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.
Types of Notices
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.
When is Rent Late
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.
How to Evict (Process)
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.