Outline of the Eviction Process in Alabama

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent (late one day after due date, unless lease specifies grace period).
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, criminal assault).
  • End of lease term (fixed-term or month-to-month).
  • False information on rental application.
• Law: Ala. Code § 35-9A-101 to § 35-9A-603 (Alabama Uniform Residential Landlord and Tenant Act).

2. Notice to Quit

• Written notice served:
  • Non-payment: 7-day Notice to Pay or Quit.
  • Lease violation: 7-day Notice to Comply or Quit (14 days to cure, vacate if repeated within 6 months).
  • Month-to-month: 30-day Notice to Vacate.
  • Illegal activity or false application: 7-day Notice to Quit (no cure).
• Delivery: Hand-delivered, certified mail, or posted with mailed copy (delivered 3 days after mailing).
• Tenant can cure by paying rent (within 7 days) or fixing violation (within 14 days, if curable).

3. Filing the Eviction Case

• File Statement of Claim for Eviction/Unlawful Detainer (Form C-59) in District or Circuit Court.
• Documents: Complaint, Notice to Quit, lease, proof of service.
• Fee: ~$256–$288.50 (varies by county).
• Timing: After notice period expires (e.g., 8th day for 7-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 6 days before hearing.
• Methods: Delivered to tenant, left with resident and mailed, or posted and mailed.
• Tenant has 7 days to file Answer (Form PS-01).

5. Court Hearing

• Held 7–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., mediation).

6. Judgment and Execution

• Writ of Possession (Form C-59A) if landlord wins.
• Appeal: 7 days (requires appeal bond).
• Writ issued: ~7–14 days post-judgment; sheriff serves 7-day notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; landlord stores belongings (14 days).
• Tenant can reclaim property by paying storage costs.
• Law: Ala. Code § 35-9A-423(d).

8. Tenant Protections

• Rights:
  • Cure violations (7 days for rent, 14 days for lease issues), defenses (retaliation, discrimination).
  • No self-help evictions (landlord penalties up to 3x rent or damages).
• Resources:
  • Alabama Legal Help (800-315-6311), alabamalegalhelp.org, legalservicesalabama.org.

Notes

• Disclaimer: General guide; consult a lawyer.
• Sources: Ala. Code § 35-9A-101 to § 35-9A-603; jud.alabama.gov; alabamalegalhelp.org.