Alabama Eviction Process

How to Evict a Tenant in Alabama (6 Steps)

Step 1: Send an Eviction Notice

Once the lease violation has been identified, the tenant must be served an eviction notice (or “notice to quit”) in compliance with state law before initiating court eviction proceedings. This notice details the violation, possible remedies, and the deadline for compliance.

Ala. Code § 6-6-310 to § 6-6-353 governs eviction proceedings in the state, establishing the circumstances under which a landlord can evict a tenant and the steps the landlord must take.

Step 2: File an Eviction Lawsuit with the Court

After the notice period, Ala. Code § 35-9A-461(b) requires landlords to file an eviction lawsuit at the District or Circuit Court, depending upon the county you are located in.

They can file a complaint through Alabama’s e-Filing Portal or directly with the Clerk’s Office and should detail landlord and tenant names, property address, eviction grounds, and notice served date. After notarization, documents are sent for service by a process server or sheriff, with fees typically around $247 plus $10 per tenant.

The landlord will need to fill out a Statement of Claim for Eviction/Unlawful Detainer detailing the reason for the eviction, including whether the tenant has violated the lease agreement or failed to pay rent. The form also allows landlords to claim any monetary damages related to the case, including unpaid rent.

Step 3: Serve the Summons

The sheriff’s office will serve the tenant with a summons to appear in court. This must either be delivered directly to the tenant by hand or to another party living on the property and mailed to the tenant’s mailing address, complete with a return receipt or certificate.

If no person is available to receive the summons, it can be posted to the front door of the property and mailed to the tenant’s address with a return receipt. The summons will let the tenant know that they need to appear in court and any relevant reasons for the eviction.

Step 4: Wait for the Tenant’s Answer

The tenant has a right to file an answer to the summons within seven days of receiving it. Alabama uses the Answer to Landlord’s Claim, which allows the tenant to share their side. That includes any reason they believe they should not be evicted from the property, such as their efforts to rectify a lease violation or inability to pay rent due to the landlord’s actions or unavailability.

If the court finds any valid defense, except for document errors, the eviction may be dismissed. For document errors, the eviction process must restart. If the tenant doesn’t contest, the eviction process continues as follows.

This form should be submitted to the landlord or their attorney and the court. Without an answer from the tenant, Ala. R. Civ. P. 12 notes that the court may assign a default judgment against them. On the other hand, if the tenant does complete that process, they will be given a date and time to appear in court.

Step 5: Prepare for the Hearing

Both the landlord and the tenant will appear in court and have the opportunity to present their cases. The landlord should bring:

• A copy of the lease agreement
• The eviction notice and proof of service
• The complaint
• Evidence related to the lease violation

If the case is decided in the landlord’s favor, according to Ala. Code § 35-9A-461(e), the judge will issue a Notice of Forcible Entry and Unlawful Detainer (Form C-60). The automatic stay on the writ will be for seven days, which gives the tenant time to move out of the property.

If the judge decides in the tenant’s favor, they will not have to move out of the property, and the original lease agreement will remain valid. If either party does not agree with the decision made by the court, they have the right to file an appeal.

Step 6: Deliver Final Notice and Initiate Forcible Removal

If the landlord wins and the tenant does not move out within seven days, the landlord must take the Writ of Restitution or Possession under Ala. Code 6-6-319 served by the court to the sheriff’s office to prepare for the eviction.

The sheriff will serve the writ on the tenant and give them a final notice period to move out. Often, this is within 24 hours, but depending on circumstances, the sheriff may allow a few days for the move-out process.

If the tenant does not remove their possessions and themselves from the property within the final notice period, the sheriff will arrive to forcibly remove them. At that time, the landlord can retake possession of the property.

The sheriff may recommend that the landlord change the locks now to prevent the tenant from reentering the property. The landlord should not take any steps to forcibly remove the tenant, either before or during this time.

Eviction Reasons

In Alabama, there are two key categories of evictions. The type of eviction may determine the notice period and the paperwork the landlord needs to file to remove the tenant from the property.

Notice for Termination With Cause

The landlord’s initial step in eviction is to terminate the lease due to legal causes, such as non-payment, lease violations, or illegal activities, as defined by state laws. A seven-day notice is required, but tenant options differ based on the eviction reason.

1. Notice to Pay Rent

Overview:

• Under Ala. Code § 35-9A-421(b), the tenant must pay the outstanding rent within a 7-day period before the landlord moves forward with the eviction.
• There is no grace period, so if the tenant falls behind on rent payments, the landlord has the right to issue a notice and begin eviction proceedings.
• The seven days laid out in the notice are calendar days; however, if the 7th day falls on a weekend or holiday, the tenant has the right to answer the notice on the next business day.

2. Notice to Remedy

Overview:

• When a tenant materially breaches the rental terms, intentionally misrepresents facts in the agreement or application, or violates Ala. Code § 35-9A-301 related to health and safety, the landlord can issue a written notice to terminate the lease.
• As per Ala. Code § 35-9A-421(a), failure to follow those terms can result in eviction from the property.
• The tenant has seven days to take care of the lease violation.

3. Unconditional Quit Notice

Overview:

• The tenant has no opportunity to rectify the agreement, so the landlord can proceed with the eviction as soon as the 7-day notice period is up.
• An unconditional notice to quit is issued due to illegal activity, including handling illegal drugs, handling a firearm illegally, or assaulting another person on the premises.
• It may also include committing the same violation for which the tenant has already received notice within six months of the original notice and lying on a rental application.

Notice for Termination Without Cause

When a landlord lacks legal grounds for eviction, they must wait until the lease or rental agreement ends before expecting the tenant to vacate. In some instances, the landlord may still be required to provide the tenant with a written notice to move out.

1. Notice to End a Month-to-Month Tenancy

Overview:

• Both parties have the right to end the lease by giving the notice laid out in the agreement.
• Under Alabama Code § 35-9A-441(b), if the landlord chooses to terminate a month-to-month lease agreement, they must give the tenant a 30-day Notice.
• For a week-to-week agreement, a 7-day Notice is necessary.

2. Notice to End a Fixed-Term Tenancy

Overview:

• If a landlord wants to end a fixed-term lease without legal cause for eviction, they must wait until the lease ends for the tenant to move.
• Written notice isn’t required unless specified in the lease; once the lease expires, the landlord can expect the tenant to vacate.

Eviction Timeline

Tenant Rights in Alabama

While landlords have the right to evict a tenant who does not follow the terms of the lease agreement or who commits a dangerous violation on the property, tenants also have the right to habitable properties. They also have rights against forcible entry and the landlord evicting them without following the legal process.

Self-Help Evictions

When a landlord attempts to evict a tenant from the property without following the legal process, this is called a self-help eviction, which may include actions like:

• Cutting off utilities to the property.
• Changing the locks on the property.
• Removing the tenant’s possessions from the premises.
• Threatening the tenant to get them to leave the property.

Self-help evictions are illegal in Alabama. The landlord must follow the legal process to evict a tenant, which includes everything from giving the required notice period to offering the tenant the opportunity to rectify lease violations.

Abandoned Property

Sometimes, a tenant may move out without taking their property with them. This abandoned property can prevent the landlord from fully repossessing it, making any necessary modifications to it, or renting it out to another tenant.

Under Ala. Code § 35-9A-423(d), the landlord must store the tenant’s property for 14 days. After that period, they can dispose of the abandoned property.

Resources

• Alabama Legal Help: Guidance for both landlords and tenants in the state, including detailed information on tenant rights.
• Alabama HUD Resources: Information about tenant rights, including what tenants can do if a landlord fails to adhere to those rights.
• Alabama Court Fee Distribution Chart: The fees for the various legal services required to evict a tenant.
• Huntsville Housing Authority: City-specific resources for tenants and landlords.