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This article provides a summary that landlords can refer to when it comes to the process of evicting a tenant. Confirm the protocols with your local justice court to ensure that the entire process will proceed as quickly and easily as possible.
Nonpayment of rent: In Alabama, a tenant's rent is late if they are unable to pay it one day after the due date. A grace period may be allowed if stipulated in the lease/rental agreement. Before initiating the eviction procedure, the landlord must provide the tenant with an official written 7-Day Notice to Pay.
Violation of lease terms: Both tenant and landlord must adhere to the rental lease agreement for the duration of their stay. Tenant-specific agreements are possible. A 7-day Notice to Comply must be issued by the landlord if a tenant breaches any of the provisions of the lease. The eviction procedure ends if the tenant resolves these issues in a timely manner.
No lease/lease termination: A landlord in Alabama may evict a tenant without a lease or with an expired lease (known as a "holdover tenant" or "tenant at will"). In order to do so, they must first terminate the tenancy by providing the required notice to vacate (30 days for month-to-month tenants and seven days for week-to-week).
Illegal activity: If a tenant has participated in illegal activity on the premises, the landlord must issue a 7-day notice to vacate.
In Alabama, like in all states, landlords must follow specific procedures and laws when evicting tenants. Illegal evictions occur when landlords bypass these procedures or engage in illegal actions, such as:
Self-Help Evictions: In order to evict a tenant, a landlord is not permitted to employ self-help techniques such as changing the locks or taking the tenant's possessions.
Retaliation: Landlords cannot evict a tenant in retaliation for the tenant exercising their rights, such as complaining to the landlord about a repair issue.
Discriminatory Practices: Landlords cannot evict tenants based on discrimination, such as race, gender, religion, or national origin.
Failure to Provide Proper Notice: Landlords must give tenants proper written notice before beginning the eviction process, and the length of notice required depends on the reason for the eviction.
Unlawful Eviction Procedures: Landlords must follow the proper procedures for eviction, including obtaining a court order if necessary.
Notice to Vacate
Timeline: 7-30 days
The eviction process usually starts with the landlord giving the tenant a written notice, also known as a "notice to vacate" or "notice to quit." The notice provides the tenant with a set length of time to correct the problem or evacuate the property and details the grounds for the eviction, such as nonpayment of rent or breach of the lease. The landlord may file a complaint with the court to start official eviction procedures if the tenant ignores the notification.
The notice must be transmitted using one of the following methods:
Personal delivery: The notice can be delivered to the tenant in person.
Posting on the door: If the tenant is not home, the notice can be posted on the tenant's door.
Certified mail: The notice can be sent by certified mail to the tenant's last known address.
Substituted service: In the event that the tenant cannot be located, the notice may be served at the tenant's home on a responsible adult, and a copy may be mailed to the tenant's last-known address.
Filing a Complaint
Timeline: within 6 days
If the tenant does not cure the issue or vacate the property within
the time specified in the notice, the landlord may then file a complaint to initiate formal eviction proceedings.
The most convenient way to file a case in Alabama is to do so electronically through the Alabama Administrative Office of Courts (AOC) eFile system, which allows you to file certain documents and pay fees online. Another option is to file in person at the appropriate courthouse or to mail the required forms and payment to the courthouse. You may also consider hiring a lawyer to assist with the process.
Tenant's Response
Timeline: 7 - 14 days
Once the landlord has filed a complaint for eviction, the tenant will be provided with a copy of the complaint and given an opportunity to submit a response. This response, also known as an "answer," is the tenant's chance to contest the eviction and provide any defenses or counterclaims they may have.
Hearing in court and decision
Timeline: A few days to a few months
After the tenant has submitted their response to the eviction complaint, the court will hold a hearing to determine if an eviction is warranted. During the hearing, both the landlord and the tenant will have the opportunity to present evidence and testimony to support their positions. The court will then make a decision based on the information and arguments presented.
Landlord and tenant must bring the following before the hearing in order to prepare:
A copy of the lease; The notice to vacate, comply, or pay
The dispute/complaint; and
Any evidence (such as photographs of the damage, invoices, etc.) or witnesses that will aid in proving the case in court.
If the court determines in favor of the landlord, regardless of whether the eviction was appealed or not, a Writ of Execution will be issued, and the procedure will continue.
Writ of Possession
Timeline: Immediately
If the court decided in the landlord's favor during the eviction hearing, a writ of execution may be issued by the court. The writ of execution is a court order directing the sheriff or local law enforcement to physically remove the tenant from the property and restore possession to the landlord. The writ of execution is typically issued several days after the court's decision to allow the tenant time to vacate voluntarily.
Return of the Property
Timeline: 7 days
If a writ of execution is issued by the court after the eviction hearing, and the tenant does not vacate the property voluntarily, the sheriff or local law enforcement will execute the writ and physically remove the tenant from the property. Once the tenant has been removed, the property will be handed back over to the landlord. In some cases, the tenant may be entitled to a grace period before being physically removed from the property, or they may have the right to appeal the court's decision.
The typical timeline for finishing an eviction process is shown below. Special circumstances, such as petitions for an appeal or a continuance, are not included in this timeline.
NOTICE TO VACATE
Timeline: 7 - 30 DAYS
FILING A COMPLAINT
Timeline: WITHIN 6 DAYS
TENANT’S RESPONSE
Timeline: 7 - 14 DAYS
HEARING IN COURT AND DECISION
Timeline: A FEW DAYS TO A FEW MONTHS
WRIT OF POSSESSION
Timeline: IMMEDIATELY
RETURN OF THE PROPERTY
Timeline: 7 DAYS
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