Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-424
Waiver of Landlord’s Right to Terminate.
Operative Text
Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by the tenant that varies from the terms of the rental agreement constitutes a waiver of the landlord’s right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
Under Alabama Code § 35-9A-424, when a landlord accepts rent or other performance from a tenant while knowing that the tenant has violated the lease, that acceptance generally extinguishes the landlord's ability to terminate the tenancy based on that particular violation. The waiver applies to the specific breach for which payment was accepted, not to future violations. However, the parties may reach a separate written or oral agreement after the breach occurs that preserves the landlord's termination rights despite the acceptance.
Plain English — not legal advice.
Under § 35-9A-424, property owners and managers who accept rent or other performance while aware of an existing lease violation risk losing the ability to terminate the tenancy for that specific breach. Operators who wish to preserve termination rights after a known default generally document a separate agreement with the tenant—made after the breach—that explicitly reserves those rights before accepting any payment. Consistent recordkeeping of when payments are received and what violations are known at the time of acceptance is a common practice among compliant operators.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35-9A-424 of the Alabama Uniform Residential Landlord and Tenant Act provides tenants with a meaningful protection: if a landlord accepts rent knowing of a lease violation, that acceptance can serve as a waiver of the landlord's right to terminate for that breach. Tenants who face eviction proceedings based on a violation for which the landlord previously accepted rent may be able to raise this waiver as a defense in court. Tenant-rights organizations and legal aid offices can help tenants understand how this provision might apply to their circumstances and what documentation—such as payment records and receipts—could be relevant.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation