Eviction Law in Huntsville, AL

What Is an Eviction?

An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Huntsville, Alabama eviction law can help.

Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a delinquent Huntsville, AL tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.

Under Alabama law, there is no statutory grace period for paying rent. Nevertheless, if a grace period is included in the lease, the landlord must abide by the terms. Alabama had a statewide moratorium on evictions at the beginning of the COVID-19 pandemic. However, there is no current COVID exception to lease agreements in Huntsville.

You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are legally binding contracts. If your tenant violates any terms of the agreement, it may serve as grounds for eviction. For instance, if the lease explicitly prohibits additional occupants and your tenant allows someone else to live in the unit, you can initiate the eviction notice process.

The contract also holds landlords accountable. In , landlords are legally obligated to adhere to the terms outlined in the lease. This includes responsibilities such as completing repairs and performing maintenance as specified in the agreement.

The Tenant Damages the Property

Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds, and intentional destruction of property.

If it’s clear that your tenant is causing severe damage to your property, such as breaking through walls or smashing windows, this may be cause for eviction. However, if your tenant makes repairs themselves, and doesn’t make any major changes to the property, this might not be grounds for eviction.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your Huntsville property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.

However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports could prove helpful.

How to Evict a Tenant In Huntsville, Alabama

If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.

Step 1. Check Your Local Laws

Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified Huntsville, AL attorney can help review your case to determine if you do.

Under Alabama’s Uniform Residential Landlord and Tenant Act, eviction is permissible after any material noncompliance with the rental agreement. Huntsville landlords must give tenants 7 days to pay their rent or move out before filing for eviction. However, the landlord must give 14 days for other types of lease violations. In addition, if the court rules in favor of the landlord, the tenant only has one week to appeal the decision.

Step 2. Give a Formal Notice of Eviction

If you have tried to reason with your tenants and they continue to violate the terms of your lease, you should then provide them with a formal notice of eviction. Your eviction notice will serve as an ultimatum or final warning. It should explain how your tenant is in violation, as well as what they can do to stop the eviction process.

The eviction notice should also include a deadline for the tenant to either pay rent or move out, and the amount that the tenant owes. If you’re unsure of how to create an eviction notice, you can use online templates or seek legal advice.

Madison County does not have a standard notice form that Huntsville landlords must use. However, the Circuit Clerk’s website provides templates for other eviction forms. Under Alabama statute, service of an eviction notice can take place in two different ways. In many cases, the Madison County Sheriff or a process server will hand-deliver the notice directly to the tenant. However, if that is not possible, the law allows a Huntsville landlord to post the notice on the door of the rental property. If a notice is posted, a copy of the notice must also be mailed to the tenant.

Step 3. File the Eviction With the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. The Madison County District Court handles eviction cases in Huntsville. Once the district court issues a judgment, either party can appeal the decision to the Madison County Circuit Court.

Step 4. Contact an Experienced Huntsville, Alabama Eviction Attorney and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:

  • Lease agreements
  • Records of payments
  • Bounced checks
  • Record of communication between you and the tenant
  • Record of the eviction notice
  • Proof that the tenant received the notice

Step 5. Evict the Tenant

If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Huntsville, AL law enforcement to forcibly remove them from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:

Work With an Experienced Eviction Attorney in Huntsville, Alabama

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Huntsville attorney on your side can take the pressure off your back, and help ensure a victory in court. 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. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.

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