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The Eviction Resources Alabama Eviction ProcessThe #1 Alabama Eviction Source on the Internet Alabama Eviction Process | Alabama Eviction Notice |
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In Alabama, you can terminate a lease at the end of the lease for any or no reason (you must give the amount of notice that the lease states). For lease violations or for non-payment of rent, you can terminate the lease at any time.
Civil Eviction in Alabama is called “Unlawful Detainer.” It is governed by the Alabama Uniform Residential Landlord and Tenant Act of 2007. Here are the steps to evict a tenant for Unlawful Detainer:
1. If you are evicting for non-payment of rent, give the tenant an Alabama Eviction Notice that gives them 7 days pay the rent or to vacate the property. If you are evicting for some other lease violation, you must give them an Alabama Eviction Notice giving them 14 days to fix the problem or vacate.
2. It is good to hand-deliver the form, AND send it certified mail. Keep a copy of it… you will need this later on!
3. If the tenant does not leave, you then file the complaint against them for “Unlawful Detainer.” Get this complaint from the court that handles evictions for the area where your property sits.
4. Once served with the lawsuit, the tenant will have 7 days to file a written objection.
5. If they do not file a written objection, you win the case and can have the sheriff remove the tenant.
6. If they do file a written objection, then you must show up for your court date and ask the judge to grant the eviction. You will have to claim that rent was not paid (or other lease violation was not cured), and prove that you gave proper notice (by showing a copy of the 7 day notice you gave the tenant).
When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.
If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.
If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.
This site strives to have the most current information on state eviction laws and forms, however, legislatures and judges' rulings are always changing the laws. The information on this site is to be used as a guide, and is not to be used as legal advice, or as a substitute for the advice of an attorney. If you believe any information on this site is incorrect or needs to be updated, please Contact Us immediately.







