Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-38
Failure or Refusal of Tenant to Plant Crop.
Operative Text
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.
Under Alabama Code § 35-9-38, a farm tenant who fails or refuses—without just cause or excuse—to prepare the land and plant a substantial portion of the expected crops by March 20 may lose the right to remain on the rented premises. The provision gives the landlord the option, but not the obligation, to declare the tenancy forfeited and pursue legal possession through an unlawful detainer action. The rule applies specifically to agricultural tenancies and ties a key deadline—March 20—to the tenant's planting obligations.
Plain English — not legal advice.
Under § 35-9-38 of the Alabama Code, a landlord who observes that a farm tenant has not prepared the land or planted a substantial portion of the expected crops by March 20, without just cause, has the option to elect to terminate the tenancy. Compliant operators generally document the state of the fields around the deadline, provide proper notice of their election to the tenant, and then pursue an unlawful detainer action through the appropriate court if the tenant does not vacate. Because the election and notice steps are prerequisites to the legal action, operators typically ensure both are completed before initiating court proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 35-9-38 recognizes that a farm tenant may have 'just cause or excuse' for not meeting the March 20 planting deadline, which can serve as a defense against a landlord's attempt to recover possession. If a landlord moves to terminate the tenancy under this provision, a tenant may raise the existence of such cause or excuse as part of any unlawful detainer proceeding. Tenants facing this situation may benefit from consulting a tenant-rights organization or a licensed Alabama attorney to understand what circumstances courts have recognized as sufficient justification under this section.
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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