Eviction Law in Montgomery, AL

Dealing with a nonpaying or noncompliant tenant in Montgomery can be stressful. Even when your reasons for eviction are valid, Alabama law requires you to follow a specific process that protects tenant rights and sets strict procedural rules.

This guide outlines the eviction process in Montgomery from start to finish. Whether the problem is unpaid rent, lease violations, or illegal activity, you will learn how to respond effectively—and lawfully. We will also help you connect with a local attorney who can help you take action.

What Is an Eviction?

Eviction is the legal removal of a tenant from a rental property. In most cases, it results from issues like unpaid rent, property damage, or violations of the lease agreement. Alabama landlords must comply with a detailed legal framework before they can retake possession of the unit.

While eviction notices are serious, they often function as a last opportunity for the tenant to make things right. If the tenant pays what is owed or complies with the lease within the notice period, the eviction may not proceed. That makes it vital to serve notices properly and track all tenant responses.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

Montgomery landlords can start eviction proceedings when a tenant fails to pay rent on time. Alabama law does not require a grace period. However, landlords may include one in the lease, and if so, they must honor it. Any late fees also need to be explicitly outlined in the lease to be enforceable.

State law requires landlords to give tenants at least 7 days’ notice to either pay overdue rent or move out before an eviction case can be filed. During this period, send written late notices and keep all communication on record in case the matter goes to court.

The Tenant Violates the Terms or Conditions of the Lease Agreement

When a tenant breaches the terms of the lease—such as subletting without permission, violating occupancy limits, or creating disturbances—you can initiate eviction. The lease serves as a legal contract, and violations of its terms can justify formal action.

It is important to follow your obligations as a landlord. If you do not meet your responsibilities—like making timely repairs or respecting the tenant’s privacy—it could weaken your case.

The Tenant Damages the Property

Wear and tear is expected in any rental property. However, substantial or intentional damage—like broken doors, smashed appliances, or destruction of property—can be grounds for eviction in Montgomery.

Even if a tenant attempts to repair the damage, the situation may still warrant legal action, especially if the original harm was excessive or repeated.

The Tenant Uses the Property for Illegal Purposes

If a tenant uses your rental unit for illegal purposes—such as drug activity or weapons storage—you have the right to pursue eviction. To move forward, you will need evidence such as police reports, photographs, or credible witness statements.

Without documentation, your claim may not hold up in court. Always gather proof before taking formal steps.

How to Evict a Tenant in Montgomery, 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

Alabama’s Uniform Residential Landlord and Tenant Act governs evictions throughout the state. In Montgomery, landlords must comply with this law or risk case dismissal. For example:

You cannot raise rent during an active lease term.
You cannot retaliate against tenants for reporting health or safety concerns.
You cannot lock out tenants or shut off utilities to force them to leave.

Tenants have 7 days to respond to a complaint for possession and 14 days to respond to any claim for money. Understanding these timeframes is essential when planning your next steps.

Step 2. Give a Formal Notice of Eviction

Montgomery landlords must serve a Notice to Quit before filing for eviction. The required notice period depends on the reason:

7-Day Notice for nonpayment of rent
14-Day Notice for lease violations not related to rent

Your notice must explain the violation, specify the amount owed (if any), and give the tenant a deadline to cure the issue or vacate. If the tenant does not respond, you may file a formal complaint with the court.

Landlords may file an Unlawful Detainer Action to request both possession of the property and monetary damages in the same case. If the tenant fails to respond, you can request a default judgment.

Step 3. File the Eviction with the Court

Once the notice period expires, file your eviction complaint with the Montgomery County District Civil Division, part of the 15th Judicial Circuit Court of Alabama. The court will issue a summons and set a date for the hearing.

Make sure all documentation is in order before filing. Incomplete or incorrect filings can cause delays or result in dismissal.

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

You should hire a Montgomery eviction attorney early in the process. Your attorney will help you build a complete file of evidence and ensure everything is legally sound. Bring the following documents to your court hearing:

A signed lease agreement
Proof of payment history
Copies of any bounced checks
Written communication with the tenant
The eviction notice
Proof of service of the notice

Step 5. Evict the Tenant

If the court rules in your favor, the tenant will receive a short window—typically 48 hours to a week—to leave the property. If they do not comply, contact the Montgomery County Sheriff’s Office to schedule a physical eviction.

Do not attempt to remove the tenant yourself. Only law enforcement is authorized to perform evictions in Alabama.

Step 6. Collect Past-Due Rent Payments

Winning your case does not automatically result in payment. You may still need to collect what is owed. Common options include:

Hiring a debt collection agency
Garnishing wages
Garnishing state or federal tax returns
Filing a small claims action for money owed

Work with an Experienced Eviction Attorney in Montgomery, Alabama

Tenants who receive eviction notices often look for errors they can challenge. To protect your rights and strengthen your case, work with a skilled Montgomery attorney who knows the local process.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! We can even help you connect with an attorney across Alabama state lines.

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.