How To Serve an Eviction Notice in Alabama

How To Serve an Eviction Notice in Alabama

Last Updated: March 4, 2024 by Roberto Valenzuela

In Alabama, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.

Who Can Serve Eviction Notices in Alabama?

In Alabama, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law. Notice of a court case filed to remove a tenant must, however, be delivered by an authorized server of process.

When Can Eviction Notices Be Served in Alabama?

In Alabama, lease termination and eviction notices can be served immediately on any day of the week and at any time of day. A landlord may choose to serve eviction notices on judicial days since weekends and legal holidays are not counted in the notice period.

For a 7 Day Notice to Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no grace period for paying rent in Alabama, rent is late starting the day after it’s due.

Acceptable Forms of Service in Alabama

Alabama landlords may deliver a termination notice using any of these methods:

  1. Hand delivery to the tenant
  2. Delivery by mail to the tenant’s last known address, with adequate prepaid postage (considered delivered three days after mailing)

These requirements only apply to an initial notice of termination (for example, an initial Notice To Quit for nonpayment of rent). Once the landlord is actually filing an eviction in court, notice of the court case must be served by someone authorized to serve official process under Alabama law. Mailed notice of a court case is only acceptable after official service of process fails.

Obtaining Proof of Service in Alabama

A landlord can prove delivery of notice through any evidence that shows the tenant received actual notice. This often is most effective using one of the following methods:

  • Hand Delivery – by completing a Declaration of Service at the time of delivery
  • Mail – via return receipt or certificate of mailing (depending on the type of mail used), and by completing a Declaration of Service after mailing

Alabama Eviction and Lease Termination Notice Forms

Notice Form Grounds
7 Day Notice To Quit Eviction for Unpaid Rent
7 Day Notice To Vacate Eviction for Illegal Activity
7 Day Notice To Comply or Vacate Eviction for Lease Violation
7 Day Notice To Terminate Tenancy Ending a Weekly Lease
30 Day Notice To Vacate Ending a Monthly / Yearly Lease