Alabama Eviction Notice

Landlords issue Alabama eviction notices as formal legal documents to demand that tenants vacate rental properties. These notices stem from specific violations of rental agreements. Common grounds for eviction include nonpayment of rent, lease violations, or illegal activities on the premises.

Furthermore, the eviction notice must clearly state the reason for eviction and the deadline for compliance.

Types of Alabama Eviction Notices

Alabama law provides several types of eviction notices. Each corresponds to different grounds for eviction:

1. 7-Day Notice to Pay Rent

Landlords issue this notice when tenants fail to pay rent. Additionally, tenants must pay all past due rent or vacate the property within seven judicial days. This period excludes weekends and legal holidays from the time they receive the notice.

2. 7-Day Notice to Comply or Vacate

Landlords use this notice for lease violations that tenants can cure. Therefore, tenants have seven judicial days to correct the violation or vacate the property.

3. 7-Day Unconditional Quit Notice

Landlords issue this notice for serious lease violations that tenants cannot remedy. Consequently, tenants must vacate the property within seven judicial days without the option to correct the issue.

4. 30-Day Notice to Vacate

Landlords use this notice to terminate month-to-month or year-to-year leases. Furthermore, tenants must vacate the property within 30 days of receiving the notice. However, if landlords continue to accept rent during this period, the notice becomes void.

Alabama Eviction Laws

Alabama law requires eviction notices to adhere to specific legal standards. Key requirements include:

Nonpayment of Rent Requirements

Alabama Code § 35-9A-421 requires landlords to provide a 7-day notice for nonpayment of rent.

Lease Violation Requirements

Alabama Code § 35-9A-421 requires landlords to provide a 7-day notice for lease violations.

Lease Termination Requirements

Alabama Code § 35-9A-441 requires landlords to provide a 30-day notice for month-to-month tenancies.

Notice Format Requirements

Landlords must deliver eviction notices as official letters or forms. Additionally, these documents must detail the grounds for eviction and the compliance deadline.

Alabama Eviction Process

The process for evicting tenants in Alabama involves several steps:

Step 1: Serve the Eviction Notice

Landlords must serve the appropriate eviction notice to tenants. Therefore, they must specify the grounds for eviction and the required notice period.

Step 2: Wait for Tenant Response

Tenants have a specified number of days to respond to eviction notices. This timeframe depends on the type of notice landlords serve.

Step 3: File Court Documents

If tenants do not comply with eviction notices, landlords may file an Unlawful Detainer complaint with the local court. This requires submitting a Complaint / Statement of Claim (Form C-59) along with the eviction notice and the original lease.

Step 4: Serve Court Documents

Tenants must receive copies of court documents. Furthermore, the Sheriff’s Office, certified mail, or private process servers can deliver these documents.

Step 5: Await Tenant’s Response

Tenants have seven days to file an Answer (Form PS-01) in response to court documents.

Step 6: Attend Court Hearing

Both parties attend a court hearing where judges decide whether evictions can proceed. Additionally, if landlords win, tenants have seven days to appeal the decision.

Important Considerations

Grace Period for Rent Payment

Alabama Code § 35-9A-161 does not provide a grace period for late rent. Therefore, landlords can immediately begin eviction proceedings for nonpayment.

Handling Personal Property

If tenants leave personal property after eviction, landlords must store it for up to 14 days. Furthermore, if tenants do not claim the property, landlords may dispose of it according to Alabama Code § 35-9A-423(d).

Legal Compliance Requirements

Landlords must follow all legal procedures and requirements to ensure valid eviction processes. Additionally, failure to comply with proper procedures can invalidate eviction attempts.

Statutes

Ala. Code § 35-9A-201(a) – Security Deposit Maximum
Ala. Code § 35-9A-201(b) – Withholding of Security Deposit
Ala. Code § 35-9A-201(c) – Security Deposit Withholding
Ala. Code § 35-9A-201(d) – Itemized List of Damages and Charges
Ala. Code § 35-9A-201(f) – Failure to Comply with Security Deposit Regulations
Ala. Code § 35-9A-301 – Tenant to maintain dwelling unit
Ala. Code § 35-9A-161(c) – Rent Due Date
Ala. Code § 8-8-15 – Returned Check Fees
Ala. Code § 35-9A-401 – Tenant Rights to Terminate Rental Agreement
Ala. Code § 35-9A-407 – Prohibition of Self-Help Evictions
Ala. Code § 35-9A-421(a) – Notice for Lease Violation
Ala. Code § 35-9A-421(b) – Notice to Terminate for Nonpayment of Rent
Ala. Code § 35-9A-421(c) – Landlord Right to Recover Court and Attorney’s Fees
Ala. Code § 35-9A-423(c) – Landlord’s Duty to Mitigate Damages
Ala. Code § 35-9A-441(a) – Notice to Terminate a Week-to-Week Lease
Ala. Code § 35-9A-441(b) – Notice to Terminate a Month-to-Month Lease
Ala. Code § 35-9A-303(a)(1) – Emergency Entry without Notice
Ala. Code § 35-9A-303(b)(4) – Notice for Showing the Property
Ala. Code § 35-9A-303(d) – Notice Before Entry for Maintenance and Repairs
Ala. Code § 35-9A-303(b)(4) – Notice for Showing the Property
Ala. Code § 35-9A-202 – Landlord Disclosure of Names and Addresses
Ala. Code § 35-9A-204 – Landlord’s Duties
Ala. Code § 35-9A-501(a) – Retaliation Prohibition
Ala. Code § 35-9-5

FAQs

An Alabama eviction notice is a legal document that landlords use to formally demand that a tenant vacate the rental property due to reasons such as unpaid rent, lease violations, or illegal activities. It should be used when a tenant fails to comply with the terms of the lease agreement, such as not paying rent or violating lease provisions.

In Alabama, there are several types of eviction notices, including a 7-Day Notice to Pay Rent for nonpayment, a 7-Day Notice to Cure for lease violations, a 7-Day Unconditional Quit Notice for serious offenses, and a 30-Day Notice for terminating month-to-month tenancies. Each type has specific requirements and timelines for tenant compliance.

In Alabama, tenants typically have 7 days to respond to a 7-Day Notice to Quit for nonpayment or lease violations. For a 30-Day Notice to terminate a month-to-month lease, the tenant must vacate the property within 30 days of receiving the notice.

To evict a tenant in Alabama, a landlord must first serve the appropriate eviction notice. If the tenant does not comply, the landlord can file an Unlawful Detainer complaint with the local court. After a court hearing, if the judge rules in favor of the landlord, a Writ of Possession can be issued to enforce the eviction.

No, a landlord cannot forcibly evict a tenant in Alabama without going through the formal eviction process. This includes serving the proper eviction notice and obtaining a court order for eviction. Self-help methods, such as changing locks or removing a tenant’s belongings, are illegal.

If a tenant does not comply with an eviction notice in Alabama, the landlord may file an eviction lawsuit, known as an Unlawful Detainer action, in the appropriate court. If the court rules in favor of the landlord, the tenant will be ordered to vacate the property, and a Writ of Possession may be issued to enforce the eviction.

An Alabama eviction notice must include the tenant’s full name, the address of the rental property, the specific lease violation or reason for eviction, the amount of rent due if applicable, and the deadline for compliance. It should also be signed by the landlord and include the method of delivery.

An eviction notice in Alabama can be served by hand delivery to the tenant or by mailing it to the tenant’s last known address via certified mail. It is important to keep a record of the delivery method to ensure compliance with legal requirements.