Alabama Eviction Process Form

Alabama-based landlords can refer to the instructions in this form if they wish to evict a tenant for valid reasons such as breaking a lease agreement and other undesirable behaviors/actions.

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In  the  state  of  Alabama,  a  landlord  may  give  notice  of  eviction  for  any  reason whatsoever. You can pay your rent on time, be quiet and keep your area clean, but even then your landlord can evict you. If you had a verbal agreement, the landlord is  only  required  to  give  you  one  rental  period's  notice.  If  you  have  written  terms, then  the  landlord  must  give  you  a  notice  that  does  not  compromise  the  written agreement.  But  once  the  written  lease  is  up,  the  landlord  can  kick  you  out.  Also,  if you  fail  to  make  a  payment,  the  landlord  can  immediately  begin  the  eviction process.  1. Types of eviction o There are two types of eviction notices a landlord can give you in the state of Alabama. They are unlawful detainer and failure to vacate. The notice must be given in writing as proof that you were notified to vacate the premises. To insure that they have received the eviction notice, it is recommended that you send certified mail to prove they received the notice. Unlawful Detainer o The landlord must give a three days notice with the unlawful detainer method of eviction. If the resident does not vacate after three days, then the landlord can sue them by filing a claim in their local court. After the resident has received a court summons, the resident is given five days to file an objection through the court. If they do not file an objection and do not move, then the landlord can call the sheriff and have the current resident vacated. If the resident does object to being vacated, a court hearing will be made. Failure to Vacate o A failure to vacate notice can only be given if a tenant has failed to make payment on rent. The tenant must be given a 10-days written notice. If they do not vacate after 10 days, then they can be charged with a misdemeanor. The landlord can then make you appear in court where you will be charged $25 for each additional day you spent in the residence after the 10-day written notice. If the tenant still fails to leave after the court process, then the landlord may contact the sheriff to have them vacated. Other Methods of Eviction o A landlord can't change locks, cancel utilities, move belongings out or use other methods of harassment to move tenants out. These methods of eviction are illegal in the state of Alabama. Property Left on the Premises o In the state of Alabama, any property left in the dwelling becomes the property of the landlord after the tenant has been evicted or has left voluntarily.