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Article 8 Forcible Entry and Unlawful Detainer 
Division 1 General Provisions 
Section 6-6-310 Definitions 
Section 6-6-311 To what estates applicable 
Section 6-6-312 Commencement of action where property held jointly 
Section 6-6-313 Effect of temporary absence 
Section 6-6-314 Liability of lessee holding over; how such recovered 
Section 6-6-315 Uninterrupted occupation for three years bars action 
Section 6-6-316 Action of trespass, etc., not precluded 
Section 6-6-317 Notice or demand 
Section 6-6-318 Courts deemed always open 
Section 6-6-319 Forms for judgment, restitution or possession 
Division 2 Proceedings 
Section 6-6-330 Jurisdiction 
Section 6-6-331 Venue 
Section 6-6-332 Process - Form of notice; service and return thereof 
Section 6-6-333 Process - Neglect or refusal to execute by sheriff or constable 
Section 6-6-334 Failure of witnesses to attend or refusal to testify 
Section 6-6-335 Proceedings when parties appear or defendant fails to do so 
Section 6-6-336 Extent of inquiry 
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant 
Division 3 Appeals 
Section 6-6-350 To circuit court from district court 
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent
by defendant 
Section 6-6-352 Writs of restitution or possession - Issuance by circuit court 
Section 6-6-353 Proceedings when determination is against appellant 

Section 6-6-310

Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them
by this section:
(1) Forcible entry and detainer.
Where one by force or strong hand, or by exciting fear or terror, enters upon and detains lands or
tenements in the possession of another, as by breaking open doors, windows or any other part of a house,
whether any person is within or not, by threats of violence to the party in possession, or by words or
actions that have a tendency to excite fear or apprehension of danger, by putting out of doors or removing
the goods or chattels of the party in possession, or by entering peaceably and then by unlawful refusal, or
by force or threats, turning, or keeping the party out of possession.
(2) Unlawful detainer.
Where one who has lawfully entered into possession of lands as tenant fails or refuses, after the
termination of the possessory interest of the tenant, to deliver possession of the premises to anyone lawfully
entitled or his or her agent or attorney.

(Code 1852, 2851, 2852; Code 1867, 3299, 3300; Code 1876, 3696, 3697; Code 1886, 3380, 3381; Code
1896, 2126, 2127; Code 1907, 4262, 4263; Code 1923, 8000, 8001; Code 1940, T. 7, 966, 967; Acts
1996, No. 96-573, p. 880, 1.)

Section 6-6-311

To what estates applicable.
Forcible entry and detainer and unlawful detainer extend to, and comprehend, terms for years and all
estates, whether freehold or less than freehold.

(Code 1852, 2853; Code 1867, 3301; Code 1876, 3698; Code 1886, 3382; Code 1896, 2128; Code 1907,
4264; Code 1923, 8002; Code 1940, T. 7, 968.)

Section 6-6-312

Commencement of action where property held jointly.
Where title or possession of the premises is held by several persons jointly, as by tenants in common,
coparceners, partners, or other joint occupancy or title, they are seized for themselves and for each other;
all are equally entitled to possession; and, conversely, the possession of any one is the possession of all; and
any joint tenant may commence an action of forcible entry and detainer against a stranger and recover the
entire possession, which inures to the benefit of all.

(Code 1923, 8027; Code 1940, T. 7, 990.)

Section 6-6-313

Effect of temporary absence.
A temporary absence from the premises does not constitute a loss of the actual possession nor prevent the
commencement of forcible entry and detainer against one who forcibly enters or detains the premises, and
one who enters during such temporary absence does not acquire the legal possession such as permits him to
commence the action if the rightful possessor rejects him immediately on discovery of his presence on the
premises.

(Code 1923, 8028; Code 1940, T. 7, 991.)

Section 6-6-314

Liability of lessee holding over; how such recovered.
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.

(Code 1867, 3312; Code 1876, 3709; Code 1886, 3391; Code 1896, 2137; Code 1907, 4273; Code 1923,
8014; Code 1940, T. 7, 977.)

Section 6-6-315

Uninterrupted occupation for three years bars action.
The uninterrupted occupation of the premises in controversy by the defendant for the space of three entire
years preceding the filing of the complaint is, if the estate of the defendant is not determined, a bar to any
proceeding under this article.

(Code 1852, 2860; Code 1867, 3308; Code 1876, 3705; Code 1886, 3390; Code 1896, 2136; Code 1907,
4272; Code 1923, 8013; Code 1940, T. 7, 976.)

Section 6-6-316

Action of trespass, etc., not precluded.
No proceedings had under this article or judgment entered bars or prevents the party injured from
prosecuting an action of trespass or other action against the aggressor or party offending.

(Code 1852, 2863; Code 1867, 3311; Code 1876, 3708; Code 1886, 3392; Code 1896, 2138; Code 1907,
4274; Code 1923, 8015; Code 1940, T. 7, 978.)

Section 6-6-317

Notice or demand.
Forcible entry being in its nature adverse and unlawful, no demand need be made or notice given except
such as is required in the Code to support an action or proceeding based on an entry with actual force. 

(Code 1923, 8029; Code 1940, T. 7, 992.)

Section 6-6-318

Courts deemed always open.
Courts having jurisdiction under this article must be held open at all times for the consideration and
determination of questions arising under this article, and judgments had thereon without delay.

(Code 1867, 3298; Code 1876, 3695; Code 1886, 3379; Code 1896, 2125; Code 1907, 4261; Code 1923,
7999; Code 1940, T. 7, 965.)

Section 6-6-319

Forms for judgment, restitution or possession.
The following or similar forms may be used when appropriate in forcible entry and unlawful detainer
proceedings; but they are not exclusive of other appropriate forms: Judgment.A. B. v. C. D.Came the
parties on the _______________ day of_______________, and upon evidence I find the said C. D. guilty
of the forcible entry and unlawful detainer (or, unlawful detainer) as complained against him by A. B., and
I therefore order and adjudge that C. D. restore to A. B. the possession of the tract of land (or tenement)
mentioned in the complaint: _______________ (here designate the land or tenement), and pay the cost of
this proceeding. Writ of Restitution or Possession. State of Alabama, County._______________To any
lawful officer of said county: You are hereby commanded to restore A. B. to possession (or place A. B. in
possession) of the land and tenements (or, as the case may be) which A. B. recovered of C. D. in an action
of forcible entry and detainer (or unlawful detainer) before me on the _______________ day of
_______________, at _______________ (here describe the land and tenements). You are further directed,
of the goods and chattels, lands and tenements, of the said C. D., you cause to be made the sum of
_______________, which the said A. B. has recovered for his costs in that behalf expended. Witness my
hand, this the _______________ day of _______________E. F., District Court Judge

(Code 1907, 4286; Code 1923, 8031; Code 1940, T. 7, 994.)

Section 6-6-330

Jurisdiction.
The forcible entry upon and detainer, or the unlawful detainer, of lands, tenements and hereditaments is
cognizable before the district court of the county in which the offense is committed.

(Code 1852, 2850; Code 1867, 3297; Code 1876, 3694; Code 1886, 3378; Code 1896, 2124; Code 1907,
4260; Code 1923, 7998; Code 1940, T. 7, 964.)

Section 6-6-331

Venue.
The complaints provided for in this article must be filed with, and be tried by, the district court for the
county in which the lands or tenements are situated.

(Code 1852, 2868; Code 1867, 3317; Code 1876, 3714; Code 1886, 3385; Code 1896, 2131; Code 1907,
4267; Code 1923, 8008; Code 1940, T. 7, 971.)

Section 6-6-332

Process - Form of notice; service and return thereof.
(a) Upon complaint being made, the district judge shall issue a notice to the party against whom the
complaint is made to the following effect: The State of Alabama,_______________ County.
To_______________You are hereby commanded to be and appear before me, at _______________ on the
_______________ day of _______________, 19 _______________, to answer to, and make defense
against a complaint exhibited to me against you by _______________, for a forcible entry and detainer (or
for unlawful detainer, as the case may be).Witness my hand this _______________ day of
_______________, 19_______________._______________ District Court Judge
(b) The notice shall be served on the defendant at least six days before the return day of the process and
may be served on the defendant anywhere within the state. The return of the service thereof by any sheriff
or constable of the state is sufficient, or proof of the fact may be made before the judge. A copy of the
notice shall be personally served upon the defendant. If the sheriff or constable is unable to serve the
defendant personally, service may be had by delivering the notice to any person who is sui juris residing on
the premises, or if after reasonable effort no person is found residing on the premises, by posting a copy of
the notice on the door of the premises, and on the same day of posting or by the close of the next business
day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of the person, shall mail
notice of the filing of the unlawful detainer action by enclosing, directing, stamping, and mailing by first
class a copy of the notice to the defendant at the mailing address of the premises and if there is no mailing
address for the premises to the last known address, if any, of the defendant and making an entry of this
action on the affidavit filed in the case. Service of the notice by posting shall be complete as of the date of
mailing the notice.
(c) Upon complaint being made and upon request of the plaintiff to have the notice served on the defendant
by a process server other than a sheriff or constable, the court shall, if the process server is qualified under
Rule 4.1 (b) (2) of the Alabama Rules of Civil Procedure, order the clerk to deliver the notice to the process
server for service.

(Code 1852, 2854, 2855; Code 1867, 3302, 3303; Code 1876, 3699, 3700; Code 1886, 3383, 3384; Code
1896, 2129, 2130; Code 1907, 4265, 4266; Code 1923, 8006, 8007; Code 1940, T. 7, 969, 970; Acts
1990, No. 90-218, p. 255, 1; Acts 1996, No. 96-573, p. 880, 1.)

Section 6-6-333

Process - Neglect or refusal to execute by sheriff or constable.
Any sheriff or constable neglecting or refusing to execute any process placed in his hands by a district
court judge by virtue of the authority conferred by this article, forfeits to the party aggrieved $200, to be
recovered by action in the circuit court.

(Code 1852, 2862; Code 1867, 3310; Code 1876, 3707; Code 1886, 3394; Code 1896, 2140; Code 1907,
4276; Code 1923, 8017; Code 1940, T. 7, 980.)

Section 6-6-334

Failure of witnesses to attend or refusal to testify.
(a) Any witness, duly subpoenaed and failing to attend or refusing to testify may be fined by the district
court judge not exceeding $100, for the use of the county, for which he may issue execution directed to the
constable.
(b) The judgment specified in subsection (a) of this section must not be made absolute until 10 days after
service of a written notice on such witness, informing him of the entry of such judgment.

(Code 1852, 2869, 2870; Code 1867, 3318, 3319; Code 1876, 3715, 3716; Code 1886, 3394, 3395; Code
1896, 2141, 2142; Code 1907, 4277, 4278; Code 1923, 8018, 8019; Code 1940, T. 7, 981, 982.)

Section 6-6-335

Proceedings when parties appear or defendant fails to do so.
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.

(Code 1852, 2856; Code 1867, 3304; Code 1876, 3701; Code 1886, 3386; Code 1896, 2132; Code 1907,
4268; Code 1923, 8009; Code 1940, T. 7, 972.)

Section 6-6-336

Extent of inquiry.
The estate or merits of the title cannot be inquired into on the trial of any complaint filed under this article,
but all legal and equitable defenses may be had against a recovery for damages or for the unlawful
detention of the land.

(Code 1852, 2859; Code 1867, 3307; Code 1876, 3704; Code 1886, 3389; Code 1896, 2135; Code 1907,
4271; Code 1923, 8012; Code 1940, T. 7, 975.)

Section 6-6-337

Proceedings upon determination for either plaintiff or defendant.
(a) If the judge determines in favor of the plaintiff, he must record the decision and enter judgment with
costs, upon which he must issue a writ of execution commanding the sheriff or the constable to restore the
plaintiff to possession or place him in possession of his lands and tenements according to complaint and to
levy on and sell a sufficiency of the defendant's goods and chattels, lands and tenements to satisfy the costs
of the proceedings. Successive writs may issue at any time when necessary to eject defendant or collect
costs and damages, and a defendant who refuses to obey the mandate of the writ as to the possession of the
property or who enters upon the premises without just cause or legal excuse after being ejected shall be
guilty of resisting an officer and contempt of court and shall be punished and fined accordingly, in the
discretion of the court issuing the process.
(b) If the judge determines in favor of the defendant, judgment must be entered in his favor for the costs,
upon which an execution may issue as in other cases.

(Code 1852, 2857, 2858; Code 1867, 3305, 3306; Code 1876, 3702, 3703; Code 1886, 3387, 3388; Code
1896, 2133, 2134; Code 1907, 4269, 4270; Code 1923, 8010, 8011; Code 1940, T. 7, 973, 974.)

Section 6-6-350

To circuit court from district court.
Any party may appeal from a judgment entered against him or her by a district court to the circuit court at
any time within 14 days after the entry thereof, and appeal and the proceedings thereon shall in all respects,
except as provided in this article, be governed by this code relating to appeal from district courts. However,
the clerk of the court shall schedule the action for trial as a preferred case, and it shall be set for trial within
60 days from the date of appeal.

(Code 1852, 2811, 2864; Code 1867, 3257, 3313; Code 1876, 3654, 3710; Code 1886, 3398; Code 1896,
2144; Code 1907, 4280; Code 1923, 8021; Code 1940, T. 7, 984; Acts 1996, No. 96-573, p. 880, 1.)

Section 6-6-351

Writs of restitution or possession - Suspension upon payment of rent by defendant.
(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).

(Code 1852, 2865; Code 1867, 3314; Code 1876, 3711; Code 1886, 3401; Code 1896, 2145; Code 1907,
4281; Code 1923, 8022; Code 1940, T. 7, 985; Acts 1996, No. 96-573, p. 880, 1.)

Section 6-6-352

Writs of restitution or possession - Issuance by circuit court.
In the event that the plaintiff is placed in possession under a writ of restitution or possession, and on appeal
the judgment is reversed and one entered for the defendant or the proceeding on appeal is quashed or
dismissed, the circuit court may award a writ of restitution or possession to restore him to possession as
against the plaintiff, but not as against a third party; but the issuance of the writ rests in the discretion of
the appellate court, and the circuit court may, in all cases, direct writs of restitution or possession to be
issued by the trial court when, in the judgment of the circuit court, such writ is proper or necessary.

(Code 1923, 8030; Code 1940, T. 7, 993.)

Section 6-6-353

Proceedings when determination is against appellant.
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.

(Code 1852, 2866, 2867; Code 1867, 3315, 3316; Code 1876, 3712, 3713; Code 1886, 3411; Code 1896,
2146; Code 1907, 4282; Code 1923, 8023; Code 1940, T. 7, 986.)




Section 24-8-7

Exemptions.
(a) Except for subdivision (3) of Section 24-8-4, Sections 24-8-4 and 24-8-6 do not apply to rooms or units
in dwellings containing living quarters occupied or intended to be occupied by no more than four families
living independently of each other, if the owner actually maintains and occupies one of the living quarters
as his or her residence.
(b) Sections 24-8-4 and 24-8-6 do not apply to any single-family house sold or rented by an owner when: 
(1) The private individual owner does not own more than three single-family houses at any one time;
and 
(2) In the sale of any single-family house by a private individual owner not residing in the house at the
time of the sale or who was not the most recent resident of the house before the sale, the exemption granted
by this subsection shall apply only with respect to one sale within a 24-month period; and 
(3) A bona fide private individual owner does not own an interest in, nor is there owned or reserved on
the owner's behalf, under any express or voluntary agreement, title to or a right to all or a portion of the
proceeds from the sale or rental of more than three single-family houses at any one time. 
(c) After August 8, 1991, the sale or rental of a single-family house is excepted from the application of this
subsection only if the house is sold or rented without both of the following: 
(1) The use in any manner of the sales or rental facilities or the sales or rental services of a real estate
broker, agent, or salesperson, or of the facilities or services of a person in the business of selling or renting
dwellings, or of an employee or agent of a broker, agent, salesperson, or person. 
(2) The publication, posting, or mailing, after notice, of an advertisement or written notice in violation
of this chapter. Nothing in this subsection prohibits the use of attorneys, escrow agents, abstractors, title
companies, and other professional assistance as necessary to perfect or transfer this title. 
(d) For the purposes of this section, a person is considered to be in the business of selling or renting
dwellings under any of the following circumstances: 
(1) The person has, within the preceding 12 months, participated as principal in three or more
transactions involving the sale or rental of any dwelling or any interest in it. 
(2) The person has, within the preceding 12 months, participated as agent, other than in the sale of his
or her personal residence, in providing sales or rental facilities or services in two or more transactions
involving the sale or rental of any dwelling or any interest in it. 
(3) The person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five
or more families. 
(e) This chapter shall not prohibit a religious organization, association, or society, or any nonprofit
institution or organization operated, supervised, or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental, or occupancy of any dwelling which it
owns or operates for other than a commercial purpose to persons of the same religion or from giving
preference to those persons, unless membership in the religion is restricted because of race, color, or
national origin. This chapter shall not prohibit a private club not in fact open to the public, which as an
incident to its primary purpose provides lodgings which it owns or operates for other than a commercial
purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to
its members.
(f) This chapter shall not prohibit conduct against a person because the person has been convicted by any
court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as
defined by law.
(g) For purposes of subdivision (6) of Section 24-8-4, the term "discrimination" includes any of the
following conduct: 
(1) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing
premises occupied or to be occupied by the person if the modifications are necessary to afford that person
full enjoyment of the premises, except that in the case of a rental, the landlord, where it is reasonable to do
so, may condition permission for a modification on the renter agreeing to restore the interior of the premises
to the condition that existed before the modification, reasonable wear and tear excepted. 
(2) A refusal to make reasonable accommodations in rules, policies, practices, or services when
accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling. 
(3) In connection with the design and construction of covered multifamily dwellings for first occupancy
after the date that is 30 months after the date of enactment of the Fair Housing Amendments Act of 1988, a
failure to design and construct those dwellings in such a manner that: 
a. The public use and common use portions of the dwelling are readily accessible to and usable by
handicapped persons; 
b. The dwelling has at least one building entrance on an accessible route unless it is impracticable to
do so because of the terrain or unusual characteristics of the site; 
c. All the doors designed to allow passage into and within all premises within the dwellings are
sufficiently wide to allow passage by handicapped persons in wheelchairs; and 
d. All premises within these dwellings contain the following features of adaptive design: 
1. An accessible route into and through the dwelling; 
2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible
locations; 
3. Reinforcements in the bathroom walls to allow later installation of grab bars; and 
4. Usable kitchens and bathrooms that an individual in a wheelchair can maneuver about the
space. 
(h) Compliance with the appropriate requirements of the American National Standard for Buildings and
Facilities Providing Accessibility and Usability for Physically Handicapped People (commonly cited as
"ANSI A117.1") suffices to satisfy the requirements of subsection (g)(3)d. 
(1) If a unit of local government has incorporated into its laws the requirements in subsection (g)(3),
compliance with these laws is considered to satisfy the requirements. 
(2) A unit of local government may review and approve newly constructed covered multifamily
dwellings for the purpose of making determinations as to whether the design and construction requirements
of subsection (g)(3) are met. 
(3) The office shall encourage, but may not require, units of local government to include in their existing
procedures for the review and approval of newly constructed covered multifamily dwellings, determinations
as to whether the design and construction of these dwellings are consistent with subsection (g)(3), and shall
provide technical assistance to units of local government and other persons to implement the requirements
of subsection (g)(3). 
(4) Nothing in this chapter shall be construed to require the office to review or approve the plans,
designs, or construction of all covered multifamily dwellings, to determine whether the design and
construction of these dwellings are consistent with the requirements of subsection (g)(3). 
(i) 
(1) Nothing in subsection (h) shall be construed to affect the authority and responsibility of the Attorney
General to receive and process complaints or otherwise engage in enforcement activities under this chapter. 
(2) Determinations by the unit of local government under subsection (h) are not conclusive in
enforcement proceedings under this chapter. 
(j) Nothing in this chapter shall be construed to invalidate or limit any rule, regulation, resolution, or
ordinance of a political subdivision of the state that requires dwellings to be designed and constructed in a
manner that affords handicapped persons greater access than is required by this chapter.
(k) Nothing in this chapter with respect to discrimination based on handicap requires that a dwelling be
made available to an individual whose occupancy would constitute a direct threat to the health or safety of
other individuals or whose occupancy would result in substantial physical damage to the property of others.
(l) Nothing in this chapter limits the applicability of any reasonable local, state, or federal restrictions
regarding the maximum number of occupants permitted to occupy a dwelling. Owners and managers of
dwellings may develop and implement reasonable occupancy and safety standards based on factors such as
the number and size of sleeping areas or bedrooms and the overall size of a dwelling unit so long as the
standards do not violate local, state, or federal restrictions. The provisions in this chapter regarding familial
status shall not apply to housing for older persons. This chapter shall not prohibit the lease application or
similar document from requiring information concerning the number, age, sex, and familial relationship of
the applicants and the dwellings' intended occupants. The owner or manager may consider these factors in
determining payment of utilities. The application also may require disclosure by the applicant of the
conviction of any intended occupant for violating any laws pertaining to the illegal manufacture or
distribution of a controlled substance as defined in Title 22.
(m) Section 24-8-4 with respect to discrimination based on sex does not apply to the rental or leasing of
dwellings in a single-sex dormitory property.

(Acts 1991, No. 91-659, p. 1248, 7; Acts 1995, No. 95-676, p. 1472, 1; Acts 1996, No. 96-261, p. 307, 1.)

Article 1 General Provisions 
Section 35-9-1 Tenant stopped to deny landlord's title 
Section 35-9-2 When tenant at will entitled to emblements 
Section 35-9-3 Duration of tenancy when time for termination not specified— Generally 
Section 35-9-4 Duration of tenancy when time for termination not specified— Hiring of
lodgings for indefinite term 
Section 35-9-5 Notice to terminate tenancy for term less than one year 
Section 35-9-6 Notice to quit for breach or default of terms of lease 
Section 35-9-7 Service of demand or notice 
Section 35-9-8 Notice unnecessary when tenancy is for certain period 
Section 35-9-9 Remedies extended to lessor's grantees, etc 
Section 35-9-10 Remedies extended to lessee's grantees 
Section 35-9-11 Right of landlord to enforce lien against sublessees or assignees 
Section 35-9-12 Seizure of crops upon abandonment of premises 
Section 35-9-13 Recovery of rent upon death of life tenant who has demised estate 
Article 2 Liens of Landlord 
Division 1 Liens for Advances and Rent of Lands 
Section 35-9-30 Lien declared 
Section 35-9-31 Maturity of rent and advances 
Section 35-9-32 Continuation of lien and attachment to crop of succeeding year 
Section 35-9-33 Assignment of claim for rent and advances 
Section 35-9-34 When lien may be enforced by attachment 
Section 35-9-35 Affidavit and bond 
Section 35-9-36 Issuance and return of attachment; trial; property leviable 
Section 35-9-37 Relation between party furnishing land and party furnishing labor 
Section 35-9-38 Failure or refusal of tenant to plant crop 
Section 35-9-39 Levy upon crop of subtenant 
Section 35-9-40 Subrogation of subtenant to rights, liens and remedies of landlord 
Section 35-9-41 Right of subtenant to require attachment against tenant in chief 
Section 35-9-42 Applicability of division to tenant in chief and subtenant 
Division 2 Liens for Rent of Buildings 
Section 35-9-60 Lien declared 
Section 35-9-61 When lien may be enforced by attachment 
Section 35-9-62 Affidavit and bond 
Section 35-9-63 Property leviable; priority of lien 
Section 35-9-64 Law governing proceedings 
Section 35-9-65 Lien, rights and remedies vested in assignee of claim for rent 
Article 3 Possession Wrongfully Withheld 
Section 35-9-80 Demand for premises 
Section 35-9-81 Issuance of writ or process 
Section 35-9-82 Service of writ or process 
Section 35-9-83 Removal to circuit court 
Section 35-9-84 Arrest of proceedings 
Section 35-9-85 Trial upon delivery of counter affidavit 

Section 35-9-87 Appeals 
Section 35-9-88 Fees 
Article 4 Use and Occupation 
Section 35-9-100 When reasonable satisfaction may be recovered 

Section 35-9-1

Tenant estopped to deny landlord's title.
The tenant cannot dispute his landlord's title, nor attorn to another claimant while in possession, except in
cases provided otherwise in this Code.

(Code 1907, 4731; Code 1923, 8796; Code 1940, T. 31, 1.)

Section 35-9-2

When tenant at will entitled to emblements.
The tenant at will is entitled to his emblements, if the crop is sowed before notice to quit by the landlord, or
the tenancy otherwise suddenly terminated, as by sale of the estate by the landlord, or by judicial sale, or
death of the landlord or tenant.

(Code 1907, 4733; Code 1923, 8798; Code 1940, T. 31, 2.)

Section 35-9-3

Duration of tenancy when time for termination not specified - Generally.
Where no time is specified for the termination of tenancy, the law construes it to be from December 1 to
December 1 but if it is expressly a tenancy at will, then either party may terminate it at will, by 10 days'
notice in writing.

(Code 1907, 4732; Code 1923, 8797; Acts 1935, No. 94, p. 158; Code 1940, T. 31, 3.)

Section 35-9-4

Duration of tenancy when time for termination not specified - Hiring of lodgings for
indefinite term.
A hiring of lodgings or a dwelling house for an unspecified term is presumed to have been made for such
length of time as the parties adopt for the estimation of the rent. Thus a hiring at a monthly rate of rent is
presumed to be for one month. In the absence of any agreement respecting the length of time for the rent,
the hiring is presumed to be monthly.

(Code 1923, 8821; Code 1940, T. 31, 4.)

Section 35-9-5

Notice to terminate tenancy for term less than one year.
In all cases of tenancy by the month or for any other term less than one year, where the tenant holds over
without special agreement, the landlord shall have the right to terminate the tenancy by giving the tenant 10
days' notice in writing of such termination, and the landlord upon giving said notice for said time shall be
authorized without further notice to the tenant to recover possession of the rented premises in an action of
unlawful detainer.

(Code 1923, 8822; Acts 1932, Ex. Sess., No. 13, p. 14; Code 1940, T. 31, 5.)

Section 35-9-6

Notice to quit for breach or default of terms of lease.
When default is made in any of the terms of a lease, it shall not be necessary to give more than 10 days'
notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice
to quit at any time after such default in any of the terms of such lease; which notice may be substantially in
the following form:"To A. B.:You are hereby notified that in consequence of your default in (here insert the
character of the default) of the premises now occupied by you, being (here describe the premises), I have
elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to
me within 10 days of this date. Dated this _______________ day of _______________." To be signed by
the lessor or his agent; and no other notice or demand of possession or termination of such tenancy shall be
necessary to maintain unlawful detainer

(Code 1923, 8823; Code 1940, T. 31, 6.)

Section 35-9-7

Service of demand or notice.
(a) Any demand may be made or notice served by delivering a written or printed, or partly written and
printed, copy thereof to the tenant, or by leaving the same with some person above the age of 18 years,
residing on or in possession of the premises; and in case no one is in the actual possession of said premises,
then by posting the same on the premises.
(b) When any such demand is made or notice served by an officer authorized to serve process, his return
shall be prima facie evidence of the facts therein stated, and if such demand is made or notice served by any
person not an officer, the return may be sworn to by the person serving the same, and shall then be prima
facie evidence of the facts therein stated.

(Code 1923, 8824, 8825; Code 1940, T. 31, 7, 8.)

Section 35-9-8

Notice unnecessary when tenancy is for certain period.
When a tenancy is for a certain period, and the term expires by the terms of the lease, the tenant is then
bound to surrender possession, and no notice to quit or demand of possession is necessary.

(Code 1923, 8826; Code 1940, T. 31, 9.)

Section 35-9-9

Remedies extended to lessor's grantees, etc.
The grantees of any demised lands, tenements, rents or other hereditaments, or of the reversion thereof, the
assignees of the lessor of any demise, and the heirs and personal representatives of the lessor, grantee or
assignee, shall have the same remedies by entry, action or otherwise, for the nonperformance of any
agreement in the lease, or for the recovery of any rent, or for the doing of any waste or other cause of
forfeiture, as their grantor or lessor might have had if such reversion had remained in such lessor or
grantor.

(Code 1923, 8827; Code 1940, T. 31, 10.)

Section 35-9-10

Remedies extended to lessee's grantees.
The lessees of any lands, their assigns or personal representatives, shall have the same remedy, by action or
otherwise, against the lessor, his grantees, his assignees or his or their representatives, for the breach of any
agreement in such lease, as such lessee might have had against his immediate lessor; but this section shall
have no application to the covenants against incumbrances, or relating to the title or possession of the
premises demised.

(Code 1923, 8828; Code 1940, T. 31, 11.)

Section 35-9-11

Right of landlord to enforce lien against sublessees or assignees.
In all cases when the demised premises shall be sublet, or the lease is assigned, the landlord shall have the
same right to enforce his lien against the sublessee or assignee, that he has against the tenant to whom the
premises were demised.

(Code 1923, 8829; Code 1940, T. 31, 12.)

Section 35-9-12

Seizure of crops upon abandonment of premises.
When a tenant abandons or removes from the premises or any part thereof, the landlord or his agent or
attorney may seize upon any grain or other crops grown or growing upon the premises or part thereof so
abandoned, whether the rent is due or not. If such grain or other crops or any part thereof is not fully grown
or matured, the landlord or his agent or attorney may cause the same to be properly cultivated and
harvested or gathered, and may sell and dispose of the same, and apply the proceeds, so far as may be
necessary, to compensate him for his labor and expenses and to pay the rent and advances. The tenant may,
at any time before the sale of the property so seized, redeem the same by tendering the rent and advances
due and reasonable compensation, and expenses of the cultivation and harvesting or gathering the same.

(Code 1923, 8830; Code 1940, T. 31, 13.)

Section 35-9-13

Recovery of rent upon death of life tenant who has demised estate.
When a tenant for life shall demise any lands and shall die on or after the day when any rent becomes due
and payable, his executors or administrators may recover from the under-tenant the whole rent due, but if
any such tenant for life shall die before the day when any rent is to become due, his executors or
administrators may recover the proportion of rent which accrued before his death, and the remainderman
shall recover for the residue.

(Code 1923, 8831; Code 1940, T. 31, 14.)

Section 35-9-30

Lien declared.
A landlord has a lien, which is paramount to, and has preference over, all other liens, on the crop grown on
rented lands for rent for the current year, and for advances made in money, or other thing of value, either
by him directly, or by another at his instance or request for which he became legally bound or liable at or
before the time such advances were made, for the sustenance or well-being of the tenant or his family, or
for preparing the ground for cultivation, or for cultivating, gathering, saving, handling or preparing the
crop for market; and also on all articles advanced, and on all property purchased with money advanced or
obtained by barter in exchange for articles advanced, for the aggregate price or value of such articles and
property.

(Code 1876, 3467; Code 1886, 3056; Code 1896, 2703; Code 1907, 4734; Code 1923, 8799; Code 1940, T.
31, 15.)

Section 35-9-31

Maturity of rent and advances.
Unless otherwise stipulated, such rent and advances shall become due and payable on November 1 of the
year in which the crop is grown.

(Code 1876, 3468; Code 1886, 3057; Code 1896, 2704; Code 1907, 4735; Code 1923, 8800; Code 1940, T.
31, 16.)

Section 35-9-32

Continuation of lien and attachment to crop of succeeding year.
When the tenant fails to pay any part of such rent or advances, and continues his tenancy under the same
landlord, on the same or other lands, the balance due therefor shall be held and treated as advances to him
by the landlord for the next succeeding year, for which the original lien for advances, if any remain unpaid,
shall continue on the articles advanced, or property purchased with money advanced, or obtained by barter
in exchange for articles advanced, and for which a lien shall also attach to the crop of such succeeding
year.

(Code 1876, 3469; Code 1886, 3058; Code 1896, 2705; Code 1907, 4736; Code 1923, 8801; Code 1940, T.
31, 17.)

Section 35-9-33

Assignment of claim for rent and advances.
The claim of the landlord for rent and advances, or for either, may be by him assigned; and the assignee
shall be invested with all the landlord's rights, and entitled to all his remedies for their enforcement.

(Code 1876, 3470; Code 1886, 3059; Code 1896, 2706; Code 1907, 4737; Code 1923, 8802; Code 1940, T.
31, 18.)

Section 35-9-34

When lien may be enforced by attachment.
The landlord, or his assignee, may have process of attachment for the enforcement of his lien for rent and
advances, or either, when such rent and advances, or either, as the case may be, are due and the tenant fails
or refuses, after demand made, to pay the same; and also in the following cases, whether such rent and
advances, or either, are due or not: 
(1) When there is good cause to believe that the tenant or subtenant is about to remove from the
premises, or otherwise dispose of any part of the crop, without paying such rent and advances, or either,
and without the consent of the landlord, or of the assignee, when the claim has been assigned. 
(2) When the tenant or subtenant has removed from the premises, or otherwise disposed of any part of
the crop without paying such rent and advances, or either, and without the consent of the landlord, or of the
assignee, when the claim has been assigned. 
(3) When the tenant or subtenant has disposed of, or there is good cause to believe that he is about to
dispose of, any of the articles advanced or obtained by purchase with money advanced, or by barter in
exchange for any article advanced, in fraud of the rights of the landlord, or of his assignee, as the case may
be. 

(Code 1876, 3472; Code 1886, 3061; Code 1896, 2708; Code 1907, 4739; Code 1923, 8804; Code 1940, T.
31, 20.)

Section 35-9-35

Affidavit and bond.
Before such attachment is issued, the plaintiff, or his agent or attorney must make affidavit, setting forth
the amount that is or will be due for rent and advances, or either, as the case may be, or, if the rent is not
payable in money, the value of the part of the crop or other things agreed to be paid as rent, that one of the
causes for issuing an attachment prescribed in section 35-9-34 exists, and that the attachment is not sued
out for the purpose of vexing or harassing the defendant; and must also execute a bond in double the
amount claimed, with sufficient surety, payable to the defendant, and with condition that the plaintiff will
prosecute the attachment to effect, and pay the defendant all such damages as he may sustain from the
wrongful or vexatious suing out of such attachment.

(Code 1876, 3473; Code 1886, 3062; Code 1896, 2709; Code 1907, 4740; Code 1923, 8805; Code 1940, T.
31, 21.)

Section 35-9-36

Issuance and return of attachment; trial; property leviable.
Such attachment may be issued by any officer authorized to issue attachment in other cases, and made
returnable before any court of competent jurisdiction, and must be tried in the same manner, and upon the
same notice, as other attachment proceedings are tried, and may be levied on the crop, or the proceeds
thereof, and on the articles advanced, and property purchased with money advanced or obtained by barter
in exchange for articles advanced.

(Code 1876, 3473; Code 1886, 3063; Code 1896, 2710; Code 1907, 4741; Code 1923, 8806; Code 1940, T.
31, 22.)

Section 35-9-37

Relation between party furnishing land and party furnishing labor.
When one party furnishes the land and the other party furnishes the labor to cultivate it, with stipulations,
express or implied, to divide the crop between them in certain proportions, the relation of landlord and
tenant, with all its incidents, and to all intents and purposes, shall be held to exist between them; and the
portion of the crop to which the party furnishing the land is entitled shall be held and treated as the rent of
the land; and this shall be true whether or not by express agreement or by implication the party furnishing
the land is to furnish all or a portion of the teams to cultivate it, all or a portion of the feed for the teams, all
or a portion of the planting seed, all or a portion of the fertilizer to be used on the crop or pay for putting in
marketable condition his proportion of the crop after the same has been harvested by the tenant.

(Code 1876, 3474, 3475; Code 1886, 3064, 3065; Code 1896, 2711, 2712; Code 1907, 4742, 4743; Acts
1915, No. 63, p. 112; Acts 1915, No. 89, p. 134; Code 1923, 8807; Code 1940, T. 31, 23.)

Section 35-9-38

Failure or refusal of tenant to plant crop.
In any case in which a tenant of farm lands shall fail or refuse, without just cause or excuse, to prepare the
land and plant his crops, or a substantial portion of such crops to be grown as are usually planted by that
time, on or before March 20, he may, at the election of the landlord, be required to surrender and vacate the
rented premises, and upon making such election, and upon notice thereof to the tenant, the landlord may
proceed to recover possession of the rented premises by an action of unlawful detainer.

(Acts 1915, No. 709, p. 808; Code 1923, 8808; Acts 1931, No. 353, p. 410; Code 1940, T. 31, 24.)

Section 35-9-39

Levy upon crop of subtenant.
When lands are cultivated by a subtenant, and an attachment or other process is sued out by the superior
landlord, or his assignee, for the purpose of enforcing his lien for rent and advances, or either, the crop of
the tenant in chief must first be exhausted, before levy is made on the crop of the subtenant; but if the
tenant in chief makes no crop, or if the crop made by him is not sufficient to satisfy the plaintiff's demand,
then a sufficient amount of the crop of the subtenant may be levied on to supply the deficiency; and any
levy made in violation of this section may be vacated on motion, at the first session of the court thereafter.

(Code 1876, 3476; Code 1886, 3066; Code 1896, 2713; Code 1907, 4744; Code 1923, 8810; Code 1940, T.
31, 25.)

Section 35-9-40

Subrogation of subtenant to rights, liens and remedies of landlord.
Any subtenant who pays or discharges any debt or lien which the landlord has against the tenant in chief,
by contract, judicial process or otherwise, shall be subrogated to the rights, liens and remedies, which the
landlord had against the tenant in chief as to such debt or lien so paid or satisfied, or he may set off such
debt, claim or demand so paid or discharged by him against any claim, debt or demand which the tenant in
chief may have against such subtenant.

(Code 1923, 8811; Code 1940, T. 31, 26.)

Section 35-9-41

Right of subtenant to require attachment against tenant in chief.
The subtenant may notify the superior landlord, or his assignee, of the existence of any one of the several
causes authorizing the issue of an attachment against the crop of the tenant in chief and if such notice is
given, and an affidavit is made by the subtenant before an officer authorized by law to administer oaths,
setting forth the existence of any one of such causes, and is served by the subtenant, in person, or by his
agent, on such landlord, or his assignee, at the time the notice is given, and the landlord, or his assignee,
fails or refuses to proceed within a reasonable time thereafter against the crop of the tenant in chief, he
thereby loses his right to proceed against the crop of the subtenant for any deficiency in the crop of the
tenant in chief to satisfy his claim, insofar as that deficiency resulted from such failure or refusal to
proceed.

(Code 1876, 3477; Code 1886, 3067; Code 1896, 2714; Code 1907, 4745; Code 1923, 8812; Code 1940, T.
31, 27.)

Section 35-9-42

Applicability of division to tenant in chief and subtenant.
The provisions of this division shall apply to parties occupying the relation of tenant in chief and subtenant.

(Code 1876, 3478; Code 1886, 3068; Code 1896, 2715; Code 1907, 4746; Code 1923, 8813; Code 1940, T.
31, 28.)

Section 35-9-60

Lien declared.
The landlord of any storehouse, dwelling house or other building shall have a lien on the goods, furniture
and effects belonging to the tenant, and subtenant, for his rent, which shall be superior to all other liens,
except those for taxes, and except as otherwise provided in section 7-9-310(2). In case the tenant or
subtenant is adjudged a bankrupt, such lien on such goods, furniture and effects of the bankrupt, except for
a dwelling house, used exclusively as a dwelling, shall, as against the trustee in bankruptcy, attach only for
unpaid rent accrued and which shall accrue within six months from the date of adjudication computed pro
rata at the then current rate. The lien amount accrued and to accrue shall not be increased by reason of any
default or breach of contract by the bankrupt. From the amount of such lien, so computed, the trustee in
bankruptcy may deduct all payments and all demands which could be legally set up against the landlord by
way of counterclaim. If the trustee in bankruptcy shall dispose of the lease as an asset of the bankrupt
estate, then the landlord shall have a lien on the goods, furniture and effects of any person holding under the
trustee in bankruptcy.

(Code 1886, 3069; Code 1896, 2716; Code 1907, 4747; Acts 1919, No. 134, p. 116; Code 1923, 8814; Code
1940, T. 31, 29; Acts 1981, No. 81-312, p. 399, 7-11-109(1).)

Section 35-9-61

When lien may be enforced by attachment.
The landlord shall have the right, for the enforcement of such lien, to sue out an attachment before any
officer authorized to issue attachments, and returnable to any court having jurisdiction of the amount
claimed, when the rent, or any installment thereof, is due, and the tenant fails or refuses, on demand, to pay
such rent or installment; and also in the following cases, whether due or not: 
(1) When the tenant has fraudulently disposed of his goods, or is about to fraudulently dispose of his
goods. 
(2) When the tenant has made an assignment for the benefit of his creditors. 
(3) When the tenant has made a complete transfer of all, or substantially all, of his goods, or removes or
attempts to remove all or substantially all of his goods, from the rented premises, without the consent of the
landlord, or without first having paid the rent in full for the term. 

(Code 1886, 3070; Code 1896, 2717; Code 1907, 4748; Code 1923, 8815; Code 1940, T. 31, 30.)

Section 35-9-62

Affidavit and bond.
Before such attachment is issued, the plaintiff, or his agent or attorney, must make affidavit, setting forth
the amount that is, or will be, due for the rent, that one of the causes for issuing an attachment prescribed in
section 35-9-61 exists, and that the attachment is not sued out for the purpose of vexing or harassing the
defendant; and must also execute a bond in double the amount claimed, payable to the defendant, with
sufficient surety, and with condition that the plaintiff will prosecute the attachment to effect, and pay the
defendant all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.

(Code 1886, 3071; Code 1896, 2718; Code 1907, 4749; Code 1923, 8816; Code 1940, T. 31, 31.)

Section 35-9-63

Property leviable; priority of lien.
Such attachment may be levied on so much of the goods, furniture and effects of the tenant as will satisfy
the plaintiff's demand for rent; and such levy shall have priority over the levy of any other attachment on
such goods, furniture and effects in favor of any other creditor.

(Code 1886, 3072; Code 1896, 2719; Code 1907, 4750; Code 1923, 8817; Code 1940, T. 31, 32.)

Section 35-9-64

Law governing proceedings.
The law governing the issue, levy, trial and other proceedings in attachment proceedings in general, not
inconsistent with the provisions of this division, shall govern in all cases arising under this division.

(Code 1886, 3073; Code 1896, 2720; Code 1907, 4751; Code 1923, 8818; Code 1940, T. 31, 33.)

Section 35-9-65

Lien, rights and remedies vested in assignee of claim for rent.
The lien provided in this division shall vest in any assignee of the claim for rent; and such assignee shall be
invested with all the rights of the landlord, and entitled to all his remedies for their enforcement.

(Code 1886, 3074; Code 1896, 2721; Code 1907, 4752; Code 1923, 8819; Code 1940, T. 31, 34.)

Section 35-9-80

Demand for premises.
In all cases where a tenant shall hold possession of lands or tenements over and beyond the term for which
the same were rented or leased to him, or after his right of possession has terminated or been forfeited, and
the owner of the lands or tenements shall desire possession of the same, such owner may by himself, his
agent or attorney-in-fact or attorney-at-law demand the possession of the property so rented, leased, held or
occupied; and if the tenant refuses or omits to deliver possession when so demanded, the owner, his agent
or attorney-at-law or attorney-in-fact may go before the district court in the county in which the land lies,
and make oath of the facts.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 35.)

Section 35-9-81

Issuance of writ or process.
When the affidavit provided for in section 35-9-80 shall be made, the district court before whom it was
made shall grant and issue a writ or process directed to the sheriff or his deputy or any lawful constable of
the county where the land lies, commanding and requiring him to deliver to the owner or his representative
full and quiet possession of the lands or tenements mentioned in the affidavit, removing the tenant with his
property found thereon away from the premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 36.)

Section 35-9-82

Service of writ or process.
It shall be the duty of the officer in whose hands the writ or process provided by section 35-9-81 may be
placed to serve a copy of same at once on the defendant, together with notice that after the expiration of
seven days, said officer will proceed with the execution of such writ or process. If the officer is unable to
serve the defendant personally, service may be had by delivering the writ or process to any person who is
sui juris residing on the premises, or if after reasonable effort no such person is found residing on the
premises, by posting a copy of the writ or process on the door of the premises, and on the same day of such
posting, or by the close of the next business day, the sheriff, the constable, the person filing the complaint,
or anyone on behalf of such person, shall mail a copy of the writ or process by enclosing, directing,
stamping and mailing by first class mail a copy of the writ or process to the defendant at the mailing
address of the premises and if there is no mailing address for the premises to the last known address, if any,
of the defendant and making an entry of this action on the affidavit filed in the case and service of the notice
by posting shall be complete as of the date of mailing said notice; and unless a counter affidavit, as
provided by section 35-9-84, is filed with said officer within that time, it shall then be his duty to proceed
forthwith to execute said writ or process.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 38; Acts 1990, No. 90-218, p. 255.)

Section 35-9-83

Removal to circuit court.
Any defendant in any such action may remove such action from the district court before whom the same is
brought, to the circuit court of the county in which the real estate sued for is situated, in like manner and
upon like proceedings as actions for forcible entry and detainer or unlawful detainer may now be so
removed, and the trial of any such case so removed shall be conducted under like procedure and with like
issues as now provided for the trial of actions of forcible entry and detainer or of unlawful detainer so
removed.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 44.)

Section 35-9-84

Arrest of proceedings.
The tenant may arrest the proceedings and prevent the removal of himself and goods from the land by
declaring on oath that his lease or term of rent has not expired, and that he is not holding possession of the
premises over and beyond his term, or that his right of possession has not terminated or been forfeited, and
that he still has a good and lawful right to the possession of said premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 37.)

Section 35-9-85

Trial upon delivery of counter affidavit.
If the counter affidavit provided in section 35-9-84 be made and delivered to the sheriff or deputy sheriff or
constable, the tenant shall not be removed, but the officer shall immediately return the proceedings to the
court which issued said writ or process, and the fact or facts in issue shall be there tried by said court, and
shall stand for trial on the third day after the delivery to said sheriff or deputy sheriff or constable of such
counter affidavit, Sundays and legal holidays excepted.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 39.)

Section 35-9-86

Judgment for landlord.

If the issues specified in section 35-9-85 shall be determined against the tenant, judgment shall go against
him, and the movant or plaintiff shall, after the expiration of one day after judgment, have a writ of
possession and, without further delay, be by the sheriff, deputy or constable placed in full possession of the
premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 40.)

Section 35-9-87

Appeals.
(a) Any party may appeal from a judgment entered against him by any district court, to the circuit court, at
any time within one day after the entry thereof, and such appeal and the proceedings thereon shall in all
respects be governed by the law relating to appeals from district courts.
(b) An appeal does not prevent the issuance of a writ of restitution or possession unless the defendant also
executes a supersedeas bond with sufficient sureties, payable to the sheriff, in the sum of twice the yearly
value of the rent of the premises, to be ascertained by the court, with condition to pay the plaintiff all such
damages as he may sustain by the prosecution of the appeal.
(c) Upon the trial in circuit court, the judgment, if against the appellant, must be entered against him and
the sureties on the appeal bond, including the costs in both courts, and if the appeal was taken 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.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 41-43.)

Section 35-9-88

Fees.
In proceedings under this article, the following fees shall be allowed: 

(1) To witnesses, the same fees as are allowed by law in the circuit court; 
(2) To the sheriff or constable, for serving the original writ or process and return, $1.00; 
(3) For receiving counter affidavit and returning the same, $.50; 
(4) For executing the writ or process or judgment by placing the plaintiff in possession, $2.00; 
(5) For making money on execution, serving subpoenas, etc., the same fees as in cases in the circuit
court; 
(6) To the district court, for issuing the original writ or process, $.50; 
(7) For receiving and filing the counter affidavit, $.50; 
(8) For entering final judgment, $1.00; 
(9) For issuing writ of possession and execution, $.50; 
(10) For approving appeal bond and preparing transcript on appeal, $1.00. 

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 45.)

Section 35-9-100

When reasonable satisfaction may be recovered.
A reasonable satisfaction may be recovered for the use and occupation of land: 

(1) When there has been a demise by deed or by parol, and no specific sum agreed on as rent. 
(2) When the defendant has been let into possession upon a supposed sale of the lands, which, from the
act of the defendant, has not been consummated. 
(3) When the tenant remains on the land by sufferance of the owner. When, after a demise, the tenant,
having had 30 days' previous notice, holds over without the consent of his landlord, he shall pay to such
landlord double the value of the customary rent of the property so withheld. 
(4) When the defendant has gone in possession of the land unlawfully. The owner of the land has a lien
upon the same property of the defendant, and to the same extent as the landlord has under section 35-9-30
or section 35-9-60, which may be enforced by attachment as provided in section 35-9-61 or section
35-9-34, as may be applicable. 
(5) When for any reason the defendant is estopped from disputing the title of the plaintiff as to the use
of the land occupied. In no case shall a mere claim or assertion of powers, right or title of the defendant to
that of the plaintiff be a defense unless the claim of right or title of the defendant is bona fide. 

(Code 1852, 2206; Code 1867, 2607; Code 1876, 2956; Code 1886, 2715; Code 1896, 2722; Code 1907,
4753; Code 1923, 8820; Code 1940, T. 31, 46.)