An Alabama 7 Day Notice to Comply or Vacate is a legal eviction document delivered to the tenant for a curable breach of the lease, such as damaging property. The tenant has the right to correct the violation or move out within seven (7) judicial days (not counting weekends and legal holidays).
When to Use an Alabama 7 Day Notice to Comply or Vacate
Use a 7-Day Notice to Comply or Vacate to begin the eviction process in Alabama:
- If the tenant committed a safety/health violation.
- If the tenant damaged property.
- If the tenant failed to maintain the premises in a clean and sanitary manner.
- If the tenant refused the landlord access to the premises.
- If the tenant interfered with peace and enjoyment of other residents.
If none of the above are true, use one of the below forms to evict a tenant:
- 7 Day Notice to Quit -If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 7 Day Notice to Vacate – If the tenant physically assaulted another person on premises, manufactured or used illegal drugs, used or discharged a firearm or other deadly weapon, intentionally misrepresented information on the rental application or repeated the same or a similar lease violation within a 6-month period.
- 30 Day Notice to Vacate – If the tenant or landlord is terminating a rental agreement, including a month-to-month or year-to-year lease. This letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write an Alabama 7 Day Notice to Comply or Vacate
The Alabama Seven (7) Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the lease violation;
- Include any balance due;
- Write the date the violation must be corrected by or the date tenancy shall terminate if tenant does not comply;
- Enter the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Alabama 7 Day Notice to Comply or Vacate
A landlord can deliver an Alabama Seven (7) Day Notice to Comply or Vacate 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.
Sources
- 1 AL Code § 35-9A-301
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A tenant shall:
(1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(2) keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit;
(3) dispose from the dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
(4) keep all plumbing fixtures in the dwelling unit or used by the tenant as clear as their condition permits;
(5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises;
(6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly, recklessly, or negligently permit any person to do so; and
(7) conduct himself or herself and require other persons on the premises with the tenant’s consent to conduct themselves in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.
Source Link - 2 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 - 3 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 - 4 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 - 5 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