Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-32
Continuation of Lien and Attachment to Crop of Succeeding Year.
Operative Text
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.
Under Alabama Code § 35-9-32, when a tenant who owes unpaid rent or advances continues farming under the same landlord—whether on the same land or different land—the outstanding balance does not simply carry over as old debt. Instead, the law recharacterizes that unpaid balance as an advance made to the tenant for the next crop year. The landlord's existing lien on any previously advanced goods (or property acquired through those advances) remains in force, and a new lien automatically attaches to the following year's crop as well.
Plain English — not legal advice.
Under § 35-9-32, landlords who allow a tenant with an unpaid balance to continue into a new crop year should understand that Alabama law automatically treats that balance as an advance for the succeeding year, extending lien rights into the new season. Compliant operators typically maintain clear, written records of all advances, unpaid balances, and the goods or property those advances were used to obtain, so that lien rights on both the original articles and the new crop can be documented and enforced if necessary. Because the lien attaches to the succeeding year's crop by operation of law, landlords generally ensure their records reflect the continuity of the tenancy and the carryover balance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35-9-32 of the Alabama Code affects tenants who carry an unpaid rent or advance balance into a new crop year with the same landlord: the law treats that balance as a fresh advance, and the landlord's lien rights extend to the new year's crop automatically. Tenants in this situation have an interest in understanding exactly what balances are being carried forward and what property or crops may be subject to a lien, since the recharacterization happens by operation of law rather than by a new agreement. Tenant-rights organizations or legal aid services familiar with Alabama agricultural tenancy law can help explain how § 35-9-32 may apply to a particular tenancy arrangement and what options exist for addressing outstanding balances.
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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