Alabama landlords facing challenging tenants need solid guidance on the eviction process and laws before taking action. To help out, this guide breaks down every step, from lawful eviction grounds to court procedures and timelines, and is backed by key landlord-tenant laws that help you protect your rental property anywhere in the state.
How Alabama Law Defines Eviction
An eviction in Alabama happens when a landlord takes legal steps to remove a tenant who fails to pay rent, violates the lease, or stays after the notice period ends. Landlords must follow the exact court procedures to ensure every step is legally valid.
You can find Alabama’s eviction rules in Title 35, Chapter 9A of the Alabama Code, which details valid eviction reasons, notice periods, and the court process landlords must follow.
Eviction With Just Cause
“Just cause” in Alabama means a landlord has a clear legal reason to remove a tenant, such as unpaid rent, a broken lease term, or illegal activity on the property.
Landlords across Alabama can evict tenants with just cause when renters fail to pay rent, damage the unit, or engage in criminal conduct that violates the lease. The Alabama Uniform Residential Landlord and Tenant Act allows these evictions when landlords deliver proper notice and follow the court process from start to finish.
Always document every just cause reason carefully. Detailed records of notices, rent payments, and lease violations help landlords build strong cases and ensure evictions hold up in court.
Applicable law: Ala. Code § 35-9A-421, Ala. Code § 35-9A-461
No-Fault Evictions
Alabama landlords can remove fixed-term tenants without just cause only after the lease term ends. When the lease expires, landlords may choose not to renew for any lawful reason, provided the decision is not discriminatory or retaliatory. They cannot end a fixed-term lease early without a valid cause.
For month-to-month tenants, Alabama law allows landlords to end the tenancy for any lawful reason with proper written notice. Landlords simply need to provide at least 30 days’ notice before the next rent due date to end a month-to-month rental agreement.
Applicable law: Ala. Code § 35-9A-441(b), Ala. Code § 35-9A-142
Grounds for Eviction in Alabama
Landlords in Alabama may evict tenants for several legally recognized reasons, which include:
Non-Payment of Rent
Alabama law gives tenants a 7-day grace period to catch up on rent after the due date. If they still fail to pay within that time, landlords can serve a 7-day Notice to Pay Rent or Quit, requiring full payment or move-out. Acting quickly helps Alabama landlords avoid unnecessary delays and maintain consistent rental income.
Applicable law: Ala. Code § 35-9A-421(b)
Lease Violations
A lease agreement defines the rules and responsibilities between Alabama landlords and tenants. When a tenant ignores those terms, landlords gain legal grounds to start the eviction process.
Common examples of lease violations include:
- A tenant in Birmingham houses six cats despite a strict no-pet policy.
- A renter in Montgomery subleases the rental unit without the landlord’s written approval.
- A student in Tuscaloosa throws loud parties that damage the unit and disturb neighbors.
Rental agreements protect both sides by setting clear expectations. Smart Alabama landlords review every term with tenants upfront to prevent confusion and avoid expensive disputes later.
Applicable law: Ala. Code § 35-9A-421(a)
Illegal Use of the Premises
Alabama law lets landlords evict tenants who use a rental property for any illegal activity. Whether a renter sells drugs from a Huntsville apartment, runs an unlicensed gambling setup in a Mobile garage, or hides stolen goods in a Birmingham home, landlords can act immediately without offering the tenant a chance to fix the issue. Moving fast keeps your property secure and protects the safety of the entire community.
Applicable law: Ala. Code § 35-9A-421(a)
Tenant Actions that Threaten Health or Safety
Alabama law lets landlords evict tenants whose behavior threatens the health or safety of others on the property. Tenants must keep their units sanitary, dispose of trash correctly, and use plumbing and electrical systems safely. If they ignore a written notice to fix the issues, landlords can proceed with eviction.
Common examples of health and safety violations in Alabama include:
- Letting trash or spoiled food pile up and attract insects or rodents.
- Removing or damaging smoke detectors or fire alarms.
- Overloading outlets or using unsafe space heaters.
Landlords should document every problem, give written notice, and follow Alabama’s eviction process if the tenant refuses to comply. To learn more about property standards and tenant responsibilities, review Alabama’s warranty of habitability laws.
Applicable law: Ala. Code § 35-9A-301, Ala. Code § 35-9A-421(a)
Destruction or Neglect of the Rental Unit
Alabama law allows landlords to evict tenants who intentionally damage or neglect a rental property. Whether a renter breaks windows, floods a bathroom, or allows mold to spread due to poor upkeep, landlords can take legal action after providing proper written notice and following court procedures.
To prove property damage, landlords should take timestamped photos, collect repair estimates, and keep detailed inspection reports. Contractor invoices and witness statements can strengthen the case in court. Strong documentation helps Alabama landlords recover costs quickly and keep their properties in good condition.
Applicable law: Ala. Code § 35-9A-421(a)
Tenant is in a Month-to-Month Rental Contract
Alabama landlords can end a month-to-month rental agreement at any time without giving a specific reason. To do so, they must deliver a 30-day written Notice to Terminate Tenancy before the next rent due date. If the tenant stays past that deadline, the landlord can file an eviction case in district court to take back the property.
Smart landlords use a month-to-month rental agreement or termination notice form to stay organized and follow Alabama law precisely.
Applicable law: Ala. Code § 35-9A-441(b)
Step-by-Step Eviction Process in Alabama
Landlords in Alabama must follow a strict seven-step legal process to evict a tenant, which includes delivering proper notice, filing an eviction lawsuit, attending a court hearing, and regaining possession through the sheriff (if necessary).
Here are the steps landlords must take:
1. Deliver Notice to the Tenant
Alabama landlords must start the eviction process by pinpointing the exact reason for removing a tenant. Once the cause is clear, landlords must serve the correct notice type to their tenant. If the problem is curable, they musta allow the tenant time to fix it within the legal notice period before taking further action.
Severe cases like criminal activity, intentional property damage, or repeat violations are non-curable. In these non-curable situations, landlords can move forward after properly serving notice. Follow Alabama’s service rules carefully by delivering notices in person, sending them by Certified Mail, or posting them at the property when direct delivery is not possible.
Notice Forms & Timelines
- 7-Day Notice to Pay Rent or Quit: Used for nonpayment of rent; gives tenants 7 days to pay in full or move out.
- 7-Day Notice to Cure or Quit: Used for fixable lease violations; gives tenants 7 days to correct the issue or vacate.
- 7-Day Unconditional Quit Notice: Used for severe or repeated lease violations, such as criminal activity or property destruction; tenants must move out within 7 days.
- 30-Day Notice to Terminate Tenancy: Used to end a month-to-month tenancy for any lawful reason.
Applicable law: Ala. Code § 35-9A-421, Ala. Code § 35-9A-441(b)
2. File an Eviction Lawsuit Against the Tenant
When the notice period ends or the tenant refuses to fix a violation, the landlord can file a Statement of Claim for Unlawful Detainer with the Alabama district court in the same county as the rental property. This filing will officially begin the court process to reclaim possession.
The landlord will pay a filing fee that typically ranges from $75 to $250, depending on the county. After the landlord files the paperwork, the court clerk will issue a summons and schedule a hearing date. The landlord will then wait for the court’s notice before appearing before the judge.
Applicable law: Ala. Code § 35-9A-461
3. Serve Court Summons Paperwork to the Tenant
Once the Alabama court clerk schedules a hearing date, the landlord will arrange for the county sheriff or a court-approved private process server to hand-deliver the eviction summons and complaint to the tenant. The server will then complete a Return of Service form with the courts showing when and how the tenant received the paperwork. The landlord will then file this form with the court before the hearing to confirm proper delivery.
After receiving the summons, the tenant will have 7 days to file an Answer with the district court if they plan to dispute the eviction. Both the landlord and the tenant will appear in court on the assigned date to present evidence and explain their respective positions to the judge.
Applicable law: Ala. Code § 35-9A-461(c), Ala. Code § 35-9A-461(d)
4. Attend the Eviction Hearing
When the court date arrives, both the landlord and tenant (or their attorneys) will appear before a district court judge. The landlord will present evidence supporting the eviction, such as rent ledgers, lease copies, and written notices. The tenant will have a chance to share their own records and side of the story.
During the hearing, the judge will review all documents and may request photos, receipts, or witness testimony. After listening to both sides, the judge will consider the evidence carefully before deciding what happens next in the eviction process.
Applicable law: Ala. Code § 35-9A-461
5. Court Reaches a Ruling
After reviewing all testimony, evidence, and witness statements, the judge will render a decision under Alabama landlord-tenant law. This process typically happens at the hearing, but can take up to 1 week, depending on the county and the court’s schedule.
If the judge rules in favor of the tenant, they will be allowed to remain in the rental property. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, giving the tenant 7 days to move out before the landlord can request a Writ of Execution. Tenants who disagree with the ruling will have 7 days from the judgment date to file an appeal with the circuit court.
Applicable law: Ala. Code § 35-9A-461, Ala. Code § 35-9A-462
6. Judge Issues a Writ of Execution
Once the landlord gets a Writ of Execution from the courts, the sheriff will have legal authority to remove the tenant from the property. The tenant will have 7 days from the judgment date to move out voluntarily before law enforcement steps in.
Applicable law: Ala. Code § 35-9A-461(d), Ala. Code § 6-6-332
7. Law Enforcement Executes the Writ of Execution
If the 7-day deadline passes and the tenant still refuses to leave, the landlord will contact the county sheriff’s office to enforce the eviction. In Alabama, only the sheriff or a deputy (not the landlord) can legally carry out a Writ of Execution. The officer will remove the tenant from the rental unit and return full possession of the property to the landlord.
Alabama law does not set statewide rules for how landlords must handle belongings left behind after an eviction. Because the law leaves this up to the landlord, each owner can decide how to manage abandoned items once they regain possession. Acting in good faith, keeping records, and documenting everything will help Alabama landlords avoid future disputes.
Applicable law: Ala. Code § 6-6-332, Ala. Code § 35-9A-461(d)
Tenant Defense Against Eviction in Alabama
Evictions can upend a tenant’s life, leaving long-term marks on credit reports and rental histories. Losing housing can cause significant financial and emotional strain, especially for families in tight markets like Birmingham or Huntsville. Still, tenants have rights under Alabama law and can take steps to protect themselves.
Smart renters act early by talking with their landlords, requesting payment plans, or documenting maintenance issues that could affect their case. Taking initiative helps prevent simple problems from escalating into legal battles.
When the process feels overwhelming, tenants can seek help from Legal Services Alabama, which offers free and low-cost legal aid statewide.
Timelines to Expect
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.
| Step | Estimated Time |
| Initial Notice Period | 7-30 Days |
| Court Issuing and Serving Summons | ~6 Days |
| Tenant Response Period | 7-14 Days |
| Court Ruling | Several Weeks (unless appealed) |
| Court Serving Writ of Possession | Immediately |
| Final Notice Period | 7 Days |
Flowchart of the Alabama Eviction Process
Typical 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.
| Fee | District/Circuit |
| Initial Court Filing | ~$256+ |
| Summons Service | ~$12.50+ |
| Writ of Possession Service | ~$20 |
| Notice of Appeal (Optional) | $260+ |
| Default Judgment (Optional) | ~$50 |
Face the Alabama Eviction Process Head On
Eviction can be a challenging and emotional process for everyone involved. Savvy landlords use property management software to stay organized, send notices on time, track rent payments, and handle every legal step with confidence.
Sign up for a free account today to streamline your management process and make evictions faster, easier, and less stressful.
