Code of Alabama

Ala. Code § 6-6-314 (2026)

Liability of Lessee Holding Over; How Such Recovered.

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

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Any person who, having entered into the possession of lands and tenements under a contract of lease, forcibly or unlawfully retains the possession thereof after the expiration of his term or refuses to surrender the same on the written demand of the lessor, his agent, or attorney or legal representative, is liable for double the amount of the annual rent agreed to be paid under such contract and for such other special damages as may be thereby sustained by the party thus unlawfully kept out of possession, to be recovered as now provided by law in actions of unlawful detainer or by a civil action for damages.

(Code 1867, §3312; Code 1876, §3709; Code 1886, §3391; Code 1896, §2137; Code 1907, §4273; Code 1923, §8014; Code 1940, T. 7, §977.)

Notes of Decisions

Cited in 3 cases, 1979–2010 · leading case: Horne v. TGM Assocs., L.P., 56 So. 3d 615 (Ala. 2010).

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Horne v. TGM Assocs., L.P., 56 So. 3d 615 (Ala. 2010). “5 The unlawful-detainer statutes permit a landlord to recover double the annual rent from a tenant who “forcibly or unlawfully retains possession” of a tenement “after the expiration of his term or refuses to surrender the same on the written demand of lessor-” § 6-6-314,…”

Holcomb v. Morris, 457 So. 2d 973 (Ala. Civ. App. 1984). “There was no testimony of any fair rental value of the land as required under section 6-6-314, Code 1975, nor any proof of pecuniary loss suffered by plaintiffs.”

Mitchell v. Rogers, 370 So. 2d 263 (Ala. 1979). “Lessors raised the following three issues: (1) Was it reversible error for the Lessee’s counsel to comment in his closing argument on the money received from various sources by the Lessors for this realty? (2) Where an action to recover rent and an action brought under §…”

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