An Alabama 7 Day Notice to Vacate is an official legal letter written by the landlord and provided to the tenants for an incurable breach of the lease. This notice requires the tenants to vacate the premises within seven (7) judicial days (not counting weekends and legal holidays).
When to Use an Alabama 7 Day Notice to Vacate
Use an Alabama 7-Day Notice to Vacate to begin the eviction process if any of the below are true:
- If the tenant physically assaulted another person on premises.
- If the tenant is involved in the manufacture or use of illegal drugs.
- If the tenant used or discharged a firearm or other deadly weapon on the premises.
- If the tenant intentionally misrepresented information on a rental application.
- If the tenant repeated the same or a similar lease violation within a 6-month period.
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 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 or rules/regulations.
- 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 Vacate
The Alabama Seven (7) Day Notice to 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 serious lease violation;
- Include any balance due;
- Write the date the tenancy shall terminate;
- 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 Vacate
A landlord can deliver a Seven (7) Day Notice to Vacate in Alabama 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-421(d)
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Notwithstanding Section 35-9A-141, no breach of any of the terms or obligations of the lease may be cured by a tenant more than two times in any 12-month period except by the express written consent of the landlord. The following acts or omissions by a tenant or occupant shall constitute a noncurable default of the rental agreement, and in such cases the landlord may terminate the rental agreement upon a seven-day notice. The tenant shall have no right to remedy such a default unless the landlord consents. Such acts and omissions include, but are not limited to, the following:
(1) Manufacture, cultivation, importation, transportation, possession, furnishing, administering, or use of illegal drugs in the dwelling unit or in the common areas.
(2) Illegal use, manufacture, importation, possession, furnishing, or discharging of a firearm or firearm ammunition on the premises of the rental property, except for the use or discharge of a firearm or firearm ammunition in cases of self-defense, defense of a third party, or as permissible in Section 13A-3-23.
(3) Criminal assault of a tenant or guest on the premises of the rental property, except in cases of self-defense, defense of a third party, or as permissible in Section 13A-3-23.
(4) Any breach involving substantially the same acts or omissions as a breach for which a notice to terminate has previously been provided for by the landlord and cured by the tenant, if the second breach occurs within six months of the first breach.
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