Last Updated on March 18, 2024 by Kelvin Nielsen
One of the many responsibilities tenants have in Alabama is paying rent. Usually, most leases require tenants to pay rent on the 1st of every month. If your tenant doesn’t, you have a right as a landlord to evict them from your rental property.
As a landlord in Alabama, you’re also equally obligated to follow the proper eviction process when removing a tenant from your rental property for failure to pay rent on time.
The following are answers to commonly asked questions by Alabama landlords regarding the 7-day eviction notice.
What is a 7-day eviction notice in Alabama?
To evict a tenant from your rental property in Alabama, landlords must first have a legal cause. And one such legal cause is nonpayment of rent. Next, you must serve your tenant an eviction notice.
The 7-day eviction notice gives your tenant a maximum of seven days to either pay the rent due or vacate the unit. If the tenant pays within the 7 day window, then you must stop further eviction proceedings. However, if they don’t, then you can continue with the eviction process by moving to court.
Please note that weekends or holidays don’t count towards the 7 days.
How to serve a 7-day eviction notice in Alabama?
You must serve the 7-day eviction notice in a prescribed manner. You have three options. One of the options is to serve it to the tenant in person. Another option is to mail a copy of the eviction notice to the tenant via either regular mail, registered mail, or via certified mail. The other option is to leave the notice in a conspicuous place on the property, for example, by posting it on the front door.
How long does it take to evict a tenant in Alabama?
The process can take anywhere between a few weeks to several months depending on a variety of factors.
Issuing an eviction notice will generally take anywhere between a week to a month. Then, if the tenant doesn’t honor it, you can move to court and file a summons and complaint. This can take almost a week. The tenant will then have anywhere between 7 and 14 days to answer the summons and complaint.
Lastly, between the court hearing and the judgment, this can take anywhere between a few days to a couple of months to be done.
Can you evict a tenant without a court order in Alabama?
The only way to evict a tenant in Alabama is through a court order. It’s unlawful to try to evict a tenant through other ways such as by doing any of the following.
- Removing their belongings from the property.
- Locking them out.
- Shutting down their utilities.
These are examples of “self-help” eviction methods and are illegal in all the fifty states.
To evict a tenant in Alabama, you must first obtain a Writ of Execution. And even then, it’s only the sheriff that can physically evict the tenant from the premises.
Downloadable 7 Day Eviction Notice in Alabama
Conclusion
As a landlord in Alabama, you have an obligation to follow the proper eviction process when evicting a tenant from your rented premises. If evicting a tenant for failing to pay rent, you must serve them a 7-day eviction notice to kickstart the process.
You cannot engage in illegal methods like locking them out, shutting down their utilities, or removing their personal belongings from the unit. These are some of the things that landlords cannot do under Alabama law.
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
Sources: Alabama Landlord-Tenant Law, The Code of Alabama 1975, Alabama Tenants Handbook.
You May Also Like:
Hi, I’m Kelvin Nielsen, an experienced landlord and accomplished real estate lawyer. My focus is on answering your questions about renting in the hopes of making your life as a renter or a landlord a bit easier.