What is the eviction process in Alabama?
1. Statutory Framework. Alabama eviction is an Unlawful Detainer action under Ala. Code §§ 6-6-310 to 6-6-353, with the Alabama Uniform Residential Landlord and Tenant Act (AURLTA), Ala. Code §§ 35-9A-101 to 35-9A-603.
2. Pre-Filing Notice. Nonpayment requires a 7-day notice to pay or quit (Ala. Code § 35-9A-421(b)). Material noncompliance requires a 7-day cure period or a 14-day termination if uncured. Non-curable health/safety breaches and repeat violations allow a 7-day unconditional notice. Month-to-month termination requires 30 days under Ala. Code § 35-9A-441.
3. Filing the Complaint. File the Unlawful Detainer Complaint in the district court of the county where the property is located. Filing fee is approximately $251-$308.
4. Tenant Answer / Default. Tenant must answer within 7 days of service (Ala. Code § 35-9A-461). Failure to answer results in default judgment.
5. Hearing. Court sets a trial promptly after answer. Defenses include warranty of habitability (Ala. Code § 35-9A-204), retaliation (§ 35-9A-501), and federal Fair Housing Act discrimination. Tenant may demand jury trial.
6. Writ of Possession. Writ of possession issues after the 7-day appeal window expires (Ala. Code § 35-9A-461(c)). Sheriff executes the writ; appeal to circuit court requires posting bond equal to rent.
7. Self-Help Prohibition. Ala. Code § 35-9A-427 prohibits self-help lockouts and utility shutoffs. Tenants may recover possession or terminate the lease plus three months' rent or actual damages (whichever is greater) and reasonable attorney's fees.
8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.
9. Just-Cause. Alabama has no statewide just-cause and Ala. Code § 11-80-8.1 preempts local rent control.
This is legal information, not legal advice.
- Tenant appeals to circuit court with rent bond and seeks jury trial
- Subsidized or PHA housing eviction with grievance rights
- Tenant has documented warranty of habitability claim with code enforcement record
- Ala. Code §§ 35-9A-101 et seq.
- Ala. Code §§ 6-6-310 et seq.
- 15 U.S.C. § 9058
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.