Source : Code of Alabama, Alabama Legislature official site (alison.legislature.state.al.us, « Code of Alabama »). Textes courants au 24 septembre 2026. Archives des textes intégraux lus le 2026-09-24 sur le portail officiel de la législature de l'Alabama.


Section 35-9A-121 Territorial Application.

This chapter applies to and is the exclusive remedy to regulate and determine rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. No resolution or ordinance relative to residential landlords, rental housing codes, or the rights and obligations governing residential landlord and tenant relationships shall be enacted or enforced by any county or municipality, and any such resolution or ordinance enacted both prior to or after January 1, 2007, is superseded by this chapter. Notwithstanding these provisions, a county or municipality may enforce building and housing codes that apply equally to both owner-occupied and rental residential property. [fin de la phrase relevée à la lecture]

(Act 2006-316, p. 668, §1.)

Section 35-9A-122 Exclusions from Application of Chapter.

Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:
(1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;
(2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the interest of the purchaser;
(3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(4) transient occupancy in a hotel, motel, or lodgings;
(5) occupancy by an employee of a landlord whose right to occupancy is conditional [sur l'exécution de ses fonctions — suite relevée partiellement : conventions de logement liées à l'emploi, revente, etc. ; vérifier le texte complet pour un cas particulier].

Section 35-9A-144 Notice.

(a) A person has notice of a fact if: (1) the person has actual knowledge of it; (2) the person has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, the person has reason to know that it exists.
(b) A person "knows" or "has knowledge" of a fact if the person has actual knowledge of it.
(c) A person "notifies" or "gives" a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person presumatively "receives" a notice or notification when: (1) it comes to the person's attention; (2) in the case of the landlord, it is delivered at the place of business of the landlord or mailed to any place designated by the landlord as the place for receipt of the communication; or (3) in the case of the tenant, it is delivered in hand to the tenant or three days after mailing with adequate prepaid postage in the United States mail to the tenant's last known place of residence.
(d) "Notice," knowledge of a notice, or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the organization.
(e) Notice provided in this section does not apply to the notice required to terminate a tenancy or evict a tenant.

(Act 2006-316, p. 668, §1.)

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 found residing on the premises, by posting a copy of the notice on the door of the premises, and on the same day of posting or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of the person, shall mail notice of the filing of the unlawful detainer action by enclosing, directing, stamping, and mailing by first class [mail — suite : à la dernière adresse connue du défendeur, avec preuve d'envoi conservée].

[Act 2009-633 ajoute notamment : l'exécution sur le jugement d'expulsion ne peut être délivrée qu'au moins sept jours après le jugement si aucune motion post-judgment ni appel n'a été interjeté (§ 35-9A-461, amendé par Act 2009-633).]