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An Alabama eviction notice is a document the landlord gives to the tenant who has failed to comply with the lease agreement. The tenant can violate the lease agreement by failing to pay the rent, engaging in certain illegal activities, or entering false information in the rental application.
The Alabama eviction notice is also known as:
Other Names for Alabama Eviction Notice
Alabama notice to pay or quit
Alabama lease termination
Alabama notice to vacate
If the tenant doesn’t leave the leased property after receiving the eviction notice, the landlord can file an eviction action with the local county judicial court, according to the property's location.
Types of Eviction Notices in Alabama
In Alabama, the landlord must issue a 7-day or 30-day notice to the tenant before initiating the eviction process.
Notice to Pay Rent or Quit
There is no grace period for the rent payment in Alabama. That means the landlord can issue the 7-day notice to pay or quit to the tenant as soon as the rent payment due date is over.
Notice for Non-Compliance—Curable
If the tenant violates any terms of the lease agreement that are curable, the landlord can issue a 7-day notice to the tenant to fix the issue or vacate the property.
Unconditional Quit Notice
In some cases, the landlord is not obliged to give the tenant the opportunity to remedy the situation and can terminate the tenancy after issuing the 7-day notice to quit. This includes the situation where the tenant:
Unconditional Quit Notice
Provided false information in the lease agreement or lease application
Possessed or used illegal substances at the leased property
Criminally assaulted another tenant or guest at the leased property
Used the firearm at the premises (except when in self-defense)
Notice of Month-to-Month Lease Termination
When the landlord wants to terminate the month-to-month lease, they must give the tenant a 30-day notice to vacate the property.
Eviction Laws and Requirements in Alabama
Laws & Requirements
Rent payment grace period. None (§ 35-9A-161)
Non-payment of rent. 7 business days (§ 35-9A-421(b))
Non-compliance with the lease agreement. 7 business days (§ 35-9A-421(a))
Periodic tenancy termination. 7 days for the week-to-week tenancy and 30 days for the month-to-month tenancy (§ 35-9A-441)
Illegal activity. 7 days (§ 35-9A-421(d))
Eviction lawsuit. Unlawful detainer (§ 6-6-310 to § 6-6-353)
When is Rent Late in Alabama?
Alabama state law doesn’t provide a grace period for the rent payment. Therefore, the tenant must pay the rent no later than the day provided as the rent payment due date.
If no due date is determined, the rent should be paid at the beginning of each rental term. In the case of a month-to-month lease, it is the first day of the month.
Grounds for Eviction in Alabama
In Alabama, a tenant can be evicted for the following reasons:
Grounds for Eviction
If they fail to pay the rent.
In case they fail to remedy the curable violation of the lease agreement.
When they make a non-curable violation of the tenancy rules.
Eviction Process in Alabama
If the tenant commits any of the violations that present grounds for eviction in Alabama, the landlord can initiate the eviction procedure, which looks as follows:
#1. Write a Notice
You can download one of the Alabama eviction notice templates, fill out the relevant information, and sign it. Make sure you issue the appropriate type of eviction notice based on the type of tenancy rule violation.
#2. Deliver the Notice to the Tenant
You can deliver the notice to the tenant in person or via mail. If you choose to mail the notice to the tenant, make sure you do it by certified mail so you can have proof that the tenant received the notice.
#3. File the Statement of Claim
If the tenant fails to remedy the tenancy rules violation and stays at the property after the provided period, the landlord can turn to the court. The landlord completes the Statement of Claim and files it with the local Judicial Circuit Court. The filing fee is $256 plus $10 for each additional defendant.
The court will send a copy of the landlord's statement to the tenant. The tenant then has 7 days to respond if there is no monetary dispute or 14 days if there is a monetary claim from the landlord. The tenant can respond using the Answer to Landlord’s Claim form.
#4. Wait for Court’s Judgment
The court will summon both parties for the hearing, where they will present their arguments and back them up with substantial evidence. Then, the court will issue its judgment, and each party will have the right to appeal within 7 days.
#5. Obtain a Writ of Possession
If the court rules in favor of the landlord, they will issue the Writ of Possession immediately after the court proceedings are over. This document gives the tenant 7 days to vacate the leased property. If the tenant refuses to leave, the landlord can use the Writ of Possession to hire a sheriff’s office, constable, or bailiff to remove the tenant from the leased property.
Other Eviction-Related Forms
Statement of Claim (Form C-59). The landlord can use this form to start the eviction process before the local county judicial court, according to the location of the property.
Answer to Landlord’s Claim (Form PS-01). The tenant uses this form to reply to the landlord's claims before the court.
Eviction Information for Landlords in Alabama
The landlord is not allowed to forcefully evict the tenant. They must start the eviction process before the judicial court and hire the authorized authority to evict the tenant.
The following actions are considered illegal self-help eviction:
Eviction Information for Landlords
Cutting the tenant’s utilities
Changing the locks in the leased property so the tenant cannot access them
Throwing out the tenant’s personal property from the leased unit
Eviction Information for Tenants in Alabama
If the tenant receives the eviction notice, they should comply with the landlord’s request stated in the notice and remedy the violation they have committed.
In case the landlord’s request is unfounded, the tenant can answer these claims before the judicial court. In practice, the tenants usually claim that:
Eviction Information for Tenants
The landlord executed the self-help eviction before initiating any legal proceedings
The tenant has already paid the rent or remedied the violation they have made
The landlord discriminated against the tenant
Eviction is initiated as a retaliatory measure against the tenant
The eviction notice or statement of claim contained some substantial errors
How to Write an Eviction Notice in Alabama
Alabama Eviction Notice Checklist
Alabama Eviction Notice FAQ
You can file an eviction notice if the tenant fails to pay the rent or violates the tenancy rules. Additionally, you can send the eviction notice if you want to end the week-to-week or month-to-month lease.
Alabama state law requires the landlord to issue a 7-day notice to the tenant before they can initiate the eviction process. In case the landlord wants to terminate the month-to-month lease agreement, they must issue a 30-day notice to the tenant.
In Alabama, the eviction can take from 1 to 3 months, but in some cases, it can take even longer. The duration of the eviction process depends on the reason for the eviction, whether the eviction is contested, and more.
No, the shortest allowed period for the eviction notice is 7 days. In some cases, like the termination of a month-to-month lease, the law requires a minimum of 30 days advance notice.