Guide for Eviction Laws for Landlords in Alabama

Eviction Laws for Landlords in Alabama: Evictions are never pleasant, but when you’re a landlord in Alabama, understanding and following the legal process is crucial. Whether your tenant hasn’t paid rent in months or is causing disturbances that violate the lease, you can’t simply ask them to leave—you must follow Alabama’s landlord-tenant law carefully to protect yourself from legal repercussions.

In 2025, the rules governing landlord and tenant relationships in Alabama are still primarily dictated by the Alabama Uniform Residential Landlord and Tenant Act (URLTA). This law outlines clear procedures for evictions, notice requirements, court filings, and possession recovery. Let’s explore the complete eviction process step-by-step, and examine a real-life example from the Alabama court system to better understand how to handle these situations legally and effectively.

Who Can Be Evicted in Alabama?

Any tenant who has signed a lease—written or oral—or is occupying the premises with your permission can be evicted for violating lease terms. Common reasons for eviction in Alabama include:

• Non-payment of rent
• Breach of lease conditions
• Refusal to vacate after lease expiration
• Criminal or dangerous behavior
• Excessive property damage
• Unauthorized occupants or pets

Under Alabama law, eviction is referred to legally as an “unlawful detainer action,” and must be handled through the district court system.

Step-by-Step Legal Eviction Process in Alabama – 2025

1. Serve the Appropriate Written Notice

Before going to court, you must serve your tenant a legally valid notice of termination. This document tells the tenant what they’ve done wrong and gives them a chance to fix the problem—or vacate.

Here are the main notice types in Alabama as of 2025:

• 7-Day Notice to Pay Rent or Quit
  For tenants who have not paid rent. If they pay within seven calendar days, the eviction stops.
• 7-Day Notice to Cure or Quit
  Used for lease violations like pet bans or excessive noise. The tenant has 7 days to fix the issue.
• 7-Day Unconditional Quit Notice
  This applies in extreme cases such as repeat violations, illegal activity, or threats to health/safety. No chance to “cure”—they must leave.
• 30-Day Notice to Terminate Tenancy
  For ending a month-to-month tenancy without a specific cause. No violation needed, just a 30-day written notice.

Important Note: You must serve the notice in person, leave it at the residence, or send it via certified mail. Emails and texts are not acceptable.

2. Wait Out the Notice Period

Once the notice is served, you must wait the full 7 or 30 days, depending on the notice type. You cannot file in court before this period ends.

If the tenant fixes the violation or pays rent during this window (for cureable notices), the eviction process must stop. If they do not, you can move to the next step.

3. File an Unlawful Detainer Lawsuit

When the notice expires and the tenant hasn’t vacated or resolved the issue, the landlord must file a “Complaint for Unlawful Detainer” at the District Court in the county where the property is located.

What you’ll need to file:

• Copy of the lease agreement (if applicable)
• Proof of notice delivery
• Documentation of unpaid rent or violations
• Filing fee (typically $250–$300)

The court will then issue a summons, which the tenant must be served either in person or by sheriff. The tenant then has 7 business days to respond.

4. Court Hearing and Judgment

If the tenant contests the eviction (for example, claiming rent was paid or repairs weren’t made), the court schedules a hearing. Both parties must appear and present evidence.

Bring the following to court:

• Lease contract
• Rent payment history
• Photos of any damage or lease violations
• Communications with the tenant
• Witnesses if needed (e.g., neighbors, repairmen)

If the judge rules in your favor, you will receive a judgment for possession, which gives you legal authority to evict the tenant.

5. Writ of Possession – The Final Step

Winning in court doesn’t immediately grant you possession. You must request a writ of possession, which authorizes the sheriff to physically remove the tenant if they haven’t left voluntarily.

The sheriff will give the tenant 7 days to vacate. If they don’t, the sheriff can forcibly remove them and restore possession to you.

Never attempt to remove a tenant yourself. Lockouts, cutting off utilities, or removing personal belongings without court permission are illegal and could expose you to lawsuits.

What Happens to the Tenant’s Belongings?

If a tenant leaves belongings behind, Alabama law requires that you:

• Store the items for 14 days
• Provide written notice that the items must be claimed
• Allow the tenant to retrieve the items at reasonable times

If unclaimed after 14 days, you may dispose of or sell the items. Document everything to avoid disputes.

Real-Life Case Study: Eviction in Birmingham, AL (2025)

Landlord: Curtis Franklin
Tenant: Jasmine Green
Location: Southside Birmingham
Issue: Non-payment of rent for three months + unauthorized roommate

Curtis served a 7-Day Pay or Quit Notice to Jasmine after she missed her third rent payment in a row. She did not respond. He waited the required seven days and then filed a complaint in Jefferson County District Court.

Jasmine tried to argue in court that she withheld rent because the heat was malfunctioning, but Curtis provided evidence of completed maintenance orders and text messages showing the unit had been repaired within 48 hours of her initial complaint.

The court sided with Curtis and granted a judgment for possession. Jasmine was given seven days to vacate. After she failed to do so, a writ of possession was issued, and the sheriff completed the eviction within three days.

Key Takeaways:

• Always maintain communication records
• Respond to maintenance requests promptly
• Document every notice and repair, even minor ones
• Never skip any legal steps—Curtis’s patience protected him from liability

Tips to Avoid Eviction Pitfalls in Alabama (2025)

1. Always Use a Written Lease

Oral agreements are hard to enforce. A written lease protects both parties and provides clarity on rent, rules, and penalties.

2. Keep Detailed Records

Maintain a rent ledger, copies of communication, notices served, and documentation of lease violations. These are critical in court.

3. Serve Legal Notices Properly

Incorrect or improperly served notices are the most common reason evictions are dismissed. Use certified mail or in-person delivery.

4. Don’t Skip Steps

No matter how difficult a tenant is, do not attempt to remove them without court permission. Self-help evictions are illegal and expensive in the long run.

5. Understand Habitability Rules

Tenants can claim habitability defenses if the property has significant maintenance issues. Make repairs timely and keep proof of every request and fix.

Special Considerations for Landlords in 2025

Winter Evictions

Alabama has no formal winter eviction ban, but judges may show leniency during extreme cold conditions. Expect possible delays in sheriff enforcement during the holidays or adverse weather.

Female Landlords and Safety

Female landlords—especially solo property owners—should be aware of potential safety risks during in-person notices or inspections. Use third-party servers or property managers when possible. Report threats or harassment promptly.

Eviction Mediation Programs

In 2025, several Alabama counties—including Madison and Mobile—offer free mediation between landlords and tenants before trial. Consider this if you want to avoid a court battle. These services are often quicker, and judgments can still be enforced if signed by a judge.

Post-Eviction Considerations: What Landlords Can and Can’t Do

• Can You Withhold Security Deposit?
  Yes, for unpaid rent or damages—but you must provide an itemized list within 60 days of move-out.
• Can You Report to Credit Bureaus?
  Yes, judgments for unpaid rent can appear on credit reports. Use professional debt collection agencies if necessary.
• Can You Rent the Unit Immediately?
  Yes, but ensure the unit is legally vacated with a sheriff’s writ and the tenant’s belongings are removed properly.

Final Thoughts

Eviction isn’t just about regaining your property—it’s a legal procedure that must be followed to the letter under Alabama law. One wrong step can cost you time, money, or even trigger a tenant lawsuit.

But when handled correctly, Alabama’s landlord-tenant laws offer clear, efficient protections for property owners. Whether you’re facing a non-paying tenant or ongoing lease violations, the 2025 legal framework ensures your rights are upheld—so long as you follow the correct process.

By preparing ahead, documenting everything, and avoiding shortcuts, Alabama landlords can navigate even the most difficult evictions confidently and legally.