Alabama Eviction Process

Last Updated: March 4, 2024 by Roberto Valenzuela

From start to finish, an eviction in Alabama can take approximately 1-3 months. However, it can take longer depending on the reason for eviction and whether the tenant contests it.

Grounds for an Eviction in Alabama

In Alabama, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:

• Not paying rent on time
• Staying after the lease ends
• Violating lease terms
• Committing illegal activity

Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.

Grounds	Notice Period	Curable?
Nonpayment of Rent	7 Days	Yes
End of Lease or No Lease	30 Days	No
Lease Violations	7 Days	Yes
Illegal Activity or Repeat Violations	7 Days	No

Nonpayment of Rent

In Alabama, a landlord can evict a tenant for not paying rent on time. The landlord must first serve the tenant a 7-days’ notice to quit, which gives the tenant an opportunity to pay the balance due or vacate the premises. [2]

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Alabama the day immediately after its due date. Alabama landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.

If the tenant does not pay the balance or move out, the landlord can proceed in filing an eviction lawsuit.

End of Lease or No Lease

In Alabama, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). The landlord must first terminate the tenancy by properly notifying the tenant to move out. For week-to-week tenants, 7-days’ notice must be given; for month-to-month tenants, 30-days’ notice must be given.

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In Alabama, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Alabama landlord tenant law. Landlords must first serve the tenant a 7-days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out. [4]

Lease violations include:

• Failing to maintain a habitable premise
• Allowing unauthorized occupants or pets in the rental unit
• Causing property damage beyond normal wear and tear
• Disturbing the peace and enjoyment of other persons
• Refusing to allow the landlord access to the rental unit

If the tenant does not correct the lease violation or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Illegal Activity or Repeat Violations

In Alabama, a landlord can evict a tenant for committing illegal activity on the premises or repeating a lease violation within a six month period. To do so, landlords must first serve the tenant a 7-days’ notice to vacate.

The tenant does not have a chance to fix the issue and must move out within the 7-day period.

In Alabama, illegal activity includes: [3] [5]

• Discharging or illegally using a firearm on the premises
• Possessing, manufacturing, distributing or using illegal drugs
• Committing criminal, physical assault on the premises
• Intentionally misrepresenting a material fact on the rental application

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Illegal Evictions in Alabama

In Alabama, there are a few different types of eviction actions that are illegal. If proven in court, the landlord could be liable for damages including attorney’s fees.

“Self-Help” Evictions

A landlord is not allowed to attempt to forcibly remove a tenant by:

• Changing the locks
• Shutting off utilities
• Removing tenant belongings

A tenant can only be legally removed with a court order obtained through the formal eviction process.

Retaliatory Evictions

A landlord may not evict a tenant in response to exercising a legally protected right. These rights include:

• Complaining to the landlord about an issue with the property
• Contacting a local or government agency about an issue with the property
• Joining, supporting or organizing a tenant union or organization
• Pursuing legal action against the landlord
• Withholding rent for a legally acceptable reason

In Alabama, all evictions follow the same process:

1. Landlord serves tenant with written notice of violations
2. Landlord files a complaint with the court due to uncured violations
3. Court serves tenant with summons and complaint
4. Court holds a hearing and issues a judgment
5. Court issues a writ of execution
6. Sheriff returns possession of the property to the landlord

Step 1: Landlord Serves Notice to Tenant

Alabama landlords may deliver a termination notice using any of these methods: [7]

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. [8]

7-Day Notice to Quit

In Alabama, if a tenant is late on paying rent (full or partial), the landlord can serve them a 7-Day Notice to Quit. This eviction notice gives the tenant 7 days, to pay the entire balance due or move out.

30-Day Notice to Vacate

For a tenant with no lease or a month-to-month lease in Alabama, the landlord can serve them a 30-Day Notice to Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.

However, for tenants that don’t pay monthly, the amount of notice differs:

7-Day Notice to Comply or Vacate

In Alabama, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 7-Day Notice to Comply or Vacate. This eviction notice gives the tenant 7 days to fix the issue or move out.

If the tenant repeats a lease violation of the same or similar nature within a six month period, the landlord can serve a 7-day notice to vacate to terminate the tenancy.

7-Day Notice to Vacate

In Alabama, if a tenant commits an illegal activity or repeats a violation of their lease or legal responsibilities within 6 months, the landlord can serve them a 7-Day Notice to Vacate. This eviction notice gives the tenant 7 days to move out without the chance to fix the issue.

Step 2: Landlord Files Lawsuit with Court

If the notice period ends and the tenant remains on the property, the landlord can file a complaint in the court of the county in which the property is located. The most convenient way to file a case is by using the Alabama Courts’ e-Filing Portal. Landlords may also submit papers directly to the Clerk’s Office.

The complaint should include the following information:

• The landlord and tenant names
• The rental property address, including the county
• The grounds for eviction (i.e., nonpayment of rent, lease violation, etc.) and
• When notice was served

After being notarized by the county clerk, the summons and complaint are forwarded to a process server or county sheriff to serve each named tenant. Certain fees may apply for the service of the summons and complaint.

When only one tenant is involved, the landlord will generally need:

• The original and two copies of the summons and complaint
• Three copies of the notice served on the tenant
• Three copies of the lease or rental agreement, if applicable
• The applicable filing fee in the form of cash, check, money order, or credit card; and
• Proof of service

If filing an eviction suit through the e-Filing Portal, the landlord will still need to serve a copy of the above documents on each tenant.

In most counties, filing fees cost around $247 and an additional $10 per tenant for each summons that will be issued. Information regarding filing fees can be found on the applicable county court website, such as the Montgomery District Court Website.

Step 3: Court Serves Tenant with Summons and Complaint

Once the process server or sheriff has served the tenant, the tenant may choose to answer and contest the complaint.  A response must be in writing and filed with the clerk of court within 7 days.

If the tenant contests the eviction, the tenant must serve the landlord with a response containing the defenses.

A valid legal defense may include the following situations:

•  The landlord executed a “self help” eviction prior to finalizing the proper legal proceedings
• The tenant resolved a curable violation
• The landlord discriminated against the tenant
• The landlord evicted the tenant in a retaliatory manner
• The tenant did not violate the terms of the lease
• The landlord failed to properly maintain the rental unit as required by state and federal law
• The notice or complaint contained substantial errors, such as omitting the effective date of eviction

A court may dismiss the eviction lawsuit if it finds any of the above defenses to be true, aside from errors in the legal documents.  If the notice or complaint contained substantial errors, the landlord must fix the errors and restart the eviction process.

If the tenant does not choose to contest the eviction, the process will proceed via the steps below.

Step 4: Court Holds Hearing and Issues Judgment

If the tenant fails to file an answer to the eviction complaint, the landlord may move forward with filing a default motion judgment to obtain a judgment in favor of the landlord.

If the tenant does contest the eviction, the tenant may be required to pay the Court Clerk an agreed upon amount of any outstanding rent and any rent until the lawsuit is over. Landlords must appear in court.  If a properly served tenant fails to show up for the court date, the court will automatically rule in favor of the landlord.

To prepare for the hearing, the landlord and tenant should bring the following:

• A copy of the lease agreement
• The notice to quit, comply or to pay
• The complaint
• Any evidence (i.e., photos of damage, billing statements, etc.) or witnesses to help prove the case in court)

Regardless of whether the eviction is contested or not, if the judge rules in favor of the landlord, a writ of execution will be subsequently issued and the process will proceed.

Either party can request a fifteen day continuance for “good cause.” A party may also appeal the Court’s decision.

Step 5: Writ of Execution Is Issued

In Alabama, a writ of execution is a court order served to a tenant that gives the tenant a final 7 days to move out before being forcibly removed. The order is issued in response to a ruling made in favor of a landlord in an eviction case

Step 6: Sheriff Returns Property to Landlord

Seven days after the writ of execution is issued, the sheriff or constable will forcibly remove the tenant from the rental unit, if the tenant has not already moved out by that time.

A writ of execution in eviction cases is automatically stayed for 7 days, giving the tenant time to move out on their own before the sheriff or constable comes to remove them.

Alabama Eviction Process Timeline

In Alabama, an eviction can be completed in as little as 1-3 months, but can take longer depending on the reason for eviction and whether the eviction is contested.

The following are steps of the Alabama eviction that are outside the control of landlords.

Flowchart of Alabama Eviction Process

Alabama Eviction Court Fees

The average cost of an eviction in Alabama for all filing, court, and service fees can vary heavily by county. For cases filed in District Court or Circuit Court the average cost is $288.50.

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