If you are a landlord an eviction notice is an essential legal instrument you need to prepare with care. Customize your own Alabama eviction notice with our step-by-step template designer now.
Last Update July 21st, 2021
Alabama Eviction Notice Types
A legal eviction in Alabama can only be made for a number of acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
There are many specific causes that can prompt eviction action. Not using the correct Alabama legal document, in this case, can lead to delays or even court dismissal of the eviction, so it is important to choose the right type.
7-Day Notice to Pay Rent
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 7-Day Notice to Quit. This obliges them to pay rent or quit within 1 week.
If the tenant complies and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.
7-Day Notice to Remedy
In the case of a lease violation, the landlord may issue a 7-Day Notice to Quit for Non-Compliance. This will often give the tenant 7 days to correct the breach before they will be obliged to leave the property.
7-Day Unconditional Quit Notice
It is also possible for landlords to issue tenants with 7-Day unconditional quit notice forms for more serious offenses. These don’t give the tenant any chance to correct their breach of the lease and require them to leave the property within 1 week.
30-Day Eviction Notice
Landlords with tenants on flexible monthly rental agreements may end the tenancy without cause, as long as they provide a 30-Day Eviction letter. If this is used, the tenant must leave the property within 30 days of this notice being delivered.
Be aware, however, if the landlord continues to accept rental payments during this period, the notice will be considered null and void. This does not include any payments of owed back rent.
Alabama Eviction Laws
Your Alabama eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in Alabama may only happen in the case of:
Nonpayment of rent: 7 days’ notice
Lease violations: 7 days’ notice
Termination of a lease: 30 days’ notice
The AL eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
Alabama Eviction Process
The Alabama eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by AL state law. To correctly complete an eviction in Alabama, the landlord must do the following:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice the landlord can file an Unlawful Detainer complaint with a local court and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate and does not appeal within 7 days, the owner may process a Writ of Possession with the court clerk.
Step 5: When the Writ of Possession has been processed the landlord may file the document with the county sheriff. The tenant will then have a short time to leave before being forcibly evicted.
FAQs About Alabama Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Alabama’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Alabama?
To successfully evict a tenant in Alabama state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long is the Eviction Process in Alabama?
The eviction process in Alabama usually only takes around 3 weeks to complete. If a valid eviction notice is delivered, this is often enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to as little as 7 days from when the notice has been served.
However, in cases where the eviction is contested in court or the tenant refuses to leave, the process can sometimes take a few months. To avoid protracted legal proceedings, it is vitally important to make sure that your actions are compliant with Alabama law and that starts with serving the right kind of AL eviction notice.
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the Alabama eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.