An Alabama 7 Day Notice to Quit is a legal instrument written by the landlord and served to the tenants for nonpayment of rent. This notice instructs the tenants to pay the balance due or vacate the premises within seven (7) judicial days (not counting weekends and legal holidays).
When to Use an Alabama 7 Day Notice to Quit
Use an Alabama 7-Day Notice to Quit to begin the eviction process if the tenant is late on rent (starting the day after it’s due), either in part or in full.
If the tenant is not late on rent, use one of the below forms to evict a tenant:
- 7 Day Notice to Comply or Vacate – If the tenant committed a safety/health violation, damaged property, failed to maintain the premises in a clean and sanitary manner, refused to allow the landlord access to the premises, interfered with peace and enjoyment of other residents or any other violations of the lease terms or property rules.
- 7 Day Notice to Vacate – If the tenant physically assaulted another person on the premises, manufactured or used illegal drugs, used or discharged a firearm, 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 has no written lease and pays rent monthly or to end a month-to-month tenancy.
How to Write an Alabama 7 Day Notice to Quit
The Alabama Seven (7) Day Notice to Quit for nonpayment of rent shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Include the total amount to be paid with late fees;
- Explain where the total amount due should be paid;
- Include date the total amount is due or the date the tenant must vacate the premises;
- Enter the date the notice is served;
- Landlord prints and signs notice;
- Landlord includes address and phone number.
How to Serve an Alabama 7 Day Notice to Quit
A landlord can deliver an Alabama Seven (7) Day Notice to Quit 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 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 - 2 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 - 3 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 - 4 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