Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-61
When Lien May Be Enforced by Attachment.
Operative Text
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.
Under Alabama Code § 35-9-61, a landlord holding a lien on a tenant's property has the legal mechanism to enforce that lien by seeking an attachment order from a court with proper jurisdiction. This remedy becomes available when rent or an installment is overdue and unpaid after demand, but it can also be triggered—even before rent is due—in specific circumstances: when a tenant has fraudulently disposed of or is about to fraudulently dispose of goods, has made a general assignment for the benefit of creditors, or has transferred or removed all or substantially all goods from the premises without the landlord's consent or without paying rent in full. The provision essentially allows courts to seize or hold a tenant's property as security for unpaid rent obligations under defined conditions.
Plain English — not legal advice.
Alabama Code § 35-9-61 gives property owners a procedural tool to protect their lien rights by pursuing an attachment through a court of competent jurisdiction. Compliant operators who believe a tenant has fraudulently moved assets, made a creditor assignment, or is removing goods without settling rent obligations typically document these circumstances carefully before approaching an officer authorized to issue attachments. Because the attachment process involves judicial oversight and specific legal prerequisites, operators generally work with legal counsel familiar with Alabama landlord-tenant lien law before initiating proceedings under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 35-9-61 outlines the limited circumstances under which a landlord may seek a court-ordered attachment of a tenant's goods to enforce a rent lien—circumstances that include fraud, creditor assignments, or unauthorized removal of property. Tenants should be aware that this remedy is not automatic; it requires the landlord to go before an authorized officer and a court, meaning there are procedural checkpoints where a tenant may have an opportunity to respond or contest the action. Tenants who believe an attachment has been improperly sought under this section may benefit from consulting a tenant-rights organization or legal aid provider 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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