Eviction Laws in Birmingham, Alabama
Birmingham is Alabama’s economic and cultural hub and the county seat of Jefferson County — one of the busiest court systems in the state. The city’s rental market spans everything from historic Southside apartments and Highland Park homes to affordable units in West End and Ensley. Jefferson County District Court handles a high volume of Unlawful Detainer filings. Landlords should expect a potentially slower docket due to caseload and come prepared with complete documentation to avoid continuances.
Alabama landlords operate under the Alabama Uniform Residential Landlord and Tenant Act (AURLTA), Ala. Code §§ 35-9A-101 through 35-9A-603. Nonpayment of rent requires a 7-business-day Notice to Pay or Quit. Curable lease violations require a 7-business-day Notice to Cure or Quit. Non-curable violations (illegal drugs, firearms offenses, application fraud, or repeat violations within 6 months) require a 7-day Unconditional Notice to Quit. Month-to-month tenancies without cause require a 30-day notice. No breach may be cured more than twice in any 12-month period without the landlord’s written consent. Self-help evictions are illegal in Alabama — landlords who change locks, shut off utilities, or remove belongings without a court order face damages of up to three months’ rent plus attorney’s fees.
Birmingham — Local Rules That Affect Landlords
High-Volume Court. Jefferson County District Court is one of the busiest in Alabama. Landlords should file early, bring complete documentation, and be prepared for potential scheduling delays. Incomplete filings are a common reason for continuances.
Filing Fee. The filing fee in Jefferson County is approximately $261 for the initial complaint — among the higher rates in the state. Default judgment filings cost an additional ~$50.
No Local Rent Control. Alabama does not permit local rent control ordinances. Birmingham landlords set market-rate rents without municipal caps.
Multi-County Landlords. Birmingham landlords with properties in neighboring Shelby County must file each eviction in the county where the specific property is located — not where the landlord resides.
Jefferson County District Court — Where Landlords File
Birmingham landlords file Unlawful Detainer actions at Jefferson County District Court, located at 716 Richard Arrington Jr Blvd N, Birmingham, AL 35203, phone (205) 325-5311, open Monday-Friday 8:00 a.m. to 4:30 p.m.. Pay the filing fee at the clerk’s window (~$261+ depending on service method and whether unpaid rent is also claimed). The court schedules a hearing after the tenant’s 7-day answer period. After a judgment in the landlord’s favor, a 7-day automatic stay applies before a Writ of Possession can issue. The tenant has 7 days to appeal to Circuit Court. After the stay period, the landlord requests a Writ of Possession — the sheriff schedules a lockout, typically 7-10 days after the writ issues. Self-help eviction is illegal in Alabama.
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