What You Need to Know About Eviction in Alabama
Alabama laws regulate the eviction process for landlords and prohibit them from evicting a tenant without cause. Here’s everything you need to know about eviction laws and the eviction process in Alabama.
Landlords must comply with several steps before evicting a tenant in Alabama.
The process of evicting a tenant includes the following steps:
- The landlord serves the tenant with a written notice.
- The landlord files a complaint with the appropriate county.
- The court serves the tenant with the complaint and summons.
- The court holds a hearing if the tenant responds.
- The judge issues a Writ of Execution.
- The tenant must move out within seven days.
Reasons for Legal Eviction in Alabama
Eviction refers to the termination of a tenant-landlord relationship allowing the landlord to recover leased real property. Landlords intending to evict a tenant must provide a reasonable cause to evict the tenant.
Related: Can My Husband Kick Me Out of the House He Owns?
Reasons for evicting a tenant include:
- A violation of a lease or rental agreement
- The tenant fails to pay rent
- The tenant was dishonest in the rental application
- A violation of the health and safety code
- The tenant engages in illegal activities on the property
- The tenant stays on the property after the lease or rental agreement ends
Alabama law requires landlords who evict tenants for the above reasons, except staying on the premises after a lease ends, to issue a 7-Day Notice to Comply. The tenant has seven days to resolve the issue before the landlord can file an eviction. The landlord is not obligated to allow the tenant to fix the problem before issuing a Notice to Quit if the tenant commits the same agreement violation within six months.
Tenants must pay rent by the exact date specified on their lease. Landlords have a right to file a Notice to Comply immediately after the tenant misses a due date. They do not need to provide a grace period.
The time frame to issue a termination notice after a tenant does not renew a lease depends on the lease agreement type. A landlord may issue a 30-Day Notice to Quit for monthly agreements and a 7-Day Notice to Quit for weekly agreements. If a tenant does not renew a lease agreement but stays on the property even a day longer, the landlord may file an eviction lawsuit.
Illegal Evictions in Alabama
Alabama prohibits “self-help” evictions in which the landlord personally acts to remove the tenant from the property. The landlord must obtain a court order to remove a tenant from the premises.
Typical methods of self-help eviction include:
- Changing the locks
- Removing the tenant’s belongings
- Turning off utilities
Retaliatory evictions punishing tenants for exercising their rights are illegal in Alabama.
Examples of tenant rights include:
- Joining or supporting a tenant union
- Complaining to the landlord about a property-related issue
- Filing a complaint about the property with the government
- Filing a lawsuit against the landlord
Alabama Eviction Process
Alabama landlords begin the eviction process by serving the tenant with a written notice through personal delivery, certified or registered mail, or by leaving it in a conspicuous place. Depending on the circ*mstances, the notice may be a 7-Day Notice to Pay Rent, 7-Day Notice to Comply, 7-Day Notice to Quit, or a 30-Day Notice to Quit.
Related:3 Ways to Legally Kick Your Husband Out of the House
After the notice period expires, the landlord must file a complaint with the court in the appropriate county. A complaint includes the names of both parties, the rental property address, cause for eviction, and the date on which the landlord served the notice. The county clerk will notarize the complaint, and a process server or county sheriff will serve the complaint and summons to the tenant. The number of copies the server will deliver depends on the tenants living on the property.
The tenant has up to seven days to file a response to the complaint with the county clerk. Tenants deciding to contest the complaint will need a legal defense to justify why the landlord should not evict them. Examples of possible legal defenses include claiming the landlord executed an illegal eviction, the tenant resolved the violation, or the landlord discriminated against the tenant. A valid rebuttal may cause the judge to dismiss the lawsuit entirely.
If the tenant does not respond, the landlord may file a default motion judgment for a decision in their favor. If the tenant contests the eviction, the tenant may still need to pay rent to the court clerk while the lawsuit is in progress. An appeal hearing must occur within 60 days of either party requesting one. The landlord and tenant should bring copies of the lease agreement, all notices, the complaint, evidence such as photos or bills, and witnesses.
If the judge rules in favor of the landlord, a police officer or sheriff will serve the tenant with a Writ of Execution, ordering them to vacate the property. The tenant has seven days after receiving the court order to move out before a police officer forcibly removes them. The landlord must wait 14 days before disposing of the tenant’s personal belongings.
Tenants who wish to appeal the decision have seven days to do so with the circuit court. Unless the seventh day is a holiday, the tenant must file the appeal at the District Court Clerk’s office by the last day.
FAQs About Alabama Eviction
Can I sue my landlord for a forceful eviction?
Tenants have a right to sue a landlord for damages in forceful eviction cases. The tenant may recover damages and request an injunction to prevent further violations. If the landlord is guilty of illegal eviction, the tenant gains the right to stay on the property.
What if the CDC moratorium stopped my eviction?
As of 2022, there is no eviction ban in Alabama. Landlords can now evict tenants they previously could not evict due to the CDC moratorium. The Emergency Rental Assistance (ERA) provides financial help to tenants behind on rent due to COVID-19.
Contact Us
If you or a loved one would like to learn more about Alabama Eviction Laws & Process, get your free consultation with one of our most qualified attorneysin Alabama today!
