Eviction Law in Alabama
Many tenants in Alabama assume they have no legal protection once their landlord starts the eviction process, but that’s not true. State law outlines very specific steps a landlord must take before they can legally remove you from the property. If those steps aren’t followed correctly, the case may be dismissed.
A mistake or delay in your response can cost you your housing. But the good news is, tenants who seek legal help early are often able to negotiate more time, challenge the eviction, or even avoid it entirely.
Don’t wait until it’s too late. Read on to learn how Alabama eviction law works—and how to protect your rights as a tenant. If you need help, we can connect you with a qualified attorney in your area.
What Is an Eviction?
An eviction doesn’t happen overnight. In Alabama, most eviction cases begin with a formal notice, often tied to missed rent payments or a breach of the lease agreement.
But even when a tenant is clearly in the wrong, the eviction process can be time-consuming and expensive. Alabama law includes specific tenant protections, which means landlords must follow proper procedures.
It’s also important to understand that receiving an eviction notice doesn’t always mean the tenant will be removed. In many cases, the notice acts as a final warning. If the tenant catches up on rent or corrects the lease violation within the required timeframe, the eviction process may come to a halt.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
In Alabama, landlords have solid legal grounds to pursue eviction when a tenant consistently fails to pay rent on time. While some states offer a grace period for late payments, Alabama law is clear—rent is considered late the day after its due, unless the lease agreement says otherwise. If a tenant repeatedly pays late or stops paying altogether, the property owner has the right to begin the eviction process.
That said, if the lease includes a grace period, landlords must honor it. Alabama does not provide a statutory grace period by default, so the language of the lease matters. If the lease gives the tenant three or five extra days to pay rent before it’s considered late, those terms are enforceable.
To strengthen your position in an eviction proceeding, it’s best practice to document each missed or late rent payment. Always issue written “late rent” notices and keep copies for your records. These notices serve as evidence of the tenant’s ongoing noncompliance and can be critical if the matter escalates to a formal eviction hearing.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease agreement is more than just a formality—it’s a binding legal contract. When a tenant violates any of the terms, that breach may justify eviction under Alabama law.
For instance, if the lease prohibits additional occupants and the tenant allows someone to move in without permission, the landlord has the right to issue a notice and begin the eviction process. Other common violations include unauthorized pets, property damage, or illegal activity on the premises.
That contract cuts both ways. Just as tenants must honor the terms of the lease, Alabama landlords are legally obligated to do the same. If the lease promises certain repairs or ongoing maintenance, the landlord must fulfill those duties.
The Tenant Damages the Property
Normal wear and tear is expected in any rental—scuffed floors, faded paint, or worn carpet are part of everyday living. But when a tenant goes beyond that and causes serious damage, such as punching holes in the walls, breaking fixtures, or destroying windows, the situation changes. In Alabama, willful or negligent property damage may give a landlord valid grounds to start the eviction process.
That said, minor issues or tenant-led repairs that don’t fundamentally alter the property likely won’t meet the threshold for eviction. If a tenant replaces a door handle or paints a wall without permission but doesn’t damage the home, eviction may not hold up in court.
The Tenant Uses the Property for Illegal Purposes
Using a rental property for criminal activity—such as drug sales, illegal weapons storage, or other unlawful conduct—can immediately put a tenant in violation of their lease. In Alabama, this type of activity is strong legal ground for eviction. In some cases, notifying law enforcement may also lead to separate criminal charges.
However, landlords need more than just suspicion to take action. If police reports, witness statements, or other evidence can show illegal use of the property, those records will be valuable if the case goes to court. Without documentation, it may be harder to prove the lease violation and secure an eviction.
How to Evict a Tenant in Alabama
Step 1. Check Your Local Laws
Eviction laws can vary widely depending on where you live, and Alabama is no exception. In some cases, local ordinances may also come into play. That’s why it’s essential to understand both state and local regulations before you move forward with an eviction. Landlords must be sure they have a lawful reason to remove a tenant—otherwise, they risk having the case dismissed.
Alabama follows the Uniform Residential Landlord and Tenant Act, which lays out specific rules for eviction. If a tenant fails to comply with the lease—whether by not paying rent or violating other terms—the landlord may issue a written notice. From there, the tenant has seven calendar days to correct the issue or face formal legal proceedings.
Once a judge rules in favor of the landlord, the tenant’s timeline to act is short. They have only seven days to file an appeal. To do so, the tenant must pay all past-due rent to the court clerk. If they fail to pay that amount, they typically lose the right to remain on the property while the appeal is pending.
Step 2. Give a Formal Notice of Eviction
When a tenant continues to violate the lease despite multiple warnings or chances to correct the issue, the next step is to issue a formal eviction notice. This notice serves as the final opportunity for the tenant to fix the problem—whether it’s unpaid rent, unauthorized occupants, or another lease violation. It also creates a legal paper trail showing that the landlord gave the tenant a chance to comply before filing in court.
The notice must clearly state what the tenant did wrong and give a specific deadline to either fix the issue or vacate the property. For nonpayment, that includes the total amount owed and a date by which it must be paid to avoid further legal action.
Alabama law provides two acceptable methods for serving an eviction notice. The most direct approach is to have a sheriff’s deputy or private process server deliver it in person to the tenant. But when personal delivery isn’t possible, landlords are allowed to post the notice in a visible location on the rental unit—typically on the front door.
If you choose to post the notice, you must also mail a copy to the tenant at the property address. This dual-service requirement helps ensure that the tenant receives the notice and that the court process moves forward without challenge. The Alabama Judicial System website offers downloadable versions of these notices if you need an official form.
Step 3. File the Eviction with the Court
If the tenant doesn’t comply with the eviction notice within the required timeframe, the next step is to file a formal eviction complaint in court. In Alabama, these cases are typically handled by the district court in the county where the rental property is located.
Once filed, the court will schedule a hearing and issue a summons to notify the tenant of the date. Under Alabama law, eviction cases are given priority on the court’s calendar, meaning they often move faster than other civil matters.
After the judge hears both sides and makes a decision, either party has the right to appeal. Appeals are filed with the circuit court in the same county.
Step 4. Contact an Experienced Alabama Eviction Attorney and Prepare for the Hearing
Before your hearing date, it’s wise to consult with an experienced Alabama eviction attorney. A lawyer can review your case, ensure your paperwork is in order, and help you avoid procedural missteps that could delay or derail the eviction process. With the proper legal support, you’ll be better prepared to present a clear and well-documented case in front of the judge.
When you appear in court, bring the following documents with you:
- A signed copy of the lease agreement
- A full payment ledger showing rent received and outstanding balances
- Copies of bounced or returned checks, if applicable
- A record of all written communications with the tenant
- A copy of the eviction notice you served
- Proof of service (showing how and when the notice was delivered)
Step 5. Evict the Tenant
If the court rules in your favor, the tenant will be ordered to leave the property. In Alabama, they typically have seven days to move out, though in some cases the court may allow a shorter window. If the tenant refuses to vacate by the deadline, you can request assistance from local law enforcement. Only a sheriff or authorized officer can carry out a physical eviction—landlords cannot change the locks or remove a tenant’s belongings on their own.
It’s important to follow legal procedures during this phase. Attempting to force the tenant out without a court order or proper coordination with authorities can expose you to liability and stall the process further. Be patient, and let the legal system handle the final step.
Step 6. Collect Past-Due Rent Payments
Winning the eviction doesn’t always mean recovering the rent you’re owed. If your former tenant still has an unpaid balance, you may need to take additional steps to collect what’s due. Depending on the amount and the tenant’s financial situation, there are several legal methods to pursue recovery:
- File a small claims case for unpaid rent, if the amount is within Alabama’s jurisdictional limits
- Seek a civil judgment to potentially garnish the tenant’s wages
- Work with a collections agency to track down and collect the debt
- Garnish state tax refunds if allowed under applicable laws and procedures
While collecting unpaid rent can be a challenge, a court judgment gives you a better chance of recovering the funds over time.
Work with an Experienced Eviction Attorney in Alabama
Having a qualified Alabama attorney on your side can take the pressure off your back, and help ensure a court victory. We can even help you connect with an attorney across Alabama state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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