Usa Alabama

USA Statutes : alabama
Title : Title 35 PROPERTY.
Chapter : Chapter 09 LANDLORD AND TENANT.
Section 35-9-1 Section 35-9-1Tenant estopped to deny landlord's title.

The tenant cannot dispute his landlord's title, nor attorn to another claimant while in possession, except in cases provided otherwise in this Code.

(Code 1907, §4731; Code 1923, §8796; Code 1940, T. 31, §1.)Section 35-9-2 Section 35-9-2When tenant at will entitled to emblements.

The tenant at will is entitled to his emblements, if the crop is sowed before notice to quit by the landlord, or the tenancy otherwise suddenly terminated, as by sale of the estate by the landlord, or by judicial sale, or death of the landlord or tenant.

(Code 1907, §4733; Code 1923, §8798; Code 1940, T. 31, §2.)Section 35-9-3 Section 35-9-3Duration of tenancy when time for termination not specified - Generally.

Where no time is specified for the termination of tenancy, the law construes it to be from December 1 to December 1 but if it is expressly a tenancy at will, then either party may terminate it at will, by 10 days' notice in writing.

(Code 1907, §4732; Code 1923, §8797; Acts 1935, No. 94, p. 158; Code 1940, T. 31, §3.)Section 35-9-4 Section 35-9-4Duration of tenancy when time for termination not specified - Hiring of lodgings for indefinite term.

A hiring of lodgings or a dwelling house for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation of the rent. Thus a hiring at a monthly rate of rent is presumed to be for one month. In the absence of any agreement respecting the length of time for the rent, the hiring is presumed to be monthly.

(Code 1923, §8821; Code 1940, T. 31, §4.)Section 35-9-5 Section 35-9-5Notice to terminate tenancy for term less than one year.

In all cases of tenancy by the month or for any other term less than one year, where the tenant holds over without special agreement, the landlord shall have the right to terminate the tenancy by giving the tenant 10 days' notice in writing of such termination, and the landlord upon giving said notice for said time shall be authorized without further notice to the tenant to recover possession of the rented premises in an action of unlawful detainer.

(Code 1923, §8822; Acts 1932, Ex. Sess., No. 13, p. 14; Code 1940, T. 31, §5.)Section 35-9-6 Section 35-9-6Notice to quit for breach or default of terms of lease.

When default is made in any of the terms of a lease, it shall not be necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease; which notice may be substantially in the following form:

'To A. B.:

You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being (here describe the premises), I have elected to terminate your lease, and you are hereby notifed to quit and deliver up possession of the same to me within 10 days of this date. Dated this _____ day of _____' To be signed by the lessor or his agent; and no other notice or demand of possession or termination of such tenancy shall be necessary to maintain unlawful detainer.

(Code 1923, §8823; Code 1940, T. 31, §6.)Section 35-9-7 Section 35-9-7Service of demand or notice.

(a) Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person above the age of 18 years, residing on or in possession of the premises; and in case no one is in the actual possession of said premises, then by posting the same on the premises.

(b) When any such demand is made or notice served by an officer authorized to serve process, his return shall be prima facie evidence of the facts therein stated, and if such demand is made or notice served by any person not an officer, the return may be sworn to by the person serving the same, and shall then be prima facie evidence of the facts therein stated.

(Code 1923, §§8824, 8825; Code 1940, T. 31, §§7, 8.)Section 35-9-8 Section 35-9-8Notice unnecessary when tenancy is for certain period.

When a tenancy is for a certain period, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand of possession is necessary.

(Code 1923, §8826; Code 1940, T. 31, §9.)Section 35-9-9 Section 35-9-9Remedies extended to lessor's grantees, etc.

The grantees of any demised lands, tenements, rents or other hereditaments, or of the reversion thereof, the assignees of the lessor of any demise, and the heirs and personal representatives of the lessor, grantee or assignee, shall have the same remedies by entry, action or otherwise, for the nonperformance of any agreement in the lease, or for the recovery of any rent, or for the doing of any waste or other cause of forfeiture, as their grantor or lessor might have had if such reversion had remained in such lessor or grantor.

(Code 1923, §8827; Code 1940, T. 31, §10.)Section 35-9-10 Section 35-9-10Remedies extended to lessee's grantees.

The lessees of any lands, their assigns or personal representatives, shall have the same remedy, by action or otherwise, against the lessor, his grantees, his assignees or his or their representatives, for the breach of any agreement in such lease, as such lessee might have had against his immediate lessor; but this section shall have no application to the covenants against incumbrances, or relating to the title or possession of the premises demised.

(Code 1923, §8828; Code 1940, T. 31, §11.)Section 35-9-11 Section 35-9-11Right of landlord to enforce lien against sublessees or assignees.

In all cases when the demised premises shall be sublet, or the lease is assigned, the landlord shall have the same right to enforce his lien against the sublessee or assignee, that he has against the tenant to whom the premises were demised.

(Code 1923, §8829; Code 1940, T. 31, §12.)Section 35-9-12 Section 35-9-12Seizure of crops upon abandonment of premises.

When a tenant abandons or removes from the premises or any part thereof, the landlord or his agent or attorney may seize upon any grain or other crops grown or growing upon the premises or part thereof so abandoned, whether the rent is due or not. If such grain or other crops or any part thereof is not fully grown or matured, the landlord or his agent or attorney may cause the same to be properly cultivated and harvested or gathered, and may sell and dispose of the same, and apply the proceeds, so far as may be necessary, to compensate him for his labor and expenses and to pay the rent and advances. The tenant may, at any time before the sale of the property so seized, redeem the same by tendering the rent and advances due and reasonable compensation, and expenses of the cultivation and harvesting or gathering the same.

(Code 1923, §8830; Code 1940, T. 31, §13.)Section 35-9-13 Section 35-9-13Recovery of rent upon death of life tenant who has demised estate.

When a tenant for life shall demise any lands and shall die on or after the day when any rent becomes due and payable, his executors or administrators may recover from the under-tenant the whole rent due, but if any such tenant for life shall die before the day when any rent is to become due, his executors or administrators may recover the proportion of rent which accrued before his death, and the remainderman shall recover for the residue.

(Code 1923, §8831; Code 1940, T. 31, §14.)Section 35-9-14 Section 35-9-14Tenant responsible for sewer services bill. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE.

Notwithstanding any other provision of law, any bill for sewer service received in the name of a tenant or tenants, shall be the sole responsibility of the tenant or tenants and shall not constitute a lien on the property where the sewer service was received.

(Act 2004-522, §1.)Section 35-9-30 Section 35-9-30Lien declared.

A landlord has a lien, which is paramount to, and has preference over, all other liens, on the crop grown on rented lands for rent for the current year, and for advances made in money, or other thing of value, either by him directly, or by another at his instance or request for which he became legally bound or liable at or before the time such advances were made, for the sustenance or well-being of the tenant or his family, or for preparing the ground for cultivation, or for cultivating, gathering, saving, handling or preparing the crop for market; and also on all articles advanced, and on all property purchased with money advanced or obtained by barter in exchange for articles advanced, for the aggregate price or value of such articles and property.

(Code 1876, §3467; Code 1886, §3056; Code 1896, §2703; Code 1907, §4734; Code 1923, §8799; Code 1940, T. 31, §15.)Section 35-9-31 Section 35-9-31Maturity of rent and advances.

Unless otherwise stipulated, such rent and advances shall become due and payable on November 1 of the year in which the crop is grown.

(Code 1876, §3468; Code 1886, §3057; Code 1896, §2704; Code 1907, §4735; Code 1923, §8800; Code 1940, T. 31, §16.)Section 35-9-32 Section 35-9-32Continuation of lien and attachment to crop of succeeding year.

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.

(Code 1876, §3469; Code 1886, §3058; Code 1896, §2705; Code 1907, §4736; Code 1923, §8801; Code 1940, T. 31, §17.)Section 35-9-33 Section 35-9-33Assignment of claim for rent and advances.

The claim of the landlord for rent and advances, or for either, may be by him assigned; and the assignee shall be invested with all the landlord's rights, and entitled to all his remedies for their enforcement.

(Code 1876, §3470; Code 1886, §3059; Code 1896, §2706; Code 1907, §4737; Code 1923, §8802; Code 1940, T. 31, §18.)Section 35-9-34 Section 35-9-34When lien may be enforced by attachment.

The landlord, or his assignee, may have process of attachment for the enforcement of his lien for rent and advances, or either, when such rent and advances, or either, as the case may be, are due and the tenant fails or refuses, after demand made, to pay the same; and also in the following cases, whether such rent and advances, or either, are due or not:

(1) When there is good cause to believe that the tenant or subtenant is about to remove from the premises, or otherwise dispose of any part of the crop, without paying such rent and advances, or either, and without the consent of the landlord, or of the assignee, when the claim has been assigned.

(2) When the tenant or subtenant has removed from the premises, or otherwise disposed of any part of the crop without paying such rent and advances, or either, and without the consent of the landlord, or of the assignee, when the claim has been assigned.

(3) When the tenant or subtenant has disposed of, or there is good cause to believe that he is about to dispose of, any of the articles advanced or obtained by purchase with money advanced, or by barter in exchange for any article advanced, in fraud of the rights of the landlord, or of his assignee, as the case may be.

(Code 1876, §3472; Code 1886, §3061; Code 1896, §2708; Code 1907, §4739; Code 1923, §8804; Code 1940, T. 31, §20.)Section 35-9-35 Section 35-9-35Affidavit and bond.

Before such attachment is issued, the plaintiff, or his agent or attorney must make affidavit, setting forth the amount that is or will be due for rent and advances, or either, as the case may be, or, if the rent is not payable in money, the value of the part of the crop or other things agreed to be paid as rent, that one of the causes for issuing an attachment prescribed in section 35-9-34 exists, and that the attachment is not sued out for the purpose of vexing or harassing the defendant; and must also execute a bond in double the amount claimed, with sufficient surety, payable to the defendant, and with condition that the plaintiff will prosecute the attachment to effect, and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.

(Code 1876, §3473; Code 1886, §3062; Code 1896, §2709; Code 1907, §4740; Code 1923, §8805; Code 1940, T. 31, §21.)Section 35-9-36 Section 35-9-36Issuance and return of attachment; trial; property leviable.

Such attachment may be issued by any officer authorized to issue attachment in other cases, and made returnable before any court of competent jurisdiction, and must be tried in the same manner, and upon the same notice, as other attachment proceedings are tried, and may be levied on the crop, or the proceeds thereof, and on the articles advanced, and property purchased with money advanced or obtained by barter in exchange for articles advanced.

(Code 1876, §3473; Code 1886, §3063; Code 1896, §2710; Code 1907, §4741; Code 1923, §8806; Code 1940, T. 31, §22.)Section 35-9-37 Section 35-9-37Relation between party furnishing land and party furnishing labor.

When one party furnishes the land and the other party furnishes the labor to cultivate it, with stipulations, express or implied, to divide the crop between them in certain proportions, the relation of landlord and tenant, with all its incidents, and to all intents and purposes, shall be held to exist between them; and the portion of the crop to which the party furnishing the land is entitled shall be held and treated as the rent of the land; and this shall be true whether or not by express agreement or by implication the party furnishing the land is to furnish all or a portion of the teams to cultivate it, all or a portion of the feed for the teams, all or a portion of the planting seed, all or a portion of the fertilizer to be used on the crop or pay for putting in marketable condition his proportion of the crop after the same has been harvested by the tenant.

(Code 1876, §§3474, 3475; Code 1886, §§3064, 3065; Code 1896, §§2711, 2712; Code 1907, §§4742, 4743; Acts 1915, No. 63, p. 112; Acts 1915, No. 89, p. 134; Code 1923, §8807; Code 1940, T. 31, §23.)Section 35-9-38 Section 35-9-38Failure or refusal of tenant to plant crop.

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.

(Acts 1915, No. 709, p. 808; Code 1923, §8808; Acts 1931, No. 353, p. 410; Code 1940, T. 31, §24.)Section 35-9-39 Section 35-9-39Levy upon crop of subtenant.

When lands are cultivated by a subtenant, and an attachment or other process is sued out by the superior landlord, or his assignee, for the purpose of enforcing his lien for rent and advances, or either, the crop of the tenant in chief must first be exhausted, before levy is made on the crop of the subtenant; but if the tenant in chief makes no crop, or if the crop made by him is not sufficient to satisfy the plaintiff's demand, then a sufficient amount of the crop of the subtenant may be levied on to supply the deficiency; and any levy made in violation of this section may be vacated on motion, at the first session of the court thereafter.

(Code 1876, §3476; Code 1886, §3066; Code 1896, §2713; Code 1907, §4744; Code 1923, §8810; Code 1940, T. 31, §25.)Section 35-9-40 Section 35-9-40Subrogation of subtenant to rights, liens and remedies of landlord.

Any subtenant who pays or discharges any debt or lien which the landlord has against the tenant in chief, by contract, judicial process or otherwise, shall be subrogated to the rights, liens and remedies, which the landlord had against the tenant in chief as to such debt or lien so paid or satisfied, or he may set off such debt, claim or demand so paid or discharged by him against any claim, debt or demand which the tenant in chief may have against such subtenant.

(Code 1923, §8811; Code 1940, T. 31, §26.)Section 35-9-41 Section 35-9-41Right of subtenant to require attachment against tenant in chief.

The subtenant may notify the superior landlord, or his assignee, of the existence of any one of the several causes authorizing the issue of an attachment against the crop of the tenant in chief and if such notice is given, and an affidavit is made by the subtenant before an officer authorized by law to administer oaths, setting forth the existence of any one of such causes, and is served by the subtenant, in person, or by his agent, on such landlord, or his assignee, at the time the notice is given, and the landlord, or his assignee, fails or refuses to proceed within a reasonable time thereafter against the crop of the tenant in chief, he thereby loses his right to proceed against the crop of the subtenant for any deficiency in the crop of the tenant in chief to satisfy his claim, insofar as that deficiency resulted from such failure or refusal to proceed.

(Code 1876, §3477; Code 1886, §3067; Code 1896, §2714; Code 1907, §4745; Code 1923, §8812; Code 1940, T. 31, §27.)Section 35-9-42 Section 35-9-42Applicability of division to tenant in chief and subtenant.

The provisions of this division shall apply to parties occupying the relation of tenant in chief and subtenant.

(Code 1876, §3478; Code 1886, §3068; Code 1896, §2715; Code 1907, §4746; Code 1923, §8813; Code 1940, T. 31, §28.)Section 35-9-60 Section 35-9-60Lien declared.

The landlord of any storehouse, dwelling house, or other building shall have a lien on the goods, furniture, and effects belonging to the tenant, and subtenant, for his rent, which shall be superior to all other liens, except those for taxes, and except as otherwise provided in Section 7-9A-333. In case the tenant or subtenant is adjudged a bankrupt, such lien on such goods, furniture, and effects of the bankrupt, except for a dwelling house, used exclusively as a dwelling, shall, as against the trustee in bankruptcy, attach only for unpaid rent accrued and which shall accrue within six months from the date of adjudication computed pro rata at the then current rate. The lien amount accrued and to accrue shall not be increased by reason of any default or breach of contract by the bankrupt. From the amount of such lien, so computed, the trustee in bankruptcy may deduct all payments and all demands which could be legally set up against the landlord by way of counterclaim. If the trustee in bankruptcy shall dispose of the lease as an asset of the bankrupt estate, then the landlord shall have a lien on the goods, furniture, and effects of any person holding under the trustee in bankruptcy.

(Code 1886, §3069; Code 1896, §2716; Code 1907, §4747; Acts 1919, No. 134, p. 116; Code 1923, §8814; Code 1940, T. 31, §29; Acts 1981, No. 81-312, p. 399, §7-11-109(1); Act 2001-481, p. 647, §2.)Section 35-9-61 Section 35-9-61When lien may be enforced by attachment.

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.

(Code 1886, §3070; Code 1896, §2717; Code 1907, §4748; Code 1923, §8815; Code 1940, T. 31, §30.)Section 35-9-62 Section 35-9-62Affidavit and bond.

Before such attachment is issued, the plaintiff, or his agent or attorney, must make affidavit, setting forth the amount that is, or will be, due for the rent, that one of the causes for issuing an attachment prescribed in section 35-9-61 exists, and that the attachment is not sued out for the purpose of vexing or harassing the defendant; and must also execute a bond in double the amount claimed, payable to the defendant, with sufficient surety, and with condition that the plaintiff will prosecute the attachment to effect, and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.

(Code 1886, §3071; Code 1896, §2718; Code 1907, §4749; Code 1923, §8816; Code 1940, T. 31, §31.)Section 35-9-63 Section 35-9-63Property leviable; priority of lien.

Such attachment may be levied on so much of the goods, furniture and effects of the tenant as will satisfy the plaintiff's demand for rent; and such levy shall have priority over the levy of any other attachment on such goods, furniture and effects in favor of any other creditor.

(Code 1886, §3072; Code 1896, §2719; Code 1907, §4750; Code 1923, §8817; Code 1940, T. 31, §32.)Section 35-9-64 Section 35-9-64Law governing proceedings.

The law governing the issue, levy, trial and other proceedings in attachment proceedings in general, not inconsistent with the provisions of this division, shall govern in all cases arising under this division.

(Code 1886, §3073; Code 1896, §2720; Code 1907, §4751; Code 1923, §8818; Code 1940, T. 31, §33.)Section 35-9-65 Section 35-9-65Lien, rights and remedies vested in assignee of claim for rent.

The lien provided in this division shall vest in any assignee of the claim for rent; and such assignee shall be invested with all the rights of the landlord, and entitled to all his remedies for their enforcement.

(Code 1886, §3074; Code 1896, §2721; Code 1907, §4752; Code 1923, §8819; Code 1940, T. 31, §34.)Section 35-9-80 Section 35-9-80Demand for premises.

In all cases where a tenant shall hold possession of lands or tenements over and beyond the term for which the same were rented or leased to him, or after his right of possession has terminated or been forfeited, and the owner of the lands or tenements shall desire possession of the same, such owner may by himself, his agent or attorney-in-fact or attorney-at-law demand the possession of the property so rented, leased, held or occupied; and if the tenant refuses or omits to deliver possession when so demanded, the owner, his agent or attorney-at-law or attorney-in-fact may go before the district court in the county in which the land lies, and make oath of the facts.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §35.)Section 35-9-81 Section 35-9-81Issuance of writ or process.

When the affidavit provided for in section 35-9-80 shall be made, the district court before whom it was made shall grant and issue a writ or process directed to the sheriff or his deputy or any lawful constable of the county where the land lies, commanding and requiring him to deliver to the owner or his representative full and quiet possession of the lands or tenements mentioned in the affidavit, removing the tenant with his property found thereon away from the premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §36.)Section 35-9-82 Section 35-9-82Service of writ or process.

It shall be the duty of the officer in whose hands the writ or process provided by section 35-9-81 may be placed to serve a copy of same at once on the defendant, together with notice that after the expiration of seven days, said officer will proceed with the execution of such writ or process. If the officer is unable to serve the defendant personally, service may be had by delivering the writ or process to any person who is sui juris residing on the premises, or if after reasonable effort no such person is found residing on the premises, by posting a copy of the writ or process on the door of the premises, and on the same day of such posting, or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of such person, shall mail a copy of the writ or process by enclosing, directing, stamping and mailing by first class mail a copy of the writ or process to the defendant at the mailing address of the premises and if there is no mailing address for the premises to the last known address, if any, of the defendant and making an entry of this action on the affidavit filed in the case and service of the notice by posting shall be complete as of the date of mailing said notice; and unless a counter affidavit, as provided by section 35-9-84, is filed with said officer within that time, it shall then be his duty to proceed forthwith to execute said writ or process.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §38; Acts 1990, No. 90-218, p. 255.)Section 35-9-83 Section 35-9-83Removal to circuit court.

Any defendant in any such action may remove such action from the district court before whom the same is brought, to the circuit court of the county in which the real estate sued for is situated, in like manner and upon like proceedings as actions for forcible entry and detainer or unlawful detainer may now be so removed, and the trial of any such case so removed shall be conducted under like procedure and with like issues as now provided for the trial of actions of forcible entry and detainer or of unlawful detainer so removed.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §44.)Section 35-9-84 Section 35-9-84Arrest of proceedings.

The tenant may arrest the proceedings and prevent the removal of himself and goods from the land by declaring on oath that his lease or term of rent has not expired, and that he is not holding possession of the premises over and beyond his term, or that his right of possession has not terminated or been forfeited, and that he still has a good and lawful right to the possession of said premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §37.)Section 35-9-85 Section 35-9-85Trial upon delivery of counter affidavit.

If the counter affidavit provided in section 35-9-84 be made and delivered to the sheriff or deputy sheriff or constable, the tenant shall not be removed, but the officer shall immediately return the proceedings to the court which issued said writ or process, and the fact or facts in issue shall be there tried by said court, and shall stand for trial on the third day after the delivery to said sheriff or deputy sheriff or constable of such counter affidavit, Sundays and legal holidays excepted.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §39.)Section 35-9-86 Section 35-9-86Judgment for landlord.

If the issues specified in section 35-9-85 shall be determined against the tenant, judgment shall go against him, and the movant or plaintiff shall, after the expiration of one day after judgment, have a writ of possession and, without further delay, be by the sheriff, deputy or constable placed in full possession of the premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §40.)Section 35-9-87 Section 35-9-87Appeals.

(a) Any party may appeal from a judgment entered against him by any district court, to the circuit court, at any time within one day after the entry thereof, and such appeal and the proceedings thereon shall in all respects be governed by the law relating to appeals from district courts.

(b) An appeal does not prevent the issuance of a writ of restitution or possession unless the defendant also executes a supersedeas bond with sufficient sureties, payable to the sheriff, in the sum of twice the yearly value of the rent of the premises, to be ascertained by the court, with condition to pay the plaintiff all such damages as he may sustain by the prosecution of the appeal.

(c) Upon the trial in circuit court, the judgment, if against the appellant, must be entered against him and the sureties on the appeal bond, including the costs in both courts, and if the appeal was taken by the defendant, and a supersedeas bond was executed, a writ of restitution or possession must be awarded, and judgment must also be entered against the defendant and the sureties on his supersedeas bond for the value of the rent of the premises, pending the appeal.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §§41-43.)Section 35-9-88 Section 35-9-88Fees.

In proceedings under this article, the following fees shall be allowed:

(1) To witnesses, the same fees as are allowed by law in the circuit court;

(2) To the sheriff or constable, for serving the original writ or process and return, $1.00;

(3) For receiving counter affidavit and returning the same, $.50;

(4) For executing the writ or process or judgment by placing the plaintiff in possession, $2.00;

(5) For making money on execution, serving subpoenas, etc., the same fees as in cases in the circuit court;

(6) To the district court, for issuing the original writ or process, $.50;

(7) For receiving and filing the counter affidavit, $.50;

(8) For entering final judgment, $1.00;

(9) For issuing writ of possession and execution, $.50;

(10) For approving appeal bond and preparing transcript on appeal, $1.00.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §45.)Section 35-9-100 Section 35-9-100When reasonable satisfaction may be recovered.

A reasonable satisfaction may be recovered for the use and occupation of land:

(1) When there has been a demise by deed or by parol, and no specific sum agreed on as rent.

(2) When the defendant has been let into possession upon a supposed sale of the lands, which, from the act of the defendant, has not been consummated.

(3) When the tenant remains on the land by sufferance of the owner. When, after a demise, the tenant, having had 30 days' previous notice, holds over without the consent of his landlord, he shall pay to such landlord double the value of the customary rent of the property so withheld.

(4) When the defendant has gone in possession of the land unlawfully. The owner of the land has a lien upon the same property of the defendant, and to the same extent as the landlord has under section 35-9-30 or section 35-9-60, which may be enforced by attachment as provided in section 35-9-61 or section 35-9-34, as may be applicable.

(5) When for any reason the defendant is estopped from disputing the title of the plaintiff as to the use of the land occupied. In no case shall a mere claim or assertion of powers, right or title of the defendant to that of the plaintiff be a defense unless the claim of right or title of the defendant is bona fide.

(Code 1852, §2206; Code 1867, §2607; Code 1876, §2956; Code 1886, §2715; Code 1896, §2722; Code 1907, §4753; Code 1923, §8820; Code 1940, T. 31, §46.)

USA Statutes : alabama