Ala. Code
Code of Alabama

Ala. Code § 35-9-60 (2026)

Lien Declared.

✓ official Alabama Legislature (ALISON) text, current July 2026
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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.

(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.)

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1982–2024 · leading case: Robert F. Dallas v. S.A.G., Inc., D/B/A the Toy Store, in Re S.A.G., Inc., D/B/A the Toy Store, William N. Owen v. Rufus C. Brock, 836 F.2d 1307 (11th Cir. 1988).
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Robert F. Dallas v. S.A.G., Inc., D/B/A the Toy Store, in Re S.A.G., Inc., D/B/A the Toy Store, William N. Owen v. Rufus C. Brock, 836 F.2d 1307 (11th Cir. 1988). · cites it 3× “A different bankruptcy judge held that Owen was not entitled to relief because his lien was a statutory lien, under Ala.Code § 35-9-60 (1975), that was avoidable under the trustee’s avoidance powers.”
Moriarty v. Dziak, 435 So. 2d 35 (Ala. 1983). · cites it 3× “See Code 1975, § 35-9-60 through § 35-9-65. The landlord may seek to enforce the lien for the payment of rent either by attachment under Code 1975, § 35-9-60 or by suit in circuit court for the enforcement of the lien.”
In Re Cummings, 221 B.R. 814 (Bankr. N.D. Ala. 1998). · cites it 2× “Green owed a substantial amount of rent to Dr. Starlin.”
Canyon Dev. Co. v. Holcomb Storage, 107 So. 3d 1096 (Ala. Civ. App. 2012). · cites it 5× “1988), the Eleventh Circuit Court of Appeals decided the issue whether a landlord possessed a contractual lien as well as a statutory lien provided by Ala. Code 1975, § 35-9-60. 2 Applying Alabama law, the Dallas court concluded .”
Bekken v. Greystone Residential Ass'n, 227 So. 3d 1201 (Ala. Civ. App. 2017). “The owner of the land has a lien upon the same property of the defendant, and to the same extent as the landlord has under Section 35-9-30 or Section 35-9-60, which may be enforced by attachment as provided in Section 35-9-61 or Section 35-9-34, as may be applicable.”
Rochester-Mobile, LLC v. C&S Wholesale Grocers, Inc., 239 So. 3d 1139 (Ala. 2017). “Code 1975 (requiring declarant of condominium containing conversion buildings to give notice of conversion to "each of the residential tenants, and any residential subtenant in possession"); § 35-9-60, Ala. Code 1975 (providing that landlord of any storehouse or other building…”
McLeod v. Thompson, 615 So. 2d 90 (Ala. Civ. App. 1992). · cites it 2× “In view of the disputed and evasive testimony of McLeod, and the trial court’s finding of individual responsibility for the indebtedness, the trial court could have viewed the machine as being subject to Thompson’s landlord’s lien, pursuant to Ala.Code 1975, § 35-9-60, thereby…”
Conseco Fin. Corp.-alabama v. Attaway, 21 So. 3d 1230 (Ala. Civ. App. 2003). · cites it 2× “Code 1975, § 35-9-30 (providing a landlord’s lien against a tenant’s crops grown on rented lands); Ala.Code 1975, § 35-9-60 (providing a landlord of a rented “storehouse, dwelling house, or other building” with a lien on a tenant’s “goods, furniture, and effects”).”
East Bay Apts. v. Martin, 412 So. 2d 815 (Ala. Civ. App. 1982). · cites it 3× “We would point out, however, that the underlying suit against petitioner is based upon a landlord’s statutory lien on the tenant’s personal property as provided by § 35-9-60 through -65, Code 1975. The right to a hearing on the dissolution of a writ of attachment under A.”
CBS Holdings, LLC v. Hexagon US Fed., Inc. (Appeal from Madison Circuit Court: CV-21-900504). (Ala. 2024). “3 CBS Holdings answered and filed counterclaims against HexFed, asserting breach-of-contract, ejectment, and unjust-enrichment claims and seeking imposition of a landlord's lien pursuant to § 35-9-60 et seq., Ala. Code 1975. CBS Holdings alleged that HexFed had breached the 2016…”
Graham v. David Kahn & Co., 705 So. 2d 432 (Ala. Civ. App. 1997). · cites it 2× “” Ala.Code 1975, § 35-9-60, states the following, in pertinent part: “The landlord of any storehouse, dwelling house or other building shall have a lien on the goods, furniture and effects belonging to the tenant, and subtenant, for his rent, which shall be superior to all other…”
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