Learn the basics of beginning an Alabama eviction with this summary of notices, tenancy violations, and procedures.
The first step in the Alabama eviction process requires a landlord to have a lawful reason to terminate the lease agreement or tenancy. The state of Alabama has essentially outlined the following as lawful reasons to end a relationship with a tenant:
Once the reason has been determined, the applicable notice must be provided to the tenant.
Here are the following three types of preliminary eviction notices generally used in Alabama. Each are categorized by the type of tenant violation.
Nonpayment of RentAlabama 7 Day Notice to Pay or Quit: If the tenant fails to pay rent when it is due, the landlord can give the tenant a seven day notice to bring the outstanding rent current. The notice informs the tenant that rent must either be paid or they must move out within seven days. If they don’t comply, the notice terminates the tenancy and the landlord may file an eviction lawsuit. If the tenant pays the rent in time, the landlord will not be able to file a lawsuit because the court would dismiss it. (Ala. Code § 35-9A-421(b).)
Alabama landlords may use this notice to terminate a month-to-month tenancy. This is a single page PDF document that can be printed and delivered to…
Curable Tenant ViolationsAlabama 7 Day Notice to Cure or Quit: If the tenant violates the lease agreement or tenancy other than for nonpayment of rent (unauthorized pets, abandoned vehicles, etc.), the landlord can give the tenant a seven day notice to correct the violation. This notice informs the tenant that they must remedy the violation or move out. If the tenant does neither, the notice terminates the tenancy and the landlord may then file an eviction lawsuit to have the tenant forcibly removed. If the tenant corrects the violation in time, the landlord will not be able to proceed with the eviction. (Ala. Code 35-9A-421(a).)
Alabama landlords may use this notice to terminate a month-to-month tenancy. This is a single page PDF document that can be printed and delivered to…
Incurable Tenant ViolationsAlabama 7 Day Notice to Quit: If the tenant violates the lease agreement or tenancy in a manner that Alabama law does not provide for a chance to fix or correct the problem, the landlord has the right to terminate tenancy with a 7 day notice to quit. This type of notice informs the tenant of the incurable violation and demands that the tenant surrender the premises and move out within 7 days. If the tenant does not move, the landlord may file an eviction lawsuit to have them forcibly removed. Here is a list of common incurable violations (Ala. Code § 35-9A-421.):
Alabama landlords may use this notice to terminate a month-to-month tenancy. This is a single page PDF document that can be printed and delivered to…
After the landlord has selected the proper eviction notice, they must deliver the notice to the tenant using one of the following methods:
The landlord should retain a copy of the notice and record the date and delivery method used when serving the notice. If the landlord served the notice to an adult occupant or guest, the name of the person who received the notice should be documented. It’s important to record the service of process because this information will be needed the landlord needs to file an eviction lawsuit with the local court.
If a landlord does not have a lawful reason to terminate tenancy early, the landlord must wait until the lease or rental agreement term has expired. For month-to-month rental agreements, the landlord may use the following form to terminate before the next monthly payment is due:
Month-to-Month TerminationThis Alabama 30 Day Notice to Terminate Month-to-Month Tenancy is not intended for any particular violation, it is used to inform the tenant that the landlord does not wish to renew for the following 30 days.
Alabama landlords may use this notice to terminate a month-to-month tenancy. This is a single page PDF document that can be printed and delivered to…