What is the eviction process in Alabama?

Alabama eviction is governed by the Alabama Uniform Residential Landlord and Tenant Act (AURLTA), Ala. Code Title 35, Chapter 9A.

1. Notice

Nonpayment: 7-day notice to pay or vacate (Ala. Code § 35-9A-421(b)). Tenant may cure by paying within 7 days.

Material noncompliance: 14-day notice to cure (§ 35-9A-421(a)). Lease terminates 30 days from notice if not cured. Repeat breach within 12 months — no cure right (§ 35-9A-421(a)).

Health/safety hazard or threat: 7-day notice (§ 35-9A-421(c)).

Month-to-month termination: 30 days written notice (§ 35-9A-441).

2. Filing the Unlawful Detainer

Landlord files an Unlawful Detainer Complaint in the District Court of the county where the property sits. Filing fee is approximately $248 in district court, with optional small claims procedure for some claims.

3. Service

Sheriff or process server serves the tenant. Service must be at least 6 days before required answer date.

4. Tenant Answer

Tenant has 7 days from service to file an answer (Ala. Code § 6-6-332). Tenant may also file a counterclaim.

5. Trial

If tenant answers, court sets a trial within 14-30 days. Either party may demand a jury. Tenant may pay all rent and costs before judgment to dismiss in nonpayment cases.

6. Judgment and Appeal

If landlord wins, court enters judgment for possession. Either party may appeal to Circuit Court within 7 days by posting bond (Ala. Code § 6-6-350). Tenant in possession must post double the monthly rent as bond to retain possession during appeal.

7. Writ of Possession

If no appeal, writ of possession issues 7 days after judgment. Sheriff serves writ and conducts the lockout.

8. Tenant Defenses

Landlord's failure to maintain habitability (Ala. Code § 35-9A-204), retaliation (§ 35-9A-501), illegal lockout (§ 35-9A-407 — actual damages or three months' rent, whichever is greater), security deposit violations (§ 35-9A-201), and improper notice.

This is legal information, not legal advice.