Ala. Code §§ 35-4-6, 35-4-32, 35-4-51.1 § 35-4-6
Maximum Term of Leasehold Estate; Acknowledgment or Approval and Recordation of Leases for More Than 20 Years.
Operative Text
No leasehold estate can be created for a longer term than 99 years. Leases for more than 20 years shall be void for the excess over said period unless the lease or a memorandum thereof is acknowledged or approved as required by law in conveyances of real estate and recorded within one year after execution in the office of the judge of probate in the county in which the property leased is situated.
Under Ala. Code §§ 35-4-6, 35-4-32, and 35-4-51.1, Alabama law caps the maximum duration of any leasehold estate at 99 years. When a lease runs longer than 20 years, the portion of the term exceeding 20 years is legally void unless the lease—or a memorandum of it—is properly acknowledged or approved (in the same manner required for real estate conveyances) and recorded in the probate court of the county where the property is located within one year of the lease's execution. In short, a long-term lease that skips the recording step is only enforceable up to the 20-year mark.
Plain English — not legal advice.
Property owners and managers entering into leases longer than 20 years generally ensure compliance with Ala. Code §§ 35-4-6, 35-4-32, and 35-4-51.1 by having the lease or a proper memorandum of it acknowledged or approved in the manner required for real estate conveyances and then recorded with the county probate judge within one year of signing. Operators also keep the total lease term at or under 99 years, since any term beyond that ceiling is not permitted under Alabama law. Maintaining dated copies of the recorded instrument helps document timely compliance with the one-year recording window.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants holding or negotiating leases longer than 20 years in Alabama should be aware that Ala. Code §§ 35-4-6, 35-4-32, and 35-4-51.1 protect the full term of such a lease only when it has been properly acknowledged and recorded in the county probate office within one year of execution. If that recording step was not completed, the lease term beyond 20 years may be unenforceable, which could affect long-term occupancy rights. Tenants with questions about whether their lease was properly recorded can check probate court records directly or consult a tenant-rights organization familiar with Alabama property law.
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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