Can an Alabama Landlord Accept Rent and Still Evict You?
An Alabama landlord’s acceptance of rent can affect the right to evict for an existing lease breach, but a payment does not automatically end every eviction case. The important questions are what the landlord accepted, what the landlord knew, and what the parties agreed after the problem occurred.
This issue often arises when a tenant pays through an online portal after receiving a termination notice. The portal says “payment successful,” but the landlord continues pursuing possession. Alabama law requires a closer examination of that transaction.
Alabama’s rule on accepting rent after a breach and still evicting the tenant
Alabama Code § 35-9A-424 provides that accepting rent with knowledge of a tenant’s default waives the landlord’s right to terminate the rental agreement for that breach, unless the parties otherwise agree after the breach occurred. The provision also addresses accepting performance that differs from the agreement’s terms.
A waiver means the landlord has given up a particular right through the conduct identified in the statute. The words “for that breach” matter. A waiver concerning one missed payment does not give the tenant permission to miss future payments or disregard a different lease obligation.
The timing also matters. An agreement made after the breach may preserve a termination position that accepting rent would otherwise affect. A general clause signed at the beginning of the tenancy should not simply be assumed to answer a statute that specifically addresses an agreement after the breach.
Is a partial payment enough to stop an eviction?
Partial payment requires careful review. Section 35-9A-424 does not make the question depend only on whether the payment covered the entire balance. Acceptance, knowledge of the default, and a qualifying later agreement are central to the analysis.
Suppose a landlord sends a nonpayment notice and later keeps a payment covering part of the overdue rent. That sequence may support a waiver argument. The result can differ if the parties entered a legally effective agreement addressing what acceptance would mean.
A tenant should preserve the payment confirmation, bank record, ledger entry, notice, and related messages. A landlord should preserve the same records and have counsel evaluate the effect of accepting funds while a termination or court case is pending.
A payment that was rejected or returned presents different facts from a payment actually accepted. The label on a portal screen is evidence, but it may not reveal the complete transaction.
How does full payment during the notice period differ?
Curing a nonpayment default and proving waiver are related but distinct issues. Alabama Code § 35-9A-421(b) governs the written notice for unpaid rent, including the amount of rent and late fees owed and a termination date at least seven business days after receipt.
Timely cure of a curable default can prevent termination. Acceptance after a breach raises the separate waiver analysis under § 35-9A-424. Repeat breaches and statutory limits on cure can also affect the result, so the full notice history should be reviewed.
Do not assume that paying after an eviction judgment has the same effect as curing a notice before the case begins. The stage of the proceedings and the terms of any court order can change the questions that need to be addressed.
What should a payment agreement actually resolve?
A useful agreement should clearly address whether the termination notice is withdrawn, whether the tenancy continues, and what happens to any pending lawsuit. An agreement about the amount of debt alone may leave possession unresolved.
For example, “the tenant will pay $500 Friday” does not explain whether the landlord will dismiss the case, postpone a hearing, or continue seeking possession. The parties should also resolve how payments are allocated, how fees are handled, and what happens if a payment is late.
A proposed agreement should be reviewed before it is signed. A tenant needs to understand any reservation of rights or release of claims. A landlord needs enforceable terms that accurately reflect the intended arrangement.
Does accepting payment automatically dismiss the lawsuit?
No. Even when a tenant has a potentially strong waiver defense, a pending case still requires attention. A payment receipt does not replace an answer, a court appearance, or an order disposing of the case.
If the parties settle, confirm what filing will be made and when. A statement that the case is “on hold” may mean something very different from a filed dismissal.
The tenant should bring the payment evidence to counsel promptly. The landlord should review the payment before continuing to seek a judgment based on the same breach. Either side can lose time and money by treating a payment as legally meaningless without checking the statute.
Common questions about rent accepted after notice
What if the lease says partial payments never stop eviction?
The entire agreement and the timing of any later agreement must be reviewed. Section 35-9A-424 specifically refers to an agreement made after the breach. A preprinted lease clause should not be treated as the complete answer without that analysis.
Does an automatic online payment count as acceptance?
The records matter. Determine whether the funds were actually accepted, credited, retained, reversed, or returned, and what the landlord knew. Save the transaction history and all communications about the payment.
Can the landlord use a different reason to seek eviction?
A waiver for one breach does not automatically resolve a separate breach or future default. The landlord must still establish a lawful basis and follow the procedure that applies to the claim being pursued.
Have Apex Law review the notice and payment history
Apex Law LLC handles Alabama landlord-tenant disputes, with offices in Huntsville and Birmingham. We can review the lease, notice, payment records, and court papers to evaluate how the acceptance of rent affects your case. Learn about our eviction defense services or landlord representation.
Call (256) 203-4290 or contact Apex Law to request a consultation. A 30-minute telephone consultation is $200. Consultation details.
This article provides general information about Alabama law. It is not legal advice for a particular case and does not create an attorney-client relationship.
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