For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) FORCIBLE ENTRY AND DETAINER. Where one by force or strong hand, or by exciting fear or terror, enters upon and detains lands or tenements in the possession of another, as by breaking open doors, windows or any other part of a house, whether any person is within or not, by threats of violence to the party in possession, or by words or actions that have a tendency to excite fear or apprehension of danger, by putting out of doors or removing the goods or chattels of the party in possession, or by entering peaceably and then by unlawful refusal, or by force or threats, turning, or keeping the party out of possession.
(2) UNLAWFUL DETAINER. Where one who has lawfully entered into possession of lands as tenant fails or refuses, after the termination of the possessory interest of the tenant, to deliver possession of the premises to anyone lawfully entitled or his or her agent or attorney.
(Code 1852, §§2851, 2852; Code 1867, §§3299, 3300; Code 1876, §§3696, 3697; Code 1886, §§3380, 3381; Code 1896, §§2126, 2127; Code 1907, §§4262, 4263; Code 1923, §§8000, 8001; Code 1940, T. 7, §§966, 967; Acts 1996, No. 96-573, p. 880, §1.)
Notes of Decisions
Cited in
17
cases, 1980–2020 · 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).
· cites it 8× “What is perceptible is that any deconstruction of the meaning of Alabama’s statutes governing the ending of leases, its courts’ interpretations of them, or of Alabama’s courts’ enforcement of terminations of leases following giving of the notice of termination in the proper…”
Horne v. TGM Assocs., L.P., 56 So. 3d 615 (Ala. 2010).
“Specifically, the plaintiffs contend that TGM Associates violated the eviction statutes in force at the time — the unlawful-detainer statutes, § 6-6-310 et seq., Ala. Code 1975, and the Sanderson Act, § 35-9-80 et seq.”
In Re Morgan, 181 B.R. 579 (Bankr. N.D. Ala. 1994).
· cites it 2× “Ala.Code 1975, § 6-6-310(2). An unlawful detainer action may not be filed by the lessor, however, until 10 days following service upon the lessee of a written notice to vacate the premises.”
Ervin v. Stackhouse, 64 So. 3d 666 (Ala. Civ. App. 2010).
· cites it 3× “…from summarily discontinuing electricity service to the apartment without first obtaining a writ of possession. See Ala.Code 1975, § 6-6-310 et seq.”
Jackson v. Davis, 153 So. 3d 820 (Ala. Civ. App. 2014).
· cites it 2× “§ 6-6-310 et seq., Ala.Code 1975. The statutes provide for a limited, expedited procedure to obtain an order to remove a holdover tenant without resort to self-help remedies.”
Ex Parte Cantrell Brown, 1091367 (Ala. 9-9-2011), 83 So. 3d 512 (Ala. 2011).
· cites it 2× “Code 1975, a part of Alabama’s Unlawful Detainer Article (§ 6-6-310 et seq., Ala.Code 1975), provides: “Any party may appeal from a judgment entered against him or her by a district court to the circuit court at any time within seven days after the entry thereof, and appeal and…”
Jennings-Jones v. DeRamus, 199 So. 3d 74 (Ala. Civ. App. 2015).
“Code [1975], § 6-6-310 et seq,’ — which includes § 6-6-350[, Ala.”
Holcomb v. Morris, 457 So. 2d 973 (Ala. Civ. App. 1984).
“Section 6-6-310(2), Code 1975. Plaintiff appealed to the circuit court and amended his complaint prior to trial to include a count in ejectment.”
Boswell v. Lowery, 107 So. 3d 212 (Ala. Civ. App. 2012).
“Code 1975, a part of Alabama’s Unlawful Detain-er Article, § 6-6-310 et seq., Ala.Code 1975, provides that “[a]ny party may appeal from a judgment entered against him or her by a district court to the circuit court at any time within seven days after the entry thereof.”
King v. Hous. Auth. Etc., 496 F. Supp. 800 (N.D. Ala. 1980).
“Code, § 6-6-310 to -353 (1975) (unlawful detainer action); Alabama Code § 35-9-80 to -88 (1975) (action in the nature of unlawful detainer).”
J.C. Penney Corp., Inc. v. Oxford Mall, LLC (N.D. Ala. 2020).
· cites it 6× “In an amended counterclaim, Oxford Mall alleges one count of unlawful detainer under Ala. Code § 6-6-310 because J.C. Penney’s rights under the lease purportedly expired and J.”
Selma Air Ctr., Inc. v. Craig Field Airport & Indus. Auth., 210 So. 3d 1140 (Ala. Civ. App. 2016).
· cites it 2× “Code 1975, § 6-6-280(b), or an unlawful-detainer proceeding, see Ala.Code 1975, § 6-6-310 et seq. At trial, Craig Field did not present any evidence indicating that those legal remedies would not be adequate or that it was being threatened with a permanent and continuing injury.”
— Ala. Code § 6-6-310(2) — 4 cases
In Re Morgan, 181 B.R. 579 (Bankr. N.D. Ala. 1994).
“Ala.Code 1975, § 6-6-310(2). An unlawful detainer action may not be filed by the lessor, however, until 10 days following service upon the lessee of a written notice to vacate the premises.”
Jackson v. Davis, 153 So. 3d 820 (Ala. Civ. App. 2014).
“§ 6-6-310 et seq., Ala.Code 1975. The statutes provide for a limited, expedited procedure to obtain an order to remove a holdover tenant without resort to self-help remedies.”
Holcomb v. Morris, 457 So. 2d 973 (Ala. Civ. App. 1984).
“Section 6-6-310(2), Code 1975. Plaintiff appealed to the circuit court and amended his complaint prior to trial to include a count in ejectment.”
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