even if a tenant chooses not to appear at a hearing or declines to enter a plea, the case does not automatically result in a default judgment against them—the landlord must still prove the claims in the complaint. Tenants who have been cited for a proceeding under this section may wish to consult a tenant-rights organization or legal aid provider to understand what appearance or response options are available to them. Knowing that the law treats a non-response as a denial of the allegations can be relevant when considering whether and how to participate in the proceeding.
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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