Eviction Laws
Reasons for Eviction in Alabama
- Nonpayment of rent
- Lease agreement violations
- Submitting false or misleading information on a rental application, such as:
- Employment status
- Number of people living in the unit
- Personal information
- Criminal/eviction history
- Conducting illegal activity
- Theft
- Violent assault
- Involvement in the creation, distribution, or consumption of a controlled substance
- Involvement in the creation, distribution, or possession of a firearm (not in cases of self-defense)
- Material health or safety violation
- Inviting bugs or rodents by not throwing out trash
- Damage to electrical wiring
- Ruining plumbing fixtures
- End of the lease term
Notice to Vacate
The landlord must provide:
- A 7-day notice to quit for falsified rental application information
- A 7-day notice to quit for illegal activity
- A 30-day notice to quit for the end of the lease
Notice to Comply
The landlord needs to offer:
- A 7-day notice to pay for nonpayment of rent
- A 7-day notice to comply for lease term violations and material health/safety violations
Learn more about the eviction process, including the average cost.
Serving the Tenant
A notice to quit/comply can be served by handing the documents to the tenant or posting them on the premises. The summons and complaint can be served by:
- Personal service by court official to the tenant
- Personal service to anyone living in the unit if the tenant isn’t available
- Posting the documents in a visible area, then mailing a copy via first class
The service or posting must be made at least six days before the hearing date.
Tenant Possessions
The landlord has no obligation to store abandoned property for longer than 14 days. If unclaimed after 14 days, the landlord can donate or dispose of the property as they deem necessary.
Eviction Timeline
Below you’ll learn the average timeline for a complete eviction in Alabama. This projected timeline could change based on the complexities of your specific case.
Typically, the Alabama eviction process takes between four to six weeks.
Frequently Asked Questions
How to Start the Eviction Process in Alabama
First, issue and serve the notice to pay or quit. If the tenant doesn’t remedy the violations within the required time, the landlord can file an eviction action with the court where the property is located.
A hearing date will be set in these documents.
The landlord must serve or post (with additional mailing) court documents to the tenant. If the tenant doesn’t appear in court, judgment will be entered in favor of landlord.
If the tenant appears and requests a jury trial, that will be scheduled.
If the landlord is the prevailing party in the suit, a writ of possession will be issued. The landlord will post this document on the premises, which will set forth a 14-day deadline for tenants to vacate.
If tenants haven’t vacated by that time, the Sheriff’s eviction can be scheduled, and they’ll escort tenants out of the premises.
How to Stop the Eviction Process in Alabama
Tenants can pay the amount owed during the eviction process, but the landlord still has the option to continue with the termination of the lease process and force them to vacate.
How Long is the Eviction Process in Alabama?
On average, the eviction process in Alabama is four to six weeks, but it could take longer.