Alabama Eviction Notice
An Alabama eviction notice is a formal legal document issued by landlords to demand that tenants vacate a rental property due to specific violations of the rental agreement. Common grounds for eviction include nonpayment of rent, lease violations, or illegal activities on the premises. The eviction notice must clearly state the reason for eviction and the deadline for compliance.
Alabama Eviction Notice
Types of Alabama Eviction Notices
In Alabama, there are several types of eviction notices, each corresponding to different grounds for eviction:
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7-Day Notice to Pay Rent: This notice is issued when a tenant fails to pay rent. The tenant must pay all past due rent or vacate the property within seven judicial days (excluding weekends and legal holidays) of receiving the notice.
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7-Day Notice to Comply or Vacate: This notice is for lease violations that are curable. The tenant has seven judicial days to correct the violation or vacate the property.
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7-Day Unconditional Quit Notice: This notice is issued for serious lease violations that cannot be remedied. The tenant must vacate the property within seven judicial days without the option to correct the issue.
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30-Day Notice to Vacate: This notice is used to terminate a month-to-month or year-to-year lease. The tenant must vacate the property within 30 days of receiving the notice. If the landlord continues to accept rent during this period, the notice becomes void.
Alabama Eviction Laws
Alabama law requires that eviction notices adhere to specific legal standards. Key requirements include:
- Nonpayment of Rent: A 7-day notice is required (Alabama Code § 35-9A-421).
- Lease Violations: A 7-day notice is required (Alabama Code § 35-9A-421).
- Termination of a Lease: A 30-day notice is required for month-to-month tenancies (Alabama Code § 35-9A-441).
The eviction notice must be delivered as an official letter or form, detailing the grounds for eviction and the compliance deadline.
Alabama Eviction Process
The process for evicting a tenant in Alabama involves several steps:
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Serve the Eviction Notice: The landlord must serve the appropriate eviction notice to the tenant, specifying the grounds for eviction and the required notice period.
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Wait for Tenant Response: The tenant has a specified number of days to respond to the eviction notice, depending on the type of notice served.
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File Court Documents: If the tenant does not comply with the eviction notice, the landlord 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.
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Serve Court Documents: The tenant must receive a copy of the court documents, which can be delivered by the Sheriff’s Office, certified mail, or a private process server.
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Await Tenant’s Response: The tenant has seven days to file an Answer (Form PS-01) in response to the court documents.
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Attend Court Hearing: Both parties will attend a court hearing where the judge will decide whether the eviction can proceed. If the landlord wins, the tenant has seven days to appeal the decision.
Important Considerations
- Grace Period for Rent Payment: Alabama law does not provide a grace period for late rent (Alabama Code § 35-9A-161).
- Handling Personal Property: If the tenant leaves personal property after eviction, the landlord must store it for up to 14 days. If unclaimed, the landlord may dispose of it (Alabama Code § 35-9A-423(d)).
- Legal Compliance: It is crucial for landlords to follow all legal procedures and requirements to ensure a valid eviction process.
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.