Alabama Eviction Laws: The Ultimate Guide for Landlords (2023)

Are you a landlord or property manager in Alabama facing the challenge of evicting a tenant? Understanding and following the state's eviction rules and procedures is crucial to ensure a valid eviction. Otherwise, you might get stuck with a pile of legal fees (and no rent to boot). In this article, we'll provide a clear and concise overview of Alabama eviction laws, plus tips for problem-solving common roadblocks. Be sure to read from top to bottom so you don't miss any important steps.

Evictions In Alabama Are On The Rise

Evictions have been on the rise across the United States since 2015. And unfortunately, Alabama renters are among the top in the country struggling to pay rent on time. In fact, two of Alabama's largest cities are among the 100 most evicted cities in the country, mostly due to nonpayment of rent.

Montgomery, AL, holds down #27 on the list, with an eviction rate of 5.82%, resulting in around 2,074 yearly evictions. Mobile, AL ranks at #78, with an eviction rate of 3.66% and approximately 1,333 reported evictions per year.

2023 Alabama Eviction Laws & Timeline For Eviction

First, know that you can't kick out a tenant yourself.

When removing a tenant from a rental property, landlords can't just take matters into their own hands by forcefully evicting tenants or changing locks. This would be considered an illegal eviction.

Instead, landlords must follow the proper legal procedures, which involve going through the judicial process.

Landlords must initiate legal action by filing an eviction lawsuit or complaint in the appropriate court. This begins the judicial process and allows both parties, the landlord and the tenant, to present their arguments and evidence before a judge.

When a tenant is evicted from a rental unit and leaves personal belongings behind, the landlord has certain responsibilities regarding the storage and disposal of the property.

In Alabama, if the tenant fails to claim their personal property within the eviction process, the landlord must store it for up to 14 days.

In most cases, there are strict eviction waiting periods between 7-14 days.

In 2014, the Alabama Landlord-Tenant Act was introduced to simplify the eviction process.

Despite these changes, navigating the legal procedures can still be complex due to strict rules concerning an eviction notice and waiting periods.

• The eviction process typically begins with the landlord issuing an eviction notice to the tenant.
• They must indicate the reason for eviction and specify a waiting period.
• The standard waiting period is 7 days for unpaid rent or 14 days for other lease violations.

This waiting period allows the tenant an opportunity to address any issues and rectify the situation before further action is taken.

After the waiting period, landlords can take legal action.

If the tenant does not resolve the issue or disagrees with the eviction, the landlord proceeds by filing an eviction lawsuit in the District Court.

The tenant is then served with a copy of the summons and complaint, officially notifying them of the legal proceedings. At this stage, the tenant can dispute the allegations made in the complaint.

The case will proceed to a hearing, where both the landlord and the tenant present their arguments and evidence to support their respective positions.

A judge then makes a determination for either landlord or tenant.

The judge presiding over the case carefully listens to arguments and considers all relevant factors.

After the hearing, if the judge determines that the tenant has violated the terms of the lease agreement or if the lease has expired, they will issue an order granting possession of the rental property to the landlord.

This means the tenant will be legally required to vacate the premises within 7 days.

But if any step along the way wasn't in line with Alabama eviction laws, things may not turn out in the landlord's favor.

Therefore, we recommend looking at these step-by-step instructions for evicting a tenant and following them carefully.

Eviction Laws In Alabama Quick Reference Table

How To Evict Someone In Alabama Step By Step

Step 1 - Establish grounds for eviction.

Here are some of the most common reasons landlords in Alabama might evict a tenant.

The tenant missed rent payments.

Alabama law supports the prompt payment of rent—even a single day's delay is considered late.

If a tenant fails to pay rent on time and there's nothing about a grace period in the lease agreement, then landlords should provide tenants with a 7-day notice to pay rent.

If the tenant successfully pays the outstanding rent within the 7-day notice period, the eviction process is halted, and the tenancy can continue as normal.

However, if the tenant fails to make the required payment within the given 7-day notice period, the eviction process will proceed. At this point, landlords can initiate further legal action to regain possession of the property.

The tenant violated their rental agreement.

Sometimes tenants misuse or abuse a landlord's property, thereby violating their rental agreement.

Some common ways in which tenants may violate the rental agreement include:

• Long-term guests - If tenants have guests staying for an extended period without permission, it can be a violation of the agreement.
• Unauthorized pets - Most rental agreements explicitly state whether pets are allowed. If tenants bring pets into the property without obtaining prior approval from the landlord, it can be considered a breach of the rental agreement.
• Property damages - Tenants are generally responsible for maintaining the property in good condition. Property damages caused by neglect, such as not taking out the trash and attracting an infestation, electrical damage, or missing/broken plumbing fixtures, can be lease violations of the rental agreement.
• Commercial use of property - Rental agreements typically outline the permitted use of the property. It may violate the agreement if tenants utilize a residential rental unit for commercial purposes without the landlord's consent.

In Alabama, landlords are required to give the tenant a 7-day notice to comply with the terms of the rental agreement.

If the tenant fails to comply within the specified period, further legal actions, then it's time for the landlord to initiate eviction proceedings.

NOTE: if the tenant violates the rental agreement for the second time within a span of 6 months, landlords are not legally required to provide the tenant an opportunity to rectify the violation before issuing a notice to quit.

The tenant lied on the rental application.
During the rental application process, tenants are required to provide accurate and truthful information. But that doesn't stop some tenants from giving false or misleading information anyway.

When landlords discover that a tenant has lied on their rental application, it creates a breach of trust. Here are some common areas where tenants may misrepresent information:

• Employment status: Tenants may provide false information about their current employment status, including their job position, employer, or income level.
• Number of people living in a rental unit: Rental applications often ask for the number of occupants who plan to reside in the rental unit. Tenants may provide inaccurate information by understating the number of individuals who will be living in the property.
• Personal information: Personal information such as the tenant's name, contact details, or identification may be misrepresented on the rental application.
• Criminal and eviction history: Rental applications often require tenants to disclose their criminal record or history of prior evictions. Dishonest tenants may provide false information or fail to disclose relevant details.

Unlike other reasons for eviction in Alabama, tenants can't correct falsifying information on their rental application.

So landlords can serve the tenant with a 7-day notice to quit, which essentially notifies them that they have 7 business days to vacate the rental property. In some situations, the landlord may even be able to file an eviction lawsuit against the tenant.

The landlord opts for nonrenewal of the lease.

Nonrenewal of the lease is a situation where the landlord decides not to extend or renew the rental agreement with the tenant. For monthly leases, the landlord can typically issue a 30-Day Notice to Quit, which provides the tenant with 30 days to find alternative housing and move out.

If the tenant remains in the property even a day after their lease or rental agreement ends without making arrangements for renewal, the landlord can take action.

The tenant engaged in illegal conduct.

In Alabama, engaging in illegal activities can lead to the issuance of a notice to quit by the landlord.

Examples of illegal conduct in a rental property may include drug-related activities, criminal behavior, such as assault, or engaging in activities that violate public safety regulations, such as discharging a firearm.

When a landlord becomes aware of illegal conduct by a tenant, they have the right to issue a notice to quit, which equates to an eviction notice. In some situations, the landlord may even be able to file an eviction lawsuit against the tenant.

Step 2 - File & serve a complaint in the eviction process.

To initiate the eviction process, start by identifying the appropriate justice court that has jurisdiction over the rental property.

Then, file a complaint with the court, outlining the reasons for the eviction, and pay the necessary fees associated with filing the complaint.

Once the Notice to Quit has been issued, the eviction process generally takes between 7 to 30 days to complete.

A representative from the court—not the landlord or their attorney—is responsible for delivering the Summons and Complaint to the tenant. This is an official notification regarding the upcoming eviction hearing.

It's mandatory for the Summons and Complaint to be delivered to the tenant at least six days prior to the designated return date of the eviction process.

Step 3 - Acquire possession of the property.

To secure possession of the property, the landlord must present a compelling argument to a judge supported by strong evidence against the tenant.

During the hearing, the landlord must present evidence to support their claim, such as the deed, lease agreement, rent receipts, bank statements, witnesses, and documentation of the lease violations.

If the judge rules in favor of the tenant, the landlord has 7 days to appeal the decision, and vice versa.

The landlord wins by default if the tenant fails to appear at the hearing. If the landlord does not win, they can appeal within 7 days for reconsideration.

There is no specific deadline for scheduling an eviction hearing, but an appeal hearing must be scheduled within 60 days of the request. Appeals can be filed within 7 days of the court's judgment.

If the landlord wins the case and the tenant does not seek reconsideration, a Writ of Execution is issued promptly.

The tenant is then given a maximum of 7 days to vacate the property.

Step 4 - The tenant vacates the property.

Tenants have 7 days from the judgment in favor of the landlord to vacate the property.

Only authorized authorities can forcibly remove the tenant. If the tenant leaves any belongings behind, the landlord must store them for a minimum of 14 days and make efforts to contact the tenant for retrieval.

After the 14-day period, the landlord may sell or dispose of the tenant's property.

Tenants Late On Rent? Eviction Services Are Available from Hemlane

If you find yourself dealing with tenants who are consistently late on rent payments, it can be a stressful and frustrating situation. However, you don't have to face it alone.

Hemlane is here to assist you in navigating the eviction process and ensuring that you receive the rent you are owed, all while minimizing costly court fees. Explore our eviction services and on-demand delinquency management today.