Ala. Code §§ 6-6-310 to 6-6-353 § 6-6-351
Writs of Restitution or Possession - Suspension Upon Payment of Rent by Defendant.
Operative Text
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure, in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate court does not prevent the issue of a writ of restitution or possession unless the defendant pays to the clerk of the district court all rents called for under the terms of the lease, since the date of the filing of the action and continues to pay all rent that becomes due and payable under the terms of the lease as they become due, during the pendency of the appeal, and the sums are to be ascertained by the judge. (b) If the defendant should fail to make any payments as they become due under subsection (a), the court shall issue a writ of restitution or possession and the plaintiff shall be placed in full possession of the premises. (c) Upon disposition of the appeal, the court shall direct the clerk as to the disposition of the funds paid to the clerk pursuant to subsection (a).
Under Alabama Code § 6-6-351, when a tenant appeals an eviction judgment in a forcible entry or unlawful detainer case, that appeal does not automatically pause enforcement of a writ of restitution or possession. To keep the writ from issuing during the appeal, the tenant must pay all rent owed since the filing of the action—and continue paying rent as it comes due throughout the appeal—to the district court clerk, with amounts set by the judge. If those payments are not kept current, the court must issue the writ and restore the landlord to full possession; once the appeal is resolved, the court directs how the deposited funds are distributed.
Plain English — not legal advice.
Under § 6-6-351, a landlord pursuing a forcible entry or unlawful detainer action is not automatically left without a remedy simply because the tenant files an appeal. If the tenant fails to pay all required rent amounts to the district court clerk—both past-due rent since the filing date and ongoing rent as it comes due—the court is required to issue a writ of restitution or possession and restore the landlord to full possession of the premises. Operators familiar with this provision generally track whether the tenant is maintaining the required payments during any appeal period, since a missed payment triggers the court's obligation to act.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 6-6-351 gives tenants in forcible entry or unlawful detainer cases a mechanism to prevent a writ of restitution or possession from issuing while an appeal is pending, but it requires paying all rent owed since the action was filed—and keeping rent current throughout the appeal—to the district court clerk. The amounts are determined by the judge, and if any payment is missed, the court must issue the writ and the landlord regains possession. Tenants navigating this process may benefit from consulting a tenant-rights organization or legal aid provider to understand what amounts are owed and how the clerk's payment process works under § 6-6-351.
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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