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:
- Hand delivery to the tenant
- 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 |
Sources
- 1 Ala. Code § 35-9A-461
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Service of process [for an eviction action in court] 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 Ala. Code § 35-9A-144
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(a) A person has notice of a fact if:
(1) the person has actual knowledge of it;
(2) the person has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, the person has reason to know that it exists.
(b) A person “knows” or “has knowledge” of a fact if the person has actual knowledge of it.
(c) A person “notifies” or “gives” a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person presumatively “receives” a notice or notification when:
(1) it comes to the person’s attention;
(2) in the case of the landlord, it is delivered at the place of business of the landlord or mailed to any place designated by the landlord as the place for receipt of the communication; or
(3) in the case of the tenant, it is delivered in hand to the tenant or three days after mailing with adequate prepaid postage in the United States mail to the tenant’s last known place of residence.
(d) “Notice,” knowledge of a notice, or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the organization.
(e) Notice provided in this section does not apply to the notice required to terminate a tenancy or evict a tenant.
Source Link
