If you’re a landlord seeking to evict a tenant, use an Alabama (AL) eviction notice to begin the process. Your eviction notice must be written according to Alabama state law and give your tenant the legally required amount of time to respond or move out.
If the tenant doesn’t comply with the eviction notice, the landlord may file an eviction action in the Judicial Court in the county where the property is located. In Alabama, eviction lawsuits are governed by Title 35, Chapter 9A, Article 4 of the Uniform Residential Landlord and Tenant Act.
For reference, an Alabama Eviction Notice is also known as:
- Alabama Notice to Pay or Quit
- Alabama Notice to Quit
- Alabama Notice to Vacate
- Alabama Lease Termination
Alabama Eviction Notices by Type
Download a free eviction notice customized for Alabama state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease and that they must prepare to leave your property. In Alabama, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
7-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In Arizona, landlords must give tenants seven days’ notice before eviction can proceed in court. In that time, tenants may have the option to fix (or “cure”) the problem.
7-Day Notice to Pay Rent or Quit: Use this notice to evict a tenant if they haven’t paid rent on time. In Arizona, landlords must give tenants seven days to pay rent before eviction can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Eviction Laws & Requirements
- Eviction Lawsuit: Also known as an unlawful detainer action. § 6-6-310 to § 6-6-353
- Grace Period for Rent Payment: Alabama law has no grace period for late rent. § 35-9A-161
- Late or Non-Rent Payment Notice: 7 days § 35-9A-421(b)
- Notice of Non-Compliance: 7 days § 35-9A-421(a)
- Lease Termination (Month-to-Month): 30 days § 35-9A-441(b)
What is the Eviction Process in Alabama?
An eviction action (otherwise known as unlawful detainer action) in Alabama should be guided by the Uniform Residential Landlord and Tenant Act. You can begin an eviction action by yourself or through an attorney.
Prior to starting the eviction process, make sure you understand all the related laws and requirements. Otherwise, please consult a lawyer to ensure all eviction actions taken comply with the laws of Alabama.
Step 1: Send an eviction notice
The attorney or landlord must first serve notice to the tenant with the appropriate type of eviction notice. The type of Alabama eviction notice you select depends on the violation and the details outlined in the lease. It should be sent by certified mail so there’s a record of the tenant receiving it.
Step 2: Allow the tenant to respond
Landlords must allow tenants a certain number of days to respond to an eviction notice. The number of days depends on the notice type.
Step 3: File the Initial Court Documents
If the tenant doesn’t respond in time, the landlord may begin the eviction process by filing a Complaint / Statement of Claim (Form C-59) with the local Judicial Court Circuit where the property is located. Filing the eviction notice costs $256, plus $10 per additional defendant. Copies of the notice sent to the defendant and the original lease should be filed along with the complaint.
Step 4: Serve the tenant
The tenant must receive a copy of the documents filed in court. This may be done through the Sheriff’s Office, First Class Certified Mail, or a private process server.
Step 5: Wait for the tenant to file Response Form PS-01
The tenant has seven days to respond by filing an Answer (Form PS-01).
Step 6: Attend the court hearing and await judgment
Once the paperwork is filed, the judge will set a hearing date for each party to appear. If the court rules in favor of the landlord, the tenant has seven days to appeal. After the appeal window, if the judgment to evict the tenant stands, the tenant must vacate the property.
The court will then issue the landlord a Writ of Restitution or Possession (Form C-59A), which the local sheriff will serve on the tenant to evict them if they haven’t already left the property.
If the tenant leaves personal property in the rental unit after the eviction, the landlord must store it for up to 14 days. If the tenant doesn’t claim the property in that timeframe, the landlord may dispose of it according to § 35-9A-423(d).
Related Alabama Court Forms
Statement of Claim, Unlawful Detainer (Form C-59): Completed by the plaintiff and their lawyer, a Statement of Claim details the reason/s for eviction. It must be filed at the county courthouse where the property is located.
Notice of Forcible Entry and Detainer (or Unlawful Detainer) (Form C-60): The official notice of a lawsuit to be filed with the complaint. A copy should be served to the tenant after the courthouse filing.
Answer to Landlord’s Claim (Form PS-01): The official form in which the tenant either confirms or denies the allegations made by the landlord in the Unlawful Detainer complaint form.
Writ of Restitution or Possession (Form C-59A): Once the court approves, a landlord asks the sheriff to remove their tenant if they haven’t already vacated the property.
Eviction Information for Alabama Landlords and Tenants
Eviction is a process that most landlords and tenants would rather avoid.
However, if evicting your tenant (or facing eviction) becomes inevitable, here are some landlord- and tenant-specific resources for Alabama residents to help you handle the eviction process:
Eviction notices in Alabama must include the legal reason for the eviction, the dollar amount of overdue rent (if applicable), and the number of days the tenant has to cure the problem or leave.
An eviction notice must also be legally served to the tenant. If it’s not served, the eviction cannot proceed, and the landlord may even be sued. It’s best to review the Uniform Residential Landlord and Tenant Act, and speak with a lawyer who understands Alabama eviction law before proceeding. See the Alabama Courts website for more information.
If you receive an eviction notice, read it carefully to understand why. If you have questions, you can ask the landlord directly.
Alabama tenants have certain housing rights, including:
- The right to receive notice before being asked to leave a property.
- The right to have a certain number of days to cure violations of the rental agreement.
- The right to appeal to the court when a landlord issues an eviction notice.
If you believe the eviction notice is illegal or if there’s another problem, contact a lawyer. If hiring a lawyer is too expensive, law school clinics and legal aid groups can help at affordable or no-cost rates.
For guidance on tenants’ rights, please review the Alabama Tenants’ Handbook, or visit AlabamaLegalHelp.org. Additional tenant information can be found at U.S. HUD Resources for Alabama or at the Alabama Courts website.