Eviction Laws in Decatur, Alabama
Decatur sits on the banks of the Tennessee River in Morgan County and is known as the River City. The local economy is driven by manufacturing and industrial employers including 3M, GE Aviation, and United Launch Alliance, along with the Port of Decatur. The rental market serves a working-class population alongside professionals drawn by the area’s affordable cost of living relative to nearby Huntsville. Morgan County District Court has published detailed eviction guidelines that landlords should review before filing β this county is more specific about procedures than most in Alabama.
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 β 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.
Decatur — Local Rules That Affect Landlords
Morgan County Procedures. Morgan County has published detailed eviction guidelines. Key local specifics include: 7 business days notice required for failure to pay rent under a current lease; 30-day notice for all other terminations. The initial filing fee is $291 β among the highest in the state.
Filing Fees. Initial filing: $291. Additional defendants: $27 each (if served by Sheriff’s Department). Additional plaintiffs: $50 each. Writ of Possession: $17. Tenant counterclaims: $17. No personal checks accepted.
Service Rules. In Morgan County, personal service must be attempted first. If personal service fails, the complaint may be posted on the premises AND the sheriff must also mail a copy by first-class mail.
Answer Deadlines. 7 calendar days to answer the possession count. 14 days to answer the money claim (if filed in District Court). Default judgment may be taken on possession if no answer is filed within 7 days.
Appeal Bond. The appeal bond is set by the District Court judge based on past-due rent and accruing rent. The tenant must post this bond to stop eviction during appeal.
No Local Rent Control. Alabama does not permit local rent control ordinances.
Morgan County District Court — Where Landlords File
Decatur landlords file Unlawful Detainer actions at Morgan County District Court, located at 302 Lee St NE, Decatur, AL 35601, phone (256) 351-4740, open Monday-Friday 8:00 a.m. to 4:30 p.m.. Pay the filing fee at the clerk’s window (~$291+ 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.
|