An Alabama eviction notice is a legal document completed by landlords to formally demand that a tenant vacate the rental property for reasons such as unpaid rent, lease violations, or illegal activities. Essential requirements include detailing the specific lease violation and the deadline for compliance. If the tenant does not comply, the landlord may proceed with filing an Unlawful Detainer action in the appropriate District Court.
By Type
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 Notice to Quit for Non-Compliance
Provides the tenant with seven days to rectify a lease violation or vacate the premises.
30-Day Notice Lease Termination
Informs a tenant that they must prepare to leave your property in 30 days.
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)).
How to Evict a Tenant in Alabama
In Alabama, eviction lawsuits are governed by Title 35, Chapter 9A, Article 4 of the Uniform Residential Landlord and Tenant Act.
Step 1: Send an Eviction Notice
The attorney or landlord must first serve notice to the tenant with the appropriate type of eviction notice, depending 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 give tenants a certain number of days to respond to an eviction notice, depending 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 a Response
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
Alabama landlords should be aware of the following additional 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.
- 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.
