Need to remove a tenant but don’t know where to start? Follow this clear, step‑by‑step plan and stay on the right side of Alabama law.
Step 1: Identify the Legal Reason for Eviction
The first thing you must do is pin down why you’re seeking possession. Alabama law only allows eviction for specific breaches such as unpaid rent, a material lease violation, or the natural end of a month‑to‑month tenancy.
Common reasons include:
- Non‑payment of rent (the most frequent cause).
- Repeated lease violations, for example, unauthorized pets or illegal activity.
- The expiration of a periodic lease when you give proper notice.
Write down the exact clause you’re invoking. Having the reason in writing helps you draft the notice later and gives you a solid fact pattern for court.
Keep a folder of lease copies, payment ledgers, and any written complaints. If the tenant disputes the claim, you’ll need that paper trail.
And remember: self‑help tactics like changing locks or shutting off utilities are illegal in Alabama and can expose you to damages.
Step 2: Serve the Correct Written Notice
Once you know the reason, you must deliver a written notice that meets statutory language and timing. For non‑payment or a curable violation, Alabama requires a seven‑business‑day notice under § 35‑9A‑421(b). The notice must state the amount owed or describe the breach, and it must give the tenant at least seven business days to cure or vacate.
If you’re ending a month‑to‑month tenancy with no cause, the law asks for a 30‑day written notice under § 35‑9A‑441. Week‑to‑week tenancies need only seven days.
The notice can be mailed, hand‑delivered, or posted on the door if the tenant cannot be reached. The lease may specify a preferred method, but the notice must be in writing and signed.
Use the applicable statutory requirements when preparing the notice, including the required notice period.
After you serve the notice, keep a copy and any proof of delivery, certified‑mail receipt, a photo of the posted notice, or a signed acknowledgment from the tenant.
Step 3: File an Unlawful Detainer Case in the Correct Alabama Court
If the tenant does not cure the breach within the notice window, you move to the courtroom. The proper venue is the district court in the county where the rental property sits. In Huntsville, that means filing in the district court serving the property’s county.
Start by completing the Statement of Claim, Unlawful Detainer (Form C‑60). The form asks for the property address, the legal reason for eviction, and a copy of the notice you served.
Pay the applicable filing fee, which varies by county. The clerk will assign a case number and schedule a hearing, typically 7‑10 days after filing.
When the court issues a summons, it must be served on the tenant. Service can be done by the sheriff, a constable, or a professional process server. If personal service fails, Alabama permits substitute service by posting the summons on the door and mailing a copy the same day.
Gather all supporting documents, lease, payment records, the original notice, and any correspondence, so you can present them at the hearing.
Step 4: Prepare for the Tenant’s Answer, Hearing, and Judgment
After the summons is served, the tenant has seven days to file an answer. They may contest the eviction, raise defenses such as improper notice, or claim retaliation under § 35‑9A‑501.
Read the tenant’s answer carefully. If they admit the facts, you can move straight to a default judgment request. If they raise a defense, be ready to rebut it with your documentation.
At the hearing, both sides can present evidence. Bring copies of the lease, payment logs, photos of any damage, and the notice you served. A judge will ask you to explain why the tenant should be removed.
If the judge rules in your favor, you’ll receive a judgment of possession. The judgment includes a 7‑day automatic stay, during which the tenant can appeal. If they appeal but fail to pay rent into court, the writ of possession can still be issued.
Document the hearing outcome, note the judgment date, the appeal deadline, and whether the tenant paid rent into court. This record will be needed when you request the writ of possession.
Step 5: Enforce the Possession Order Lawfully and Close Out the Tenancy
Winning a judgment does not instantly give you the keys. You must first obtain a writ of possession from the court. The writ authorizes the sheriff to remove the tenant and return the unit to you.
After the 7‑day stay ends, file a request for the writ. The sheriff’s office will schedule a lockout, usually within 7‑10 days of issuance. Coordinate with the sheriff to confirm the date and provide any necessary access information.
Do not attempt a lockout on your own. Alabama law shields sheriffs from liability when they execute a valid writ, but it also protects landlords who try to bypass the process. Any self‑help action can lead to a claim for up to three months’ rent plus attorney fees.
When the sheriff removes the tenant, inspect the property immediately. Take photos, note any damage, and compare them to the move‑in checklist. This documentation helps you claim any lawful deductions from the security deposit.
Finally, update your records, close out the rental account, and, if you use a property‑management service, let them know the unit is ready for a new tenant. Southern Harbor Properties explains how to handle post‑eviction turnover efficiently.
FAQ
Can I evict a tenant for a broken lease without giving notice?
No. Alabama requires a written notice that gives the tenant a chance to cure the breach or vacate, unless the breach is non‑curable such as illegal activity.
How many days does a tenant have to answer an eviction complaint?
The tenant must file an answer within seven days of being served with the summons and complaint.
What if the tenant claims the notice was improper?
You need to show proof of delivery, certified‑mail receipt, a photo of a posted notice, or a signed acknowledgment. Proper proof usually defeats the claim.
Do I have to go to court if the tenant moves out after the notice?
If the tenant vacates before the filing deadline and returns the keys, you can skip the court filing. Keep a written receipt of the move‑out and a final walk‑through report.
Can a military service member stop an eviction?
Military service may affect eviction proceedings under applicable law.
How long does the sheriff have to carry out a writ of possession?
Once the writ is issued, the sheriff typically schedules the lockout within 7‑10 days, but the exact timing varies by county.
Conclusion
Follow these five steps to protect your rights and avoid costly missteps when you need to evict a tenant in Alabama. If you’re ready to start, contact Southern Harbor Properties for professional guidance and a smooth turnover.