[AL] I need to evict a tenant. How do I officially start the process?
Hello, I am about to send an eviction notice to a tenant. What is the correct procedure in Alabama to officially start the process?
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In Alabama, for a non-payment of rent issue, the law requires that the landlord give the tenant a 7-day notice to pay or vacate. (AL Code § 35-9A-421) This notice needs to be in writing, a tangible written document, and delivered/served on the tenant.
If after the 7 full days the tenant does not either pay the full amount or vacate, you can then file an eviction summons at your local court.
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Hello, I am about to send an eviction notice to a tenant. What is the correct procedure in Alabama to officially start the process?
Lexi, Chatbot
I understand you're dealing with a challenging situation. Have you already provided written notice to the tenant regarding the eviction?
No, I will provide the notice today.
Lexi, Chatbot
Are there any specific reasons or circumstances leading to the eviction that you would like the Lawyer to be aware of?
Non-payment of rent for three months.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with eviction for non-payment of rent.
Non-payment of pet fee too.
Benjamin
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.
Do you have a written lease to prove the rent obligation?
Hi, yes I have a written and signed lease. Do you need it?
Benjamin
No, I was just being sure so this can go much smoother for you.
Benjamin
In Alabama, for a non-payment of rent issue, the law requires that the landlord give the tenant a 7-day notice to pay or vacate. (AL Code § 35-9A-421) This notice needs to be in writing, a tangible written document, and delivered/served on the tenant.
If after the 7 full days the tenant does not either pay the full amount or vacate, you can then file an eviction summons at your local court.
Is it 7 consecutive days or 7 business days?
Benjamin
Saturdays, Sundays, and legal holidays are also not included in the 7-day count.
Got it. What is the process after the 7 days are complete and we have to move forward with the eviction?
Benjamin
Once the notice period expires, you will have to proceed to the legal eviction process, as outlined below:
1. File an Eviction Lawsuit (Unlawful Detainer)
- File the Complaint for Unlawful Detainer in District Court.
- Pay the filing fee.
- The court issues a Summons for service.
2. Serve the Summons
- Sheriff’s department
- Or a private process server
3. Court Hearing
- Scheduled usually within 7–14 days.
- If the tenant does not respond, default judgment may be entered.
- If they contest, both sides present evidence.
4. Judgment
- If you win, the tenant has 7 days to move out or appeal.
5. Writ of Possession
- After 7 days, request the writ.
- The sheriff removes the tenant if they still refuse to vacate.
Those are all of my questions. Thank you for your help! Have an amazing day!
Benjamin
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