General Provisions.

Ala. Code tit. 6, ch. 6, art. 8, div. 1

in effect

Ala. Code § 6-6-310 Definitions.

6-6-310. Definitions. For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) FORCIBLE ENTRY AND DETAINER. Where one by force or strong hand, or by exciting fear or terror, enters upon and detains lands or tenements in the possession of another, as by breaking open doors, windows or any other part of a house, whether any person is within or not, by threats of violence to the party in possession, or by words or actions that have a tendency to excite fear or apprehension of danger, by putting out of doors or removing the goods or chattels of the party in possession, or by entering peaceably and then by unlawful refusal, or by force or threats, turning, or keeping the party out of possession. (2) UNLAWFUL DETAINER. Where one who has lawfully entered into possession of lands as tenant fails or refuses, after the termination of the possessory interest of the tenant, to deliver possession of the premises to anyone lawfully entitled or his or her agent or attorney. (Code 1852, §§2851, 2852; Code 1867, §§3299, 3300; Code 1876, §§3696, 3697; Code 1886, §§3380, 3381; Code 1896, §§2126, 2127; Code 1907, §§4262, 4263; Code 1923, §§8000, 8001; Code 1940, T. 7, §§966, 967; Acts 1996, No. 96-573, p. 880, §1.)

Ala. Code § 6-6-311 To What Estates Applicable.

6-6-311. To What Estates Applicable. Forcible entry and detainer and unlawful detainer extend to, and comprehend, terms for years and all estates, whether freehold or less than freehold. (Code 1852, §2853; Code 1867, §3301; Code 1876, §3698; Code 1886, §3382; Code 1896, §2128; Code 1907, §4264; Code 1923, §8002; Code 1940, T. 7, §968.)

Ala. Code § 6-6-312 Commencement of Action Where Property Held Jointly.

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.)

Ala. Code § 6-6-313 Effect of Temporary Absence.

6-6-313. Effect of Temporary Absence. 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. (Code 1923, §8028; Code 1940, T. 7, §991.)

Ala. Code § 6-6-314 Liability of Lessee Holding Over; How Such Recovered.

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.)

Ala. Code § 6-6-315 Uninterrupted Occupation for Three Years Bars Action.

6-6-315. Uninterrupted Occupation for Three Years Bars Action. The uninterrupted occupation of the premises in controversy by the defendant for the space of three entire years preceding the filing of the complaint is, if the estate of the defendant is not determined, a bar to any proceeding under this article. (Code 1852, §2860; Code 1867, §3308; Code 1876, §3705; Code 1886, §3390; Code 1896, §2136; Code 1907, §4272; Code 1923, §8013; Code 1940, T. 7, §976.)

Ala. Code § 6-6-316 Action of Trespass, Etc., Not Precluded.

6-6-316. Action of Trespass, Etc., Not Precluded. No proceedings had under this article or judgment entered bars or prevents the party injured from prosecuting an action of trespass or other action against the aggressor or party offending. (Code 1852, §2863; Code 1867, §3311; Code 1876, §3708; Code 1886, §3392; Code 1896, §2138; Code 1907, §4274; Code 1923, §8015; Code 1940, T. 7, §978.)

Ala. Code § 6-6-317 Notice or Demand.

6-6-317. Notice or Demand. Forcible entry being in its nature adverse and unlawful, no demand need be made or notice given except such as is required in the Code to support an action or proceeding based on an entry with actual force. (Code 1923, §8029; Code 1940, T. 7, §992.)

Ala. Code § 6-6-318 Courts Deemed Always Open.

6-6-318. Courts Deemed Always Open. Courts having jurisdiction under this article must be held open at all times for the consideration and determination of questions arising under this article, and judgments had thereon without delay. (Code 1867, §3298; Code 1876, §3695; Code 1886, §3379; Code 1896, §2125; Code 1907, §4261; Code 1923, §7999; Code 1940, T. 7, §965.)

Ala. Code § 6-6-319 Forms for Judgment, Restitution or Possession.

6-6-319. Forms for Judgment, Restitution or Possession. The following or similar forms may be used when appropriate in forcible entry and unlawful detainer proceedings; but they are not exclusive of other appropriate forms: Judgment. A. B. v. C. D. Came the parties on the ______ day of _____, and upon evidence I find the said C. D. guilty of the forcible entry and unlawful detainer (or, unlawful detainer) as complained against him by A. B., and I therefore order and adjudge that C. D. restore to A. B. the possession of the tract of land (or tenement) mentioned in the complaint: _____ (here designate the land or tenement), and pay the cost of this proceeding Writ of Restitution or Possession. State of Alabama, County. ___________ To any lawful officer of said county: You are hereby commanded to restore A. B. to possession (or place A. B. in possession) of the land and tenements (or, as the case may be) which A. B. recovered of C. D. in an action of forcible entry and detainer (or unlawful detainer) before me on the _____ day of _____, at _____ (here describe the land and tenements). You are further directed, of the goods and chattels, lands and tenements, of the said C. D., you cause to be made the sum of _____, which the said A. B. has recovered for his costs in that behalf expended. Witness my hand, this the _______ day of ________ E. F., District Court Judge (Code 1907, §4286; Code 1923, §8031; Code 1940, T. 7, §994.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026