In the State of Alabama, serving an eviction notice is the first step to terminate a rental or lease agreement. However, these eviction notices can only be served where there’s a legal cause (reason) for such action. For landlords, it is essential to familiarize themselves with the eviction laws in Alabama, to ensure strict compliance with the legal procedure and avoid any legal consequences. It also helps tenants to prevent wrongful tenancy termination that would trample on their legal rights. It’s important that both parties maintain clear communication during the eviction process, and seek legal assistance when required. This would facilitate a hitched-free eviction process. In this article, we discussed the different types of eviction notices and the associated legal processes in Alabama.
The primary legislation that governs the eviction process in Alabama is the 2022 Code of Alabama, Title 35 – Property. Specifically, Chapter 9A of this Code, also known as the Alabama Uniform Residential Landlord and Tenant Act, sets forth the detailed procedures and regulations governing landlord-tenant relationships, including evictions. This chapter is crucial as it outlines the legal framework for notice requirements, acceptable grounds for eviction, and tenant rights and defenses in eviction cases. However, over time, several amendments have been made to Alabama eviction laws to facilitate a fairer and more balanced approach. These new laws give room for tenants to cure violations, defend their rights, and seek legal assistance. As deduced from Ala. Code § 35-9A-425, any form of distraint for rent has been abolished in Alabama. In other words, landlords can not resort to any form of retaliatory or self-help methods. Resorting in any of these prohibited acts would not only hinder the eviction process, but also make the landlord liable to some legal consequences. Also, the duration to respond to the eviction lawsuit for tenants has increased from 7 to 14 days. This leaves room for tenants to carefully make their choices while seeking legal advice. There are other legal rules concerning the eviction process in Alabama, and these rules will be detailedly explained in this article.
There are different types of rental agreements in Alabama, and these are; Standard Residential Lease Agreement: This is a fixed-term rental agreement binding between a landlord and tenant. It specifies the terms of the contractual agreement and sets the duration of the lease, rent amount, and others. This is the usual type of agreement obtained for a one-year rental. Month-to-Month Lease: This is a contractual rental agreement with no specific end date. The landlord collects rent every month, as such the tenancy is renewed every month. It can only be terminated by notice from any of the parties. Sublease Agreement: This is a type of rental agreement where a tenant (sublessee) takes over all or part of an existing rental property. In other words, the rental property is subleased by an existing tenant to another person. This is usually done with the consent of the landlord. Roommate Agreement: This is a contractual agreement between two or more persons living together. The agreement outlines the house rules and regulations, as well as the living arrangement, behavioral conduct, duties, and more for every party. The consent of the landlord is not typically necessary to form this sort of agreement unless such agreement concerns the rental property or goes against the lease agreement. Commercial Leases: This is a contractual rental agreement used to obtain a commercial property, such as factories, industries, retail spaces, offices, etc. The rental agreement usually includes rules as to the property maintenance, lease duration, etc. Rent-to-Own Agreement: This is a type of contractual agreement where a tenant can rent a property, and also have the option to purchase such property at a future date.
Failure to pay rent when due is common ground to commence an eviction process in Alabama.
Unless stated otherwise in the lease agreement, rent is considered late at the beginning of each month, a day after its due date. Therefore, if one’s rent is due by September 1st, it is considered late by September 2nd.
Landlords are not bound to offer a grace period to pay rent. However, where the lease agreement allows for one, the landlord is bound to follow it.
Lease agreements stipulate several rules and regulations for both parties to maintain the landlord-tenant relationship.
Where the tenant refuses to comply with a term in the lease agreement, the landlord can evict such tenant.
Examples of acts that can amount to lease violations are;
The Code further states that a landlord can recover actual damages, reasonable attorney fees, and injunctive reliefs where the tenant fails to comply with the provision of the lease agreement or the minimum standard set by law.
Engaging in any illegal act is a sufficient ground to evict a tenant by the landlord.
In this case, the tenant can not remedy such default, unless the landlord allows it.
Examples of some of these illegal activities are;
Alabama eviction law has laid down a set of rules and regulations that the tenant must adhere to for the maintenance of the rental unit. This is a minimum standard set by law.
These standards are set to maintain the rental unit in a manner that does not violate any material or safety concerns.
AL Code § 35-9A-301 (2022) provides that a tenant shall;
If a tenant fails to comply with these provisions, the landlord can evict him or her based on any of these grounds.
Landlords can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”).
The Alabama eviction laws for tenants without a lease provide that the landlord can issue a 30 day Notice To Vacate the rental premises.
This same applies to holdover tenants. However, for weekly tenants, a 7-day Notice To Vacate is sufficient.
Where there’s noncompliance with the notice, the landlord can proceed to file an eviction lawsuit.
If a tenant intentionally misrepresents a material fact in the lease agreement or application, he can be evicted.
Some examples are where the tenant intentionally provides incorrect or false information about their income, employment status, rental history, or criminal background.
This type of act undermines the trust and contractual basis of the landlord-tenant relationship.
Therefore, the landlord can evict such tenants for their dishonesty.
Alabama eviction notices are typically served on a tenant before commencing an eviction lawsuit.
The notice would inform the tenant to leave the rental premises or perform a specific act. These notices are served due to a default or violation on the part of the tenant.
However, there are other instances where the landlord evicts a legal tenant without a particular cause (to be further explained below).
Landlords and tenants need to familiarize themselves with this process, in order to understand better their rights, responsibilities, and the proper legal procedures.
Eviction Notices with Cause
In certain cases, landlords can legally send eviction notices to the tenants in Alabama. However, the specific cause would determine the proper notice to serve.
The following are the types of eviction notices in Alabama;
If a tenant defaults in paying rent when due, the landlord can serve the Alabama 7-day Eviction Notice to Quit.
The notice must specify the amount of the fees and any late fees that the tenant may owe. It should also inform the tenant that he has seven days to pay the late rent or move out of the rental.
If the rent money is not paid within seven business days, the tenancy agreement is terminated, and the landlord can file an eviction lawsuit in court.
However, if the rent is paid within that seven days, the landlord can not proceed with the eviction lawsuit.
If a tenant fails to comply with the terms of the lease agreement or the terms stated in Section 35-9A-441 (minimum maintenance standard), the landlord can evict such tenant by serving the Alabama 7-day Eviction Notice To Comply Or Vacate.
In this case, the landlord will serve an eviction notice allowing the tenant to either remedy the default or vacate the rental premises.
This type of eviction notice also applies where the tenant intentionally puts false information in the rental agreement or application. Although in some cases, it may not be remedied.
Where the tenant refuses to fix the remedy or leave the rental unit (as the case may be) within 7 days, the landlord can proceed to file a lawsuit to drive the tenant out.
If a tenant engages in a criminal or illegal activity, or repeats a lease violation more than two times within 12 months, he may be evicted without any opportunity for remedy.
In this case, the tenant would be served a 7-day Notice to Vacate under Alabama laws.
Unless the landlord consents, the tenant can not remedy the default. The notice would inform him to vacate the rental unit within 7 days.
Where the tenant fails to leave after 7 days, the landlord can proceed with the eviction lawsuit.
(Check above for examples of illegal or criminal activity under Alabama eviction laws.)
In Alabama, landlords are typically only allowed to evict a legal tenant before the tenancy term ends when such tenant defaults in paying rent, misrepresents facts or violates the lease agreement.
However, in other cases, the landlord can also evict a legal tenant without a specific cause. This is mainly applicable when the tenancy term is about to come to an end, and the landlord does not wish to renew it.
In this case, the landlord is only expected to deliver an eviction notice informing the tenant of the non-renewal of the term, and asking him or her to vacate the premises.
However, the eviction notice to be served to the tenant depends on the duration of the lease.
For week-to-week tenancy, the landlord can serve a 7-day eviction notice to terminate the lease. But the Alabama 30 day Notice to Vacate served before the periodic rental date is sufficient for a month-to-month tenancy – AL Code § 35-9A-441 (2022).
The case is slightly different for a fixed-term lease,e.g., a year-to-year tenancy. For a fixed-term tenancy, the landlord is not obligated to give notice of eviction unless the lease particularly requests for it.
The landlord can typically expect the tenants to leave the rental once the lease term expires.
In Alabama, the landlord may serve a 7-day or 30-day Notice to Vacate to evict a holdover tenant, depending on whether such tenant is under a weekly or monthly tenancy agreement.
In Alabama, the first step to start an eviction process is to serve the tenant with an eviction notice, clearly stating the reason for the eviction (e.g., nonpayment of rent, lease violation, etc).
A copy of the eviction notice can be served by the sheriff or constable through any of the following methods;
The notice must be delivered to the tenant at least 6 days before the return day of the process.
Landlords need to keep copies of the signed notices as proof of service. They are important to prove compliance with the eviction legal procedure under Alabama laws.
Once the notice period has passed, and the tenant refuses to leave the rental premises or remedy the default (where applicable), the landlord can file an unlawful detainer suit.
The landlord can file the complaint in the court of the county where the property is situated. The complaint may include details on the name and address of each party, court information, grounds of eviction, address of the rental unit, etc.
The complaint should be sent alongside all the necessary documents to the clerk’s office for notarization.
After notarization, the summon and complaint should be forwarded to a process server or county sheriff to be served on the tenant(s).
The documents necessary for filing the lawsuit include, but are not limited to;
Landlords are expected to pay the prescribed fee which ranges from $260. This amount may vary by court or county.
The eviction lawsuit can also filed through the e-Filing Portal.
The summons and complaint can be served on the tenant through any of the following methods;
Personal Service: The summons and complaint can be delivered to the tenant in person;
Substituted Service: If the tenant is unavailable, the summon and complaint can be given to a person residing on the tenant’s property AND mailed via certified first-class mail with a return receipt to the tenant.;
Posting and Mailing: The summons and complaint can be placed in a secure and visible location on the front entrance of the tenant’s rental AND mailed via certified first-class mail with a return receipt to the tenant.
The summon and complaint must be delivered to the tenant at least 6 days before the process return date.
These documents can only be served by a personnel authorized by the court, and not the landlord or his lawyer.
If the documents are not served properly, it may cause delay which can form a basis of defense for the tenant.
Additionally, the tenant reserves the right to respond to the summons and complaint. However, the tenant may give a response within 7 days, or 14 days, if it involves monetary disputes – Answer to Landlord’s Claim
Once the response has been given, a court hearing is set, and notice of the hearing is further sent to the tenant.
If the tenant fails to respond to the summon and complaint, the landlord can move ahead to obtain a default judgment motion from the court.
However, where the tenant responds, he may rely on any viable defense to support his claim (explained below).
Additionally, either party may request a continuance for up to 15 days.
In the hearing, both parties must lay out credible arguments, supported by relevant evidence (where necessary). Since the burden of proof lies on the landlord, he must prove his claim to the court.
The landlord may utilize evidence such as a copy of the lease agreement or deed, signed eviction notice, the complaint, any evidence of the lease violation, witness(ess), etc.
The court would hear the argument from both sides and make a ruling. If the court favors the tenant, he may be allowed to stay in the rental unit. Sometimes, the landlord may be liable for wrongful tenancy termination or right violations.
However, where the court favors the landlord, a writ of possession or restitution will be issued after seven days from the date of the judgment.
If any of the parties are displeased with the resolution of the court, they may appeal to a circuit court or an appellate court within that seven-day timeline. An appeal will be organized within 60 days from the date the appeal was filed.
However, the appeal does not stop the issuance of the writ of possession or restitution, unless the tenant pays to the clerk, all rent due and continues to be due pending the determination of the appeal.
The appellant court reserves the power to determine the final discretion on the issuance of the writ.
In Alabama, the tenant can rely on any of these defenses against the landlord’s claim in the eviction process.
Self-Help Eviction: In Alabama, it is illegal for a landlord to physically drive a tenant out of the rental property, even after he has acquired the writ of possession or restitution. He is not expected to engage in any self-help remedies such as changing locks in the rental, turning off utilities, or any other act intended to frustrate the tenant into moving out. When a landlord resorts to any of these methods, the tenant may use this defense to hinder the eviction process. He may also recover relief arising from any damage or injury caused during the process.
Improper Notice: The eviction notice in Alabama must be strictly filed and served upon the tenant. Where it is improperly served or the landlord didn’t follow the legal procedure, the tenant can rely on it as a defense.
Landlord Failed to Maintain the Rental Unit: According to AL Code § 35-9A-204 (2022), landlords in Alabama are expected to maintain the rental property in a certain kind of way, make necessary repairs, comply with housing and building codes, and so much more. If the landlord fails to comply with the provision of this section, the tenant may use the default to impede the eviction process.
Tenant Paid Rent in Full or Partially: After serving the eviction notice upon the tenant, and such tenant pays the rent in full before the notice period ends, the landlord can not continue the eviction proceeding. Likewise, where the landlord accepts part payment, he forfeits his right to file an eviction lawsuit for that particular late rent. In other words, the acceptance of the partial payment serves as an agreed payment plan between both parties. Where the landlord goes against this agreement, the tenant can use this as a defense.
Discrimination: It is illegal for a landlord to evict a tenant based on sex, ethnicity, religion, marital status, family status, and others. If any landlord indulges in this act, the tenant can use this point as a defense against eviction.
Retaliation: Landlords are not allowed to evict a tenant as retaliation against the legal act committed by the tenant. Examples of these acts are; reporting violations of housing or building codes, joining a tenant’s organization, complaining about a utility failure, etc.
Bankruptcy Filing: In Alabama, a debtor (tenant) who files for bankruptcy under Chapter 7 of the Bankruptcy Code, will be protected against eviction pending the period the bankruptcy case is settled under the law.
Illegal Lease Clauses: A tenant may rely on the fact that the lease agreement contains illegal terms which made it difficult or impossible for him to comply with the provision of the agreement.
If the court rules in favor of the landlord and no appeal is issued, the court will issue a writ of restitution or possession seven days after the court judgment.
The writ of restitution is a court order directing the Sheriff to put the landlord in possession of the rental property.
This serves as a final notice to the tenant to leave the rental property or be forcibly led out.
However, the issuance of the writ still doesn’t give the landlord the right to physically force the tenant out. He must rather act through the Sheriff.
If the tenant fails to leave the rental within seven days from the court’s judgment, the landlord can submit the writ to the sheriff for execution.
The Sheriff is expected to serve the writ to the tenant by posting it at the front entrance of the tenant’s premises.
Alabama eviction laws do not specify the timeline for the execution of the writ after the Sheriff has served the writ to the tenant. However, it can take from 24 hours to a few days, depending on how the sheriff deems it fit.
If the tenant remains in the property after this, he may be forcibly led out by the sheriff.
After the eviction, if the tenant leaves his personal property in the rental, the landlord is expected to store the property for 14 days. Also, sufficient notice must be given to the tenant to retrieve it. If the tenants fail to retrieve it after 14 days, the landlord can sell or dispose of it.
