§ 6-6-351 — Writs of Restitution or Possession - Suspension Upon Payment of Rent by Defendant

Alabama § 6-6-351

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 6: Remedies
• Art. 8: Forcible Entry and Unlawful Detainer
• Div. 3: Appeals

Text

(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 the disposition of the funds paid to the clerk pursuant to subsection (a).

Legislative History

(Code 1852, §2865; Code 1867, §3314; Code 1876, §3711; Code 1886, §3401; Code 1896, §2145; Code 1907, §4281; Code 1923, §8022; Code 1940, T. 7, §985; Acts 1996, No. 96-573, p. 880, §1.)