An Alabama 7 Day Notice To Comply or Vacate is a letter that complies with state legal requirements to evict a tenant for a “curable” breach of the lease, such as damaging property. A “curable” violation means the tenant has must take appropriate corrective action, or else move out within seven (7) judicial days (i.e., not counting weekends and legal holidays) of receiving notice.
When To Use an Alabama 7 Day Notice To Comply or Vacate
An Alabama 7 Day Notice To Comply or Vacate begins the eviction process when the tenant has committed one of the following violations:
- Safety or health violations
- Damaging the property
- Failing to maintain the premises in a clean and sanitary manner
- Refusing lawful access to the landlord
- Interfering with the quiet enjoyment of neighbors
The tenant must take appropriate corrective action, or else move out within seven (7) judicial days (i.e., not counting weekends and legal holidays).
Some types of Alabama lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write an Alabama 7 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which the tenancy will terminate, as well as the corrective action the tenant must take to avoid eviction
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve an Alabama 7 Day Notice To Comply or Vacate
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.
Sources
- 1 Ala. 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 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.
- 3 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.
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