Skip to main content

[AL] How can an elderly homeowner evict non-paying houseguests without a lease?

Dad is 93 and has poor eyesight. He let two women live in a room in his house for the last couple of years for company. They never paid rent and have stolen thousands from him. We’re in Alabama. He asked me, his daughter, to help evict them. I found a form, but I’m confused about the process.

20

7

Legal Eagle
Legal Eagle

128,690 satisfied customers

View context
Solved

You can deliver the notice on his behalf, but you can’t represent him in court. Even without rent or a written lease, this is treated as a tenancy (Ala. Code § 35-9A-102(14)). A written notice of non-renewal is required (Ala. Code § 35-9A-441(b)). You can give it personally, post it on the door, and mail a copy (Ala. Code § 35-9A-141). After the notice period, eviction goes through court if they don’t leave.

0

Full Conversation


Dad is 93 and has poor eyesight. He let two women live in a room in his house for the last couple of years for company. They never paid rent and have stolen thousands from him. We’re in Alabama. He asked me, his daughter, to help evict them. I found a form, but I’m confused about the process.

Lexi

Lexi, Chatbot

I’m sorry you and your dad are dealing with this. Have they been officially notified about eviction?

He’s asked them verbally many times, but they lie and won’t leave.

Lexi

Lexi, Chatbot

Does your dad own the house, and was there ever a lease or rent paid?

He owns the house. No lease, no rent ever.

Lexi

Lexi, Chatbot

Anything else the lawyer should know?

No.

Legal Eagle

Legal Eagle

Hello, I’m a lawyer happy to help. Have you served a written notice to vacate, or only verbal requests so far?

Only verbal.

Legal Eagle

Legal Eagle

You’ll need to start with a formal written notice. When did they move in?

On and off for years, but continuously the last two years. He’s really ready now, especially after the last theft. He’s afraid of them.

Legal Eagle

Legal Eagle

Understood. You’re asking what steps to take, correct?

Yes. I printed the eviction notice form.

Legal Eagle

Legal Eagle

You can deliver the notice on his behalf, but you can’t represent him in court. Even without rent or a written lease, this is treated as a tenancy (Ala. Code § 35-9A-102(14)). A written notice of non-renewal is required (Ala. Code § 35-9A-441(b)). You can give it personally, post it on the door, and mail a copy (Ala. Code § 35-9A-141). After the notice period, eviction goes through court if they don’t leave.

Since they live with him, can I tape it to their bedroom door? Do they have to sign anything? How do I prove they got it?

Legal Eagle

Legal Eagle

They don’t have to sign. Ideally give it personally. If not, post it and mail it. You can video record delivery to show proof.

So the eviction notice form can apply here?

Legal Eagle

Legal Eagle

Yes, you can use the notice.

Thanks so much.

Legal Eagle

Legal Eagle

Glad I could help.

Legal Eagle

Legal Eagle

128,690 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

Legal Eagle
Welcome! Have a similar question?

12 lawyers online now

Disclaimer


By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.

Ask a Lawyer Logo
Ask a Lawyer Logo
Intake Questions
Step  of 3
Loading...

How do you like to pay?

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

It looks like you already have an account with Ask a Lawyer.

We have sent you a magic link to . Click the link in your email to sign in and continue your chat.

spin

Step of 6 •

You'll receive an email at as soon as the lawyer joins the conversation 🙏🏻😊

Over 90% of lawyers connect within 5 minutes. If you're not online at that moment, don't worry — the lawyer will reply to your message while you're away.

You're also welcome to stay in the chat while waiting to be connected 💬✨

Waiting for lawyer