An Alabama eviction notice is an official document sent by a landlord to notify a tenant of their lease agreement violation and possible eviction. It must be written in accordance with Alabama housing laws and provide the tenant with a specified amount of time to fix the breach or vacate the premises.
If a tenant fails to respond to an eviction notice, the landlord may file an eviction lawsuit in the county judicial court under the uniform residential landlord and tenant act.
Alabama Eviction Notice: by Type (3)
The Alabama 7-Day Notice to Quit (Non-Payment of Rent) is submitted to a tenant who owes rent and gives them 7 days to pay or leave the property.
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An Alabama 7-day Notice to Quit (Non-Compliance) is sent to notify a tenant of a lease violation not related to rent payment and give them 7 days to cure it or move out.
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An Alabama 30-Day Notice to Quit is a document sent by a landlord or tenant to terminate a month-to-month rental agreement. It gives the reader 30 days’ notice before the termination date.
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The Eviction Process in Alabama
The eviction process in Alabama is guided by the Uniform Residential Landlord and Tenant Act. It involves the following steps:
Step 1: Sending an Eviction Notice
The landlord, their agent, or attorney first serves the tenant with an official eviction notice, whose type will depend on the type of violation.
Step 2: Receiving a Response
Once the notice is sent, the landlord waits for the tenant to respond within the state-allotted time. Alabama laws do not provide a grace period of late rent payment, but tenants have 7 days to respond to a non-rent related notice.
Step 3: Filing a Legal Action
If the tenant fails to respond within the timeline and continues to reside on the property, the landlord files a Statement of Claim with the Judicial Court in the county where the property is located. This may cost $256 in filing fees.
Step 4: Serving the Tenant
The landlord then serves the complaint on the tenant either through a private process server, First Class Certified Mail, or the Sherriff’s office. The tenant must then respond within 7 days.
Step 5: Attending the Hearing
The judge sets a court date upon the filing of the necessary documents. Both parties attend the hearing and argue their cases. Once both sides are heard, the judge rules on the matter. A tenant has 7 days to appeal a ruling in the landlord’s favor but must vacate the property after the appeal window closes.
Step 6: Evicting the Tenant
If the tenant’s appeal is unsuccessful or they refrain from appealing, the court issues the landlord with a Writ of Possession, which is presented to the local sheriff to permit them to evict the tenant. The landlord only contacts the sheriff if, after the allotted time, the tenant fails to move out.
Related Eviction Court Forms in Alabama
The following court forms are filled out by tenants, landlords, and government officials during the eviction process in Alabama:
- Statement of Claim (Form C-59) – This Unlawful Detainer form is filled out by the landlord and their attorney to detail to reason for the eviction and filed in a county courthouse.
- Notice of Forcible Entry and Detainer (Form C-60) – This is the official legal action notice containing the complaint that is served to the tenant.
- Answer (Form PS-01) – The tenant files this form to either confirm or deny the claims in the complaint.
- Writ of Restitution or Possession (Form C-59A) – This form gives the sheriff permission to remove an evicted tenant from a landlord’s property.
How to Write a Notice to Quit
The following step by step guide should help you draft an effective Alabama Eviction Notice:
- Step 1: Locate the original lease agreement, which you will refer to when drafting your notice.
- Step 2: From the agreement, note down the lease dates, tenant’s name, and property address.
- Step 3: Indicate the current date, your address, and a subject line explaining your reason for writing, e.g., ‘Pay or Vacate Notice.’
- Step 4: Mention the violation in the first paragraph and quote the clause in the original lease agreement covering the breach.
- Step 5: Indicate whether the violation is curable or incurable.
- Step 6: If curable, provide the tenant with the state-mandated time to cure it.
- Step 7: Issue the eviction notice (to take effect upon non-compliance by the deadline).
- Step 8: Insert your contact information.
- Step 9: Close with your name and signature.
- Step 10: Upon delivery, sign the certificate of service.
Note: The certificate of service is an oath signed by the landlord to indicate when, how, and where the notice was delivered. An eviction notice in Alabama should be delivered to the tenant either by hand or through a private service company or Certified Mail.
Alabama Eviction Notice Formats
7-Day Notice to Quit (Non-Payment of Rent)
Notice Format
First Paragraph: {Supply the tenant’s name, property address, and lease dates. Next, mention the due rent, provide a dollar amount, and the rental period}.
Second Paragraph: {Explain whether the tenant may pay the due rent, include a method of payment, and mention they have 7 days to complete the payment}.
Final Paragraph: {Mention the possibility of eviction if the tenant fails to pay by the deadline. Provide your contact information}.
Certificate of Service: {Enter the delivery date and method, and authenticate it with your signature}.
7-Day Notice to Quit (Non-Compliance)
Notice Format
First Paragraph: {Mention the tenant’s name, landlord’s name, property address, and lease dates. Briefly state the nature of the violation}.
Second Paragraph: {Quote the clause in the lease that refers to the violation. State whether the breach is curable or incurable. If curable, mention that the tenant has 7 days to fix the problem}.
Final Paragraph: {Clearly state that the tenant may be evicted if they don’t fix the problem by the deadline. Provide your contact information}.
Certificate of Service: {Enter the delivery date and method, and close with your signature}.
30-Day Notice to Quit (Month-to-Month Lease Termination)
Notice Format
Locate the original lease agreement and draft your notice as follows:
First Paragraph: {Mention the tenant’s name, landlord’s name, property address, and lease dates}.
Second Paragraph: {State your intention to terminate the lease in 30 days and provide an effective date. If applicable, explain your reason for canceling the lease}.
Closing: {Close with your name and signature}.
If you do not serve a tenant with a notice, you cannot begin the eviction process. Alabama laws give tenants the right to receive an eviction notice and a specified number of days to cure the violation. A legal Alabama Eviction Notice must identify why a tenant is being evicted and the number of days they have to fix the violation or leave the property.
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