Ala. Code §§ 6-6-310 to 6-6-353 § 6-6-313
Effect of Temporary Absence.
Operative Text
A temporary absence from the premises does not constitute a loss of the actual possession nor prevent the commencement of forcible entry and detainer against one who forcibly enters or detains the premises, and one who enters during such temporary absence does not acquire the legal possession such as permits him to commence the action if the rightful possessor rejects him immediately on discovery of his presence on the premises.
Under Alabama Code § 6-6-313, a person's temporary absence from a property does not mean they have given up actual possession of it. If someone forcibly enters or detains the premises while the rightful occupant is temporarily away, that occupant may still bring a forcible entry and detainer action. Conversely, a person who enters during such an absence does not gain legal possession—and therefore cannot bring their own detainer action—if the rightful possessor promptly rejects them upon discovering their presence.
Plain English — not legal advice.
Alabama Code § 6-6-313 is relevant to property owners and managers when a tenant is temporarily away from a unit. A compliant operator generally avoids entering or occupying a unit during a tenant's temporary absence in a manner that could be characterized as forcible entry, as such conduct does not confer legal possession and may expose the operator to a detainer action. Operators typically document any lawful entry and ensure it is conducted in accordance with applicable notice and access requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 6-6-313 protects tenants who are temporarily away from their home—a short absence does not strip a tenant of their legal possession rights. If someone enters or occupies the premises during that absence, a tenant who promptly rejects that person upon discovering their presence preserves their right to bring a forcible entry and detainer action. Tenants who believe their possession rights have been violated may consider consulting a tenant-rights organization or legal aid provider to understand the enforcement paths available under this provision.
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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