🏛️ Courthouse Information and Locations for Alabama
Alabama Eviction Laws: Notice Requirements, Process, and Timelines
Alabama provides a relatively straightforward eviction process for landlords, with cases handled through the District Court. Whether you’re dealing with nonpayment of rent or a lease violation, Alabama requires a 7-day notice before you can file for eviction. Understanding the timeline and proper procedures is essential to avoid delays and ensure a legally compliant eviction. Below you’ll find the key details every Alabama landlord needs to know.
Alabama Eviction Laws
Comprehensive guide to Alabama's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in District Court.
⚡ Quick Overview
💰 Nonpayment of Rent
Alabama uses 7 BUSINESS days (not calendar days) for the nonpayment notice per §35-9A-421(b). No breach can be cured more than 2 times in any 12-month period (§35-9A-421(d)). Filing fees typically range from $200-$300 depending on county. Distraint for rent is abolished in Alabama (§35-9A-425).
📋 Lease Violation
Alabama uses 7 BUSINESS days (not calendar days) for both nonpayment and lease violation notices per §35-9A-421. No breach can be cured more than 2 times in any 12-month period (§35-9A-421(d)). If the same or substantially similar violation recurs within 6 months of a prior cured breach, landlord can issue a 7-calendar-day unconditional quit notice with no cure opportunity.
📬 Service of Process
Complaint and summons served by court officer.
🏛️ Court & Legal Information
Generally fast. Rural counties have limited court schedules.
⚖️ Appeals & Post-Judgment
Sheriff executes writ of restitution. Landlord may change locks after.
📦 Tenant Property & Abandonment
Per Ala. Code §35-9A, landlord must store items in dry, safe location and send written notice to tenant last known address. Tenant has 14 days to reclaim belongings. Garbage can be disposed immediately. Same 14-day rule applies post-eviction. Certified mail notice recommended.
🏦 Security Deposits
Return within 60 days (35 if landlord sends itemized list). Cannot exceed 1 month rent.
💵 Late Fees
Must be in lease. No statutory formula.
🛡️ Tenant Protections
No rent control. No state preemption needed - no local rent control exists.
🏙️ Local Overrides & City-Specific Rules
Alabama is uniform statewide for landlord-tenant law.
Underground Landlord📝 Alabama Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the District Court. Pay the filing fee (~$256).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Alabama
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Alabama Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: General information only, not legal advice. Procedures can vary by county and by the facts of the case.
Overview: How Eviction Works in Alabama
In Alabama, most residential evictions run through an “unlawful detainer” case (a court process to regain possession). The high-level flow is: (1) notice, (2) court filing + hearing, then (3) sheriff/constable execution under a writ of possession. “Self-help” (lockouts, utility shutoffs, removing belongings without a writ) is not the legal route.
Notice Requirements (The Part That Most Often Causes Delays)
Alabama’s notice rules for many residential tenancies are found in the Alabama Uniform Residential Landlord and Tenant Act. The notice you give depends on the reason you are ending the tenancy:
- Nonpayment of rent: a written notice to terminate that gives the tenant at least seven business days after receipt to pay the rent due or the lease terminates. The notice must state the amount owed and that the lease will terminate if it is not paid in time. (Ala. Code § 35-9A-421(b))
- Curable lease violations / health & safety issues: generally, a seven-business-day notice describing the breach and giving time to fix it before termination. (Ala. Code § 35-9A-421(a))
- Ending a periodic tenancy (often month-to-month): local court guidance commonly references 30 days for termination of a periodic tenancy for reasons other than nonpayment, but confirm the correct statute and your county’s clerk practice for your lease type.
Why it matters: If your notice is the wrong type, missing key language, or served incorrectly, the case may be dismissed and you start over.
Alabama Eviction Steps (Plain-English Timeline)
Step 1 – Deliver the notice and document it. Keep a copy and proof of delivery (certificate of service, certified mail, or photos + written notes showing when/how it was delivered).
Step 2 – File in district court if the tenant does not cure or move. The landlord files a complaint for possession (and may also add a money claim for back rent/damages). The court issues a summons and complaint and they are served (commonly by the sheriff or a process server).
Step 3 – Tenant answer window. County guidance often states the tenant has 7 days to answer the possession claim, and 14 days to answer a money claim if one is filed. If the tenant does not answer the possession portion, the landlord can usually pursue a default on possession. (Example: Morgan County Sheriff guidance.)
Step 4 – Hearing and judgment. If the tenant answers, the court sets a hearing. If the landlord proves the right to possession, the judge enters a judgment for possession. If the tenant does not move, the landlord requests a writ of possession.
Step 5 – Writ of possession executed by law enforcement. The sheriff/constable schedules the set-out/lockout. Only law enforcement executes the writ. Timelines vary by county workload and whether the tenant contests or appeals.
Common Tenant Defenses and Landlord “Gotchas”
Most eviction slowdowns come from process mistakes or documentation gaps. The most common issues include:
- Defective notice or service: wrong notice period, unclear cure language, incorrect amounts, or improper delivery.
- Payment disputes: unclear ledger, partial payments, or disagreements about what is included in “rent.” Keep a dated rent ledger and receipts.
- Repair / habitability disputes: tenants may raise safety or maintenance problems. Keep inspection photos, repair requests, and vendor invoices.
- Retaliation/discrimination claims: if the tenant recently asserted rights, timing can matter. Be consistent and keep objective records.
Up-to-Date Alabama Items to Watch (Late 2025–January 2026)
HB80 (2026 Regular Session): Alabama House Bill 80 has been moving in the 2026 session to clarify duties during execution of a writ of possession and to require additional notices to tenants about personal property. The introduced bill text describes notice requirements regarding property left behind and civil immunity provisions connected to execution of the writ. Recent reporting on the bill describes a written warning posted at least 24 hours before the eviction that includes the scheduled date and time. Coverage also describes the officer’s duties on execution day (ordering occupants to leave, maintaining peace while locks are changed, and allowing property to be moved to the curb or property line), along with provisions addressing liability for property damage during execution.
Rental assistance after pandemic-era programs: The U.S. Treasury reports that the Emergency Rental Assistance (ERA2) program’s performance period ended on September 30, 2025, with final reporting due in late January 2026. With the largest federal ERA funding windows closed, eviction-prevention help is more likely to come from smaller state/local programs, charities, and court-based services (where available). Renters facing displacement should check local resources such as community action agencies, legal aid organizations, and any court-based assistance or mediation programs in their county.
Best Practices Checklist (Fast, Practical)
- Use the right notice for the violation and include clear cure language and deadlines.
- Build a paper trail: lease + addenda, rent ledger, notices, proof of service, photos, and maintenance records.
- Do not self-help: wait for the writ and law enforcement execution.
- Know your county procedure: clerk and sheriff practices affect scheduling and service.