What Is an Alabama Eviction Notice?
An Alabama eviction notice is a written document that informs a tenant that they must pay overdue rent or fix a lease violation. It also tells the tenant that if they cannot remedy the issue (or if the issue is incurable under state law), they must vacate the property in a timely manner.
Alabama eviction notices help landlords follow the required steps under state law when tenants don’t comply with the rules. Landlords can avoid forcing tenants out themselves, which is illegal under AL Code § 35-9A-407.
Types of Alabama Eviction Notices
Alabama has a universal 7-day notice for all eviction types. However, the difference lies in whether you need to issue a curable or incurable eviction notice. Below, you can review the different types of eviction notices in Alabama to find the one that works best for your situation.
7-Day Eviction Notice in Alabama (for Nonpayment of Rent)
A 7-day notice to pay rent or quit in Alabama requires a tenant to pay overdue rent within seven days or vacate the premises (AL Code § 35-9A-421(b)). You must only provide a grace period if it’s written into the lease agreement, as Alabama does not have a statutory grace period.
7-Day Notice to Pay Rent or Quit
Gives the tenant seven days to pay the full overdue rent or vacate the property.
7-Day Eviction Notice in Alabama (for Noncompliance with the Lease)
A 7-day eviction notice in Alabama is issued when a tenant fails to comply with the lease (AL Code § 35-9A-421(a, d)). It may be curable or incurable, depending on the nature of the violation:
- First-time minor lease violation: Curable.
- Performance of the same lease violation within a 6-month period: Curable.
- Intentional misrepresentation of a material fact in the lease agreement or rental application: Incurable.
- A third violation of any type within a 12-month period: Incurable.
When the violation is incurable, you may issue a 7-day notice to vacate in Alabama, leaving the tenant with no option but to leave the premises.
7-Day Notice to Quit for Noncompliance
Provides the tenant with seven days to rectify a lease violation or vacate the premises.
7-Day Eviction Notice in Alabama (for Illegal Activity)
You may issue a 7-day eviction notice in Alabama if illegal activity occurs on the property. It may be for acts the tenant commits involving illegal drugs, firearm use, or criminal assault of another tenant or guest. This violation is incurable (AL Code § 35-9A-421(d)(1–3)).
7-Day Notice to Quit for Illegal Activity
Issues seven days' notice to quit to a tenant who has committed illegal activity.
Lease Termination Notices in Alabama
In some cases, you may need the tenant to leave because you want to terminate the lease. If the tenant didn’t do anything wrong, you must use a 30-day notice to vacate to end a month-to-month tenancy or a 7-day notice to vacate to end a week-to-week lease (AL Code § 35-9A-441(b)).
30-Day Notice Lease Termination
Inform a month-to-month tenant that they must prepare to leave your property in 30 days. You may edit your notice to a 7-day notice for a week-to-week tenant.
How to Evict Someone in Alabama
It’s important to understand the eviction process in Alabama to comply with state laws. Begin by sending an eviction notice for the appropriate reason. The tenant may comply, allowing you to either regain possession of the property or continue the lease without issue. If the tenant ignores your notice, you can proceed through the proper court channels. Follow these steps to legally evict a tenant in Alabama:
Step 1 – Send an Eviction Notice
Choose the proper Alabama 7-day eviction notice template to fill out. Explain the reason for the notice and state whether it’s curable. If it’s curable, allow the tenant seven days to remedy the issue before proceeding with the next steps. Send the notice to the tenant using certified mail, personal delivery, or posting it on their door.
If you need to terminate a lease, send a lease termination letter instead, which provides a longer 30-day period for month-to-month tenancies.
Step 2 – File an Unlawful Detainer Action
If you need to proceed with the Alabama eviction process after seven days of no response or action from the tenant, you may file an unlawful detainer action under AL Code § 35-9A-461. You must file it in the district or circuit court where the property is located.
When you file, use Form C-59 (Complaint for Unlawful Detainer). This form lets you claim possession of the property and monetary damages, including unpaid rent, late fees, and attorney’s fees.
Step 3 – Serve the Summons and Complaint
Once the court receives the complaint, it issues a summons. A sheriff or professional process server must serve the tenant with the summons and complaint that you completed in step two.
The sheriff or process server must attempt personal service of the summons and complaint. If they cannot find the tenant after reasonable attempts, they can post the paperwork on the unit’s door and send a copy via first-class mail (AL Code § 35-9A-461).
Any service for monetary damages must be performed under standard civil procedure rules. This means that posting the summons and complaint on the door is insufficient in this case.
After service, the tenant has the following amount of time to contest each portion of the claim:
- Seven calendar days to contest the possession claim
- 14 calendar days to answer the claims for money damages
Tenants must use the Answer to Landlord’s Claim (Form PS-01) to file their answer to your claim.
Step 4 – Attend the Court Hearing
If the tenant fails to file an answer, you are allowed to file a motion for default judgment to gain immediate possession of the property. If they answer, you both must attend the court hearing. Prepare for this hearing by bringing satisfactory evidence, which may include a copy of the lease agreement, the served pre-suit notice, and rent ledgers.
Your court case will likely go on without delay, as eviction cases take priority over other cases under AL Code § 35-9A-461(b).
Step 5 – Obtain a Ruling and Request a Writ of Possession
If the judge rules in your favor or grants a default judgment, the tenant has seven calendar days to appeal the judgment to the Circuit Court (AL Code § 35-9A-461(d)). If the tenant does not appeal, you must apply to the court clerk for a Writ of Restitution or Possession (Form C-59A). A Writ of Restitution authorizes law enforcement to physically remove the tenant.
The timeline for a Writ of Possession varies by county and the sheriff’s current caseload. Only the county sheriff or authorized law enforcement personnel can execute the writ and remove the tenant. You may not attempt to physically remove the tenant on your own.
What If the Tenant Leaves Their Belongings Behind?
Sometimes, a tenant may leave their belongings behind when they leave after a writ is executed. AL Code § 35-9A-423 requires that you store the tenant’s abandoned property for at least 14 calendar days and make a reasonable effort to let them retrieve it. After 14 days, you may dispose of or sell the property.
Sample Alabama Eviction Notice
View our sample eviction notice in Alabama to see how you can communicate that the tenant is behind on their rent and must pay within seven days. Fill out your own 7-day Alabama eviction notice form using Legal Templates’s guided form, whether it be for late rent or other lease violations. When you’re ready, you may download the final printable document in PDF or Word.
