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 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.
When Can 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 is due.
Acceptable Forms of Service in Alabama
A landlord can deliver notices in Alabama using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion at the property AND mailing the notice by first class mail with a certificate of mailing or certified mail with a return receipt;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by first class mail with a certificate of mailing or certified mail with a return receipt.
When sending the notice by first class or certified mail , add three (3) additional calendar days to the notice period to account for variability in post office delivery times.
Obtaining Proof of Service in Alabama
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand delivery – by completing a Declaration of Service at the time of delivery.
- First Class or Certified Mail – via return receipt and by completing a Declaration of Service after mailing.
- Posting at the premises – by taking a photograph and completing a Declaration of Service at the time of delivery.
Alabama Eviction & Lease Termination Notice Forms
| Notice Form | Grounds |
|---|---|
| 7 Day Notice to Quit | Eviction for Unpaid Rent |
| 7 Day Notice to Vacate | Eviction for Lease Violation |
| 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 Lease |
Sources
- 1 Alabama Statute 35-9A-461
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Service of process shall be made in accordance with the Alabama Rules of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve the defendant personally, service may be had by delivering the notice to any person who is sui juris residing on the premises, or if after reasonable effort no person is found residing on the premises, by posting a copy of the notice on the door of the premises, and on the same day of posting or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of the person, shall mail notice of the filing of the unlawful detainer action by enclosing, directing, stamping, and mailing by first class a copy of the notice to the defendant at the mailing address of the premises and if there is no mailing address for the premises to the last known address, if any, of the defendant and making an entry of this action on the return filed in the case. Service of the notice by posting shall be complete as of the date of mailing the notice.
Source Link - 2 Alabama Statute 35-9A-461
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Service of Process – First Class Mail – By posting a copy of the notice on the door of the premises, and on the same day of posting or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of the person, shall mail notice of the filing of the unlawful detainer action by enclosing, directing, stamping, and mailing by first class a copy of the notice to the defendant at the mailing address of the premises and if there is no mailing address for the premises to the last known address, if any, of the defendant and making an entry of this action on the return filed in the case. Service of the notice by posting shall be complete as of the date of mailing the notice.
Source Link - 3 Alabama Court Rules of Civil Procedure - Rule 4
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Rule 4 – Likewise, the amendment to Rule 4.1(c)(3) renders service by certified mail effective from the date of delivery to the named addressee or to his agent.
Source Link - 4 Alabama Court Rules of Civil Procedure - Rule 6
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Rule 6 – Additional time after service by mail or electronic filing. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail or electronic filing, three (3) days shall be added to the prescribed period.
Source Link
