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Montgomery · Montgomery County

Montgomery Eviction Laws & Process

Alabama landlord guide — notices, timelines, court filing & local rules

⏱ Notice Period: 7 bus. days
💰 Filing Fee: ~$247-$300
📅 Avg Timeline: 3-5 weeks

Eviction Laws in Montgomery, Alabama

Montgomery is the state capital of Alabama, with a large government workforce and a significant military presence from Maxwell Air Force Base and Gunter Annex. The rental market is driven by state employees, military personnel, and students from Alabama State University and Huntingdon College. Montgomery County District Court handles a steady volume of Unlawful Detainer actions. Landlords should maintain thorough documentation and act promptly when lease violations occur β€” particularly in a market with higher-than-average vacancy rates where lost rent months add up quickly.

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.

Montgomery — Local Rules That Affect Landlords

Military Tenants. Maxwell Air Force Base and Gunter Annex bring a large active-duty and civilian military population to Montgomery. Landlords must verify whether a tenant is protected under the federal Servicemembers Civil Relief Act (SCRA) before filing for eviction.

No Local Rent Control. Alabama does not permit local rent control ordinances. Montgomery landlords set market-rate rents without municipal caps.

State Capital Workforce. Many Montgomery tenants are state government employees. While this provides income stability, landlords should still verify employment and conduct thorough screening.

Montgomery County District Court — Where Landlords File

Montgomery landlords file Unlawful Detainer actions at Montgomery County District Court, located at 251 S Lawrence St, Montgomery, AL 36104, phone (334) 832-1260, open Monday-Friday 8:00 a.m. to 4:30 p.m.. Pay the filing fee at the clerk’s window (~$247-$300 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.

Montgomery Rental Market Snapshot

Current data for Montgomery landlords and investors

Metric Data Notes
Median Monthly Rent ~$1,050 RentCafe/Yardi, early 2026
Vacancy Rate ~8.1% Montgomery metro, 2025-2026
Rent Change (YoY) +1.5% Annual change through early 2026
Avg Days on Market ~28 Rental listings, Montgomery metro
Landlord-Friendly Rating 8/10 Landlord-friendly state; affordable market; government workforce

Alabama Eviction Laws

State statutes, notice requirements, and landlord rights that apply to every Montgomery rental

⚑ Quick Overview

7
Days Notice (Nonpayment)
7
Days Notice (Violation)
21-35
Avg Total Days
$256
Filing Fee (Approx)

πŸ’° Nonpayment of Rent

Notice Type 7-Day Notice to Pay or Vacate
Notice Period 7 days
Tenant Can Cure? Yes
Days to Hearing 7-14 days
Days to Writ 7 days
Total Estimated Timeline 21-35 days
Total Estimated Cost $300-$500
⚠️ Watch Out

Alabama uses 7 BUSINESS days (not calendar days) for the nonpayment notice per Β§35-9A-421(b). No breach can be cured more than 2 times in any 12-month period (Β§35-9A-421(d)). Filing fees typically range from $200-$300 depending on county. Distraint for rent is abolished in Alabama (Β§35-9A-425).

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πŸ“ Alabama Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the District Court. Pay the filing fee (~$256).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Alabama eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Alabama attorney or local legal aid organization.
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πŸ” Reduce Your Risk Before Signing a Lease: Alabama landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Alabama β€” including background checks, credit history, income verification, and rental references β€” is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Alabama's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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Montgomery Eviction Cost Snapshot

Typical filing, service, and court fees for a Montgomery Unlawful Detainer action

πŸ’° Eviction Costs: Alabama
Filing Fee 256
Total Est. Range $300-$500
Service: β€” Writ: β€”

Alabama Notice Period Calculator

Calculate your required notice period and earliest filing date under the Alabama AURLTA

πŸ“‹ Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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Montgomery County District Court

Where Montgomery landlords file Unlawful Detainer actions

πŸ›οΈ Courthouse Information and Locations for Alabama

State Capital β€” Military & Government Market β€” Screen Before You Sign

Screen Tenants Before You Sign in Montgomery

Montgomery’s mix of government workers, military families, and students creates a diverse applicant pool. A full background, credit, and nationwide eviction check helps you verify income stability and catch issues from prior duty stations or college towns.

Run a Tenant Background Check →

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Generate a compliant 7-Day Pay or Quit notice, an Alabama Unlawful Detainer filing packet, or a lease built for Montgomery County District Court β€” in minutes. Our AI document tools are built around the Alabama Uniform Residential Landlord and Tenant Act and Ala. Code 35-9A-421.

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This page is for informational purposes only and does not constitute legal advice. Eviction laws and court procedures may change. Always verify current requirements with a licensed Alabama attorney or Montgomery County District Court before taking action.

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