Wednesday, January 4, 2023

Alabama Eviction Process




Non-Payment - 7 days if lease fails to state a time.     

Infractions of the Lease - 14 days     

End of Tenancy - Less than one year - 10 days. 

Over one year - 30 days.

Evictions-Unlawful Detainer     

1) Complaint     

2) Summons     

3) Writ of Restitution (Possession)

Once the tenant receives the summons and complaint, they must file an answer with the court within 7 days of receiving the summons for evictions without a money claim, or within 14 days for evictions with a money claim. Otherwise, the court may automatically rule in the landlord’s favor.

An “answer” is simply a written document explaining why the tenant believes they shouldn’t be evicted and can be mailed to the court. It should also be mailed to the landlord or the landlord’s attorney. If the tenant violates a health, building, safety, or housing code. In these instances, the landlord is required to provide the tenant with a 7-day notice to comply giving the tenant 7-days to correct the issue.



Material health/safety violations could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.

If the tenant remains on the property after the notice period expires without correcting the violation, the landlord may proceed with the eviction process.

The tenant who is involved in illegal drug activity, criminal assault, or illegal firearm activity must be given a 7-day notice to quit before the landlord can proceed with an eviction action.

Tenants involved in illegal activity don’t have the option to stay in the rental unit, even if they correct the violation.



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