Ala. Code §§ 6-6-310 to 6-6-353 § 6-6-353
Proceedings When Determination Is Against Appellant.
Operative Text
In cases of forcible entry or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit court against him and the sureties on the appeal or certiorari bond, including the costs in the inferior and circuit courts, and if the appeal or certiorari was sued out by the defendant and a supersedeas bond was executed, a writ of restitution or possession must be awarded and judgment must also be entered against the defendant and the sureties on his supersedeas bond for the value of the rent of the premises pending the appeal.
Under Alabama Code §§ 6-6-310 to 6-6-353, when a tenant (appellant) loses a forcible entry or unlawful detainer case on appeal in circuit court, the judgment is entered against both the appellant and the sureties who co-signed the appeal or certiorari bond, covering court costs from both the lower and circuit court proceedings. If the defendant had also obtained a supersedeas bond to delay enforcement during the appeal, the court must issue a writ of restitution or possession returning the property to the landlord, and an additional judgment is entered against the defendant and those sureties for the rental value of the premises during the entire appeal period. This provision ensures that a landlord who ultimately prevails is made whole for both litigation costs and lost rent caused by the delay.
Plain English — not legal advice.
Under Alabama Code §§ 6-6-310 to 6-6-353, landlords who prevail after a tenant's appeal of a forcible entry or unlawful detainer judgment are generally entitled to recover court costs from both levels of proceedings, as well as the rental value of the property for the duration of the appeal if a supersedeas bond was in place. Compliant operators typically document ongoing rental market values and keep records of all costs incurred at both the inferior and circuit court levels to support any post-appeal judgment calculation. When a writ of restitution or possession is awarded, landlords ordinarily coordinate with the appropriate court officers to restore lawful possession of the premises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Alabama Code §§ 6-6-310 to 6-6-353, tenants who appeal a forcible entry or unlawful detainer ruling and lose at the circuit court level should be aware that the judgment can extend to any co-signers on their appeal or certiorari bond, and that a supersedeas bond used to delay enforcement may result in an additional judgment covering the rental value of the property during the appeal period. Tenants facing this situation have the right to review the judgment entered against them and their sureties for accuracy, including how rental value was calculated. Tenant-rights organizations or legal aid services can help individuals understand what these bond obligations mean and what options may be available for responding to or satisfying such judgments.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.