An Alabama eviction notice is a written statement from a landlord to tenant that details the terms for them to vacate the property, also known as an “unlawful detainer”. (See Alabama Uniform Residential Landlord Tenant Act). If the tenant remains on the premises the landlord will have to file a Complaint (Form C-59) with the Judicial Court (See Locations) and pay the $256 filing fee along with $10 for every defendant. The defendant will be served and have 7 days to file an Answer (PS-01). Afterwards a court date will be set for both the parties.
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7-Day Notice to Quit (Non-Payment of Rent) – A form that grants a tenant seven (7) days to either pay the total amount owed to the landlord in rent or leave the property.
7-Day Notice to Quit (Material Violation) – Gives seven (7) days to either fix a non-conforming aspect of the tenant’s current living situation or to immediately vacate the premises.
30-Day Notice to Quit (Month-to-Month) – Form given to a tenant-at-will to inform them of the landlord’s intentions of ending their rental arrangement. According to 35-9A-441 the landlord must give the tenant at least thirty (30) days’ notice.
According to § 35-9A-161 rent is due on the date set in the lease agreement. Therefore it is considered late the day after with no grace period.
An eviction in Alabama should be filed in accordance with the Uniform Residential Landlord and Tenant Act and may be filed by attorneys or individuals that choose to represent themselves.
Step 1 – Download one of the following forms:
- 7-Day Notice to Quit – For Non-Payment of Rent
- 7-Day Notice to Quit – Nonconformity
- 30-Day Notice to Quit – Month-to-Month
Step 2 – Fill-in the document and send to the tenant. This is recommended to be done in Certified Mail so that the landlord receives confirmation that the letter was seen by the tenant.
Step 3 – After the notice period, the tenant will have either paid/conformed to the demands, left the property, or is still there. If the tenant is still on the property the landlord will need to file a Complaint (Form C-59) with the Judicial Court Circuit – See Locations.
- Filing fee is $256 along with $10 for each additional defendant
Step 4 – After it has been filed the landlord will need to serve the tenant the information about the case filed against them. This may be completed by using the Sheriff’s Office to send a Certified Letter. After the letter has been received by the tenant they may have 7 days to file an Answer (Form PS-01).
Step 5 – At this time the court will give a hearing date and both parties will be expected to appear. A judgement is usually given and if the judge rules in the favor of the landlord the tenant will have 7 days to appeal the order.
1 – Lease and Tenant Information
When writing the notice to quit, it is important to obtain the lease that was signed between the landlord and tenant to obtain details about the tenant(s). In the first part of the notice to quit, the Tenant(s) name(s) should be entered along with the address of the property and the date the lease was signed.
2 – Lease Violation
In the next section, if there has been a lease violation as the reason for the notice then one (1) of the items should be checked:
- Non-Payment of Rent – Check the first (1st) box and write who should be paid if the tenant is going to make payment on the back-rent along with the amount. The landlord should write the dates that the tenant is late (start and end).
- Violation – If there has been a material non-compliance then the second (2nd) box should be checked along with a brief statement of the violation.
3 – Landlord Ending Month to Month Tenancy
If the landlord is ending a tenancy at will then they can click the checkbox at the top of the second (2nd) page and write the last day the tenant is allowed to be on the property in accordance with State law (30 days from the notice date).
4 – Tenant Ending Month to Month Tenancy
If the tenant is the one that is terminating the tenancy then they may be able to check the respective box and enter the date at which they wish to end their tenancy.
5 – Signature and Certificate of Service
In order for the notice to be recognized in the court of law, the landlord or tenant will need to sign the form and send to the other party party through one (1) of the following options:
- Delivering in Person to the tenant
- Delivering in Person to an individual that is living on the property
- Sending via 1st Class or Certified Mail