§ 35-9-60 — Lien Declared

Alabama § 35-9-60

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 9: Landlord and Tenant
• Art. 2: Liens of Landlord
• Div. 2: Liens for Rent of Buildings

Text

The landlord of any storehouse or other building shall have a lien on the goods, furniture, and effects belonging to the tenant, and subtenant, for 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 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.

Legislative History

(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; Act 2006-316, p. 668, §2.)