Code of Alabama
Ala. Code § 35-9-1 (2026)
Tenant Estopped to Deny Landlord’s Title.
✓ official Alabama Legislature (ALISON) text, current July 2026
The tenant cannot dispute his landlord’s title, nor attorn to another claimant while in possession, except in cases provided otherwise in this Code.
(Code 1907, §4731; Code 1923, §8796; Code 1940, T. 31, §1.)
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1982–2025 · leading case: In Re Moore, 290 B.R. 851 (Bankr. N.D. Ala. 2003).
In Re Moore, 290 B.R. 851 (Bankr. N.D. Ala. 2003). “See Ala.Code §§ 35-9-1 et seq. (1991). This makes the statutes governing residential leases the same as those for nonresidential.”
Jimmie Mae King v. The Hous. Auth. of the City of Huntsville, Alabama a Corp., 670 F.2d 952 (11th Cir. 1982). “Ala.Code § 35-9-1 et seq. (1975), popularly known as the Sanderson Act, authorizes eviction proceedings in the nature of an action in unlawful detainer.”
Ross v. Lewis, 44 So. 3d 1106 (Ala. Civ. App. 2010). “Second, even if the issue of title might properly be asserted as a defense in certain circumstances, the record in this case does not reflect that the defendants adduced any evidence tending to show that the plaintiff was not, in fact, the owner of the property at issue. Based…”
Hembree Ins. Trust v. Maples Indus., Inc. (Appeal from Jackson Circuit Court: CV-24-900026). (Ala. 2025). “Landlord & Tenant § 503 (2024) (footnotes omitted). Moreover, it has long been the rule in Alabama that a tenant in possession of a leased property generally cannot dispute the landlord's title to that property.”
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