An Alabama eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Alabama, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Alabama Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 7 Day Notice to Quit | Unpaid Rent | Yes |
| 7 Day Notice to Vacate | Incurable Breach | No |
| 7 Day Notice to Comply or Vacate | Lease Violation | Yes |
| 30 Day Notice to Vacate | End of Lease | No |
Alabama 7 Day Notice to Quit
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An Alabama 7 day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to remedy by paying the balance due, otherwise the tenant must move out and deliver possession of the premises within seven (7) judicial days (not counting weekends and legal holidays).
Alabama 7 Day Notice to Comply or Vacate
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An Alabama 7 day Notice to Comply or Vacate form is used for a curable breach of the lease. Lease violations may include property damage, failure to maintain the premises in a clean and sanitary manner or for interfering with the peace and enjoyment of other persons. The tenants have the option to remedy the violation, but if they fail to comply, they must move out of the premises within seven (7) judicial days (not counting weekends and legal holidays).
Alabama 7 Day Notice to Vacate
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An Alabama 7 day Notice to Vacate form is used for an incurable breach of the lease, such as unlawful activity on the premises. The tenants do not have the option to remain on premises and must move out of the rental unit within seven (7) judicial days (not counting weekends and legal holidays).
Alabama 30 Day Notice to Vacate
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An Alabama 30 Day Notice to Vacate is used to end a month-to-month lease or for tenants that do not have a written lease that pay rent monthly. This notice provides the tenant thirty (30) calendar days to move out before an eviction lawsuit may be filed.
How to Write an Eviction Notice in Alabama
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Alabama
Eviction notices take effect the day after they are served. If the notice period is less than eleven (11) days, weekends and legal holidays are not included, so only judicial days may be counted. If the notice period is more than eleven (11) days, all days are counted in the period, including weekends and legal holidays. If the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day.
How to Serve an Eviction Notice in Alabama
A landlord can deliver eviction notices 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 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 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 Alabama Section 35-9A-461
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(c) 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 Court Rules of Civil Procedure - Rule 4
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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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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.
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