6-6-353
Section 6-6-353 Proceedings when determination is against appellant. In cases of forcible entry
or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit
court against him and the sureties on the appeal or certiorari bond, including the costs in
the inferior and circuit courts, and if the appeal or certiorari was sued out 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. (Code 1852, §§2866, 2867;
Code 1867, §§3315, 3316; Code 1876, §§3712, 3713; Code 1886, §3411; Code 1896, §2146;
Code 1907, §4282; Code 1923, §8023; Code 1940, T. 7, §986.)...
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6-6-351
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent by defendant.
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure,
in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate
court does not prevent the issue of a writ of restitution or possession unless the defendant
pays to the clerk of the district court all rents called for under the terms of the lease,
since the date of the filing of the action and continues to pay all rent that becomes due
and payable under the terms of the lease as they become due, during the pendency of the appeal,
and the sums are to be ascertained by the judge. (b) If the defendant should fail to make
any payments as they become due under subsection (a), the court shall issue a writ of restitution
or possession and the plaintiff shall be placed in full possession of the premises. (c) Upon
disposition of the appeal, the court shall direct the clerk as to...
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6-6-312
Section 6-6-312 Commencement of action where property held jointly. Where title or possession
of the premises is held by several persons jointly, as by tenants in common, coparceners,
partners, or other joint occupancy or title, they are seized for themselves and for each other;
all are equally entitled to possession; and, conversely, the possession of any one is the
possession of all; and any joint tenant may commence an action of forcible entry and detainer
against a stranger and recover the entire possession, which inures to the benefit of all.
(Code 1923, §8027; Code 1940, T. 7, §990.)...
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6-6-287
Section 6-6-287 Joinder of landlord as party defendant; continuation of action against tenant.
(a) When the land, the subject matter of the action, is in the possession of a tenant, the
landlord may be joined with the tenant as a party defendant. (b) When the action is against
a tenant, the landlord must be made a party to the action on motion of the tenant, or upon
the landlord's motion to intervene supported by his pleading showing, as a part thereof, that
the defendant is his tenant by demise in writing or is in the occupancy of the land sued for
with his consent, or of some portion thereof, which should be specified. When it appears to
the satisfaction of the court that the landlord is a nonresident, the action shall proceed
without delay against the tenant. (Code 1852, §2205; Code 1867, §2606; Code 1876, §2955;
Code 1886, §2700; Code 1896, §1534; Code 1907, §§3840, 3844; Code 1923, §§7454, 7458;
Code 1940, T. 7, §§939, 943.)...
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35-9A-141
Section 35-9A-141 Definitions. Subject to additional definitions contained in subsequent articles
of this chapter which apply to specific articles or divisions thereof, and unless the context
otherwise requires, in this chapter: (1) "action" includes recoupment, counterclaim,
set-off, suit in equity, and any other proceeding in which rights are determined, including
an action for possession; (2) "building and housing codes" include any law, ordinance,
or governmental regulation concerning fitness for habitation, or the construction, maintenance,
operation, occupancy, use, or appearance of any premises or dwelling unit; (3) "day"
means calendar day, notwithstanding Rule 6 of the Alabama Rules of Civil Procedure; however,
in any case where the application of a time period in this chapter consisting of a specific
number of days results in the last day of that time period falling on a weekend or an official
holiday, then the last day of that time period shall be considered the next...
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6-6-314
Section 6-6-314 Liability of lessee holding over; how such recovered. Any person who, having
entered into the possession of lands and tenements under a contract of lease, forcibly or
unlawfully retains the possession thereof after the expiration of his term or refuses to surrender
the same on the written demand of the lessor, his agent, or attorney or legal representative,
is liable for double the amount of the annual rent agreed to be paid under such contract and
for such other special damages as may be thereby sustained by the party thus unlawfully kept
out of possession, to be recovered as now provided by law in actions of unlawful detainer
or by a civil action for damages. (Code 1867, §3312; Code 1876, §3709; Code 1886, §3391;
Code 1896, §2137; Code 1907, §4273; Code 1923, §8014; Code 1940, T. 7, §977.)...
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35-9-6
Section 35-9-6 Notice 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.)...
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13A-8-23
Section 13A-8-23 Tampering with availability of gas, electricity, or water. (a) The following
terms shall have the meanings ascribed thereto unless the context clearly indicates otherwise:
(1) OWNER. Includes any part owner, joint owner, tenant-in-common, joint tenant, or tenant
by the entirety of the whole or part of any building. (2) PERSON. Includes a corporation,
firm, company, or association. (3) TENANT or OCCUPANT. Shall include any person who occupies
the whole or a part of any building whether alone or with others and shall include the owner.
(4) UTILITY. Any public or private utility authorized to provide electricity, natural gas,
or water or any combination thereof for sale to consumers in any particular service area.
(5) UTILITY SERVICES. The products, commodities, and services provided by a utility to its
customers. (b) It shall be unlawful for a tenant, occupant, or any other person to commit
any of the following acts which could, or in fact does, make gas, electricity, or...
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35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
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31-2-115
Section 31-2-115 Dispersion of mob, etc. - Order to disperse. Before using military force in
the dispersion of any riot, rout, tumult, mob, or other lawless or unlawful assembly or combination
mentioned in this chapter, it shall be the duty of the civil officer calling out such military
force, or some other conservator of the peace or, if none be present, then of the officer
in command of the troops or some person by him deputed, to command the persons composing such
riotous, tumultuous, or unlawful assemblage or mob to disperse and retire peacefully to their
respective abodes and businesses; but, in no case, shall it be necessary to use any set or
particular form of words in ordering the dispersion of any riotous, tumultuous, or unlawful
assembly, nor shall any such command be necessary where the officer or person, in order to
give it, would necessarily be put in imminent danger of loss of life or great bodily harm,
or where such unlawful assembly or riot is engaged in the commission...
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