I had sowed the crop in the land before the notice to quit was issued the landlord.
Full Question:
I am a Tenant-at-will living in Alabama. The landlord gave me the notice to quit last week. I had sowed the crop in the land before the notice to quit was issued. The landlord is about to sell the property. Am I entitled to claim the crops? What is the law in this regard?
12/26/2016 |
Category: Landlord Ten... ยป Lease Termin... |
State: Alabama |
#28801
Answer:
Per Code of Ala. § 35-9-3, “[w]here no time is specified for the termination of tenancy, the law construes it to be from December 1 to December 1 but if it is expressly a tenancy at will, then either party may terminate it at will, by 10 days' notice in writing.”
However, “[t]he tenant at will is entitled to his emblements, if the crop is sowed before notice to quit by the landlord, or the tenancy otherwise suddenly terminated, as by sale of the estate by the landlord, or by judicial sale, or death of the landlord or tenant.” Code of Alabama § 35-9-2.
There are certain duties and obligations upon the tenants. Code of Ala. § 35-9-2 illustrates the remedies available to the landlords. It provides that: “Statutes, which are in derogation of the common law if crops are sown before notice to quit by a tenant in possession, holding at the will of the owner of the estate, confer on the tenant title to the crops, and provide a remedy in case or proceedings to recover possession by an action of ejectment or by judicial sale, by which the tenant may retain possession until the crops are gathered upon giving security of the rent, do not relieve the tenant from the duty and obligation to pay the owner of the dominant estate mesne profits as compensation for use and occupation.”
Thus, if the tenant sowed the crop before the notice of expiration of tenancy, then the tenant is entitled to his emblements. However, the tenant has the duty and obligation to pay the owner of the dominant estate mesne profits as compensation for use and occupation of the property.
