An Alabama eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Alabama landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Alabama Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 7 Day Notice To Quit | Unpaid Rent | Yes |
| 7 Day Notice To Comply or Vacate | Lease Violation | Yes |
| 7 Day Notice To Vacate | Illegal Activity | No |
| 30 Day Notice To Vacate | Monthly / Yearly Lease | No |
Alabama 7 Day Notice To Quit
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An Alabama 7 day Notice To Quit evicts a tenant for nonpayment of rent. In Alabama, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within within seven (7) judicial days (i.e., not counting weekends and legal holidays) of receiving notice.
Alabama 7 Day Notice To Comply or Vacate
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An Alabama 7 day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant may get a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant 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.
Alabama 7 Day Notice To Vacate
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An Alabama 7 day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action, such as committing illegal activity on the premises. The tenant must move out of the rental unit within seven (7) judicial days (i.e., not counting weekends and legal holidays) of receiving notice.
Alabama 30 Day Notice To Vacate
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An Alabama 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write an Eviction Notice in Alabama
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in Alabama
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
Alabama counts only judicial days (i.e., no weekends or legal holidays) for notice periods of less than eleven (11) days. Longer periods are counted normally.
How To Serve an Eviction Notice in Alabama
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 Alabama Court Rules of Civil Procedure - Rule 6
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Rule 6 – Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the court inaccessible, in which event the period runs until the end of the next day that is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule and in Rule 77(c) “legal holiday” includes New Year’s Day, Birthday of Martin Luther King, Jr., Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or as prescribed in § 1-3-8, Code of Alabama 1975.
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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(c) Service of process [for a court action to remove a tenant, e.g., eviction] 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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