§ 35-9-61 — When Lien May Be Enforced by Attachment

Alabama § 35-9-61

• 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 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.

Legislative History

(Code 1886, §3070; Code 1896, §2717; Code 1907, §4748; Code 1923, §8815; Code 1940, T. 31, §30.)