With eviction filings rising sharply nationwide in 2024, understanding Alabama eviction laws is more important than ever. Cities like Houston, Tampa, and Las Vegas have seen eviction rates soar beyond pre-pandemic averages, highlighting the mounting housing pressures many property owners and renters now face. According to the Eviction Lab’s Eviction Tracking System, these spikes signal sustained instability across U.S. rental markets. While Alabama hasn’t made national headlines, it remains one of the most landlord-friendly states, making it essential to understand both your rights and responsibilities under state law.
What You’ll Learn in This Guide
- The legal reasons for eviction in Alabama, including non-payment of rent, lease violations, and illegal activity
- Step-by-step breakdown of the Alabama eviction process, including notice delivery, court filings, hearings, and appeals
- An overview of the typical eviction timeline in Alabama, from notice to tenant removal
- What landlords are not legally allowed to do during an eviction (e.g., lockouts, utility shutoffs, retaliation)
- How Alabama law applies to tenants with or without a lease agreement
- The role of tenant screening in preventing evictions and protecting your rental income
- Reliable legal and housing resources available to landlords and tenants in Alabama
Whether you manage a few units or an entire portfolio, navigating Alabama eviction laws correctly can save you time, money, and legal risk. Let’s break down the process step-by-step so you can move forward confidently and compliantly.
Understanding the Basics of Alabama Eviction Laws
Before diving into notice periods, court filings, and tenant removal, it’s important to understand the foundation of how Alabama eviction laws work. Alabama is considered one of the more landlord-friendly states, but that doesn’t mean landlords can skip legal steps or ignore tenant rights. Whether there’s a lease or not, the law sets clear parameters for how evictions must be handled, and getting familiar with these fundamentals can help landlords avoid costly delays or invalid notices.
Below, we break down two key concepts: Alabama’s legal stance toward landlords and how the law treats rental agreements without leases. Understanding these basics will give you a stronger foundation before diving into notice requirements, court procedures, and timelines.
Alabama Law Favors Landlords But With Limits
Alabama has earned its reputation as a landlord-friendly state because of its relatively fast eviction timelines, short notice periods, and fewer regulatory barriers for property owners. For example, landlords can issue a 7-day notice for unpaid rent, one of the shortest timelines in the country. The courts also tend to process eviction filings quickly, often giving landlords possession within a few weeks if proper procedures are followed.
However, being landlord-friendly doesn’t mean landlords are above the law. Self-help evictions such as changing locks or shutting off utilities, retaliatory actions, and discriminatory practices are all prohibited under the Alabama Uniform Residential Landlord and Tenant Act (URLTA). Landlords still need to follow every legal step, provide proper notice, and allow the process to play out through the courts when necessary.
A Lease Is Not Required to Evict a Tenant in Alabama
You don’t need a written lease to remove a tenant under Alabama eviction laws. Whether a tenant is on a month-to-month oral agreement or simply paying rent without a formal contract, the law still requires landlords to provide written notice before filing for eviction.
Here’s how it works:
- For week-to-week rentals, landlords must give 7 days’ notice to terminate the agreement
- For month-to-month agreements, the required notice is 30 days
- In the absence of any agreement, the default assumption is usually month-to-month
Importantly, landlords cannot skip this process even if there is no lease. Rent collection, maintenance responsibilities, and property access rules still apply, and tenants without a lease are still protected under state law. Missteps in notice delivery or assumptions about informal tenancies can lead to dismissed cases or legal pushback.
Legal Reasons for Eviction Under Alabama Law
Even though Alabama is a landlord-friendly state, Alabama eviction laws still require landlords to provide a valid legal reason before removing a tenant. You can’t evict someone simply because you’re unhappy with them or want the property back – the law sets out clear standards that must be followed.
In Alabama, landlords are permitted to evict tenants for the following three primary reasons:
Non-Payment of Rent
Failure to pay rent on time is the most common and straightforward reason for eviction. Under Alabama law, rent is considered late immediately after the due date, unless the lease provides a grace period. That means if rent is due on the first of the month, it is considered late by 12:01 a.m. on the second, and a 7-day notice to pay or quit can be legally served.
If the tenant pays the full amount within the notice period, the eviction process must stop. If they do not, the landlord can proceed with filing a complaint in court. It’s crucial to document payment history and notice delivery, especially if the case goes before a judge.
For more information on rent deadlines, grace periods, and legal requirements for termination notices, check out this guide to Alabama rent and eviction rules from Nolo.
Lease Violations
Eviction for violating lease terms can cover a wide range of issues, including:
- Unauthorized pets
- Property damage
- Excessive noise or disturbances
- Unauthorized occupants
- Failing to maintain the yard or common areas
For these types of violations, landlords must serve a 14-day notice giving the tenant an opportunity to correct the issue or vacate. If the same violation occurs again within six months, the landlord may issue an unconditional quit notice, allowing eviction without a chance to remedy.
The notice period and right to cure depend on the severity and recurrence of the lease violation. Keeping records of communication and violations is essential for legal protection.
Illegal Activity on the Premises
Tenants who engage in illegal activity on the property, such as drug-related offenses, weapons violations, or other criminal conduct, can be evicted with an unconditional quit notice, meaning no opportunity to fix the issue is required.
These cases are taken seriously because they impact the safety and well-being of other tenants and neighbors. Landlords can act quickly, but still must follow legal procedures to avoid dismissal or counterclaims.
Know the Eviction Process in Alabama
Evicting a tenant in Alabama isn’t an overly complicated process, but there are certain timing points and deadlines you need to be very aware of to ensure the eviction is valid. Missing a step or deadline can result in starting over from the beginning.
The steps for eviction include:
- Serve notice to correct or vacate
- File complaint
- Court hearing and judgment
- Writ of execution posted
- Possession of property returned to the landlord
Notice
An eviction notice in Alabama is also called an unlawful detainer and varies a bit depending on the reason for the eviction.
For non-payment of rent or a lease violation, the notice gives them the option to remedy the issue or move out. If rent is paid or the problem fixed, the eviction process stops. If the tenant doesn’t fix the issue or move out, the landlord terminates the lease and files for eviction.
The required notice is seven days for non-payment or late rent and 14 days for lease violations.
An unconditional quit notice offers no opportunity to remedy the situation and usually applies when there has been some illegal activity on the property. It also applies if a lease violation occurs again within six months as the landlord is not required to provide the tenant the opportunity to remedy the situation before filing for eviction in that case.
Notices must be delivered in person to the tenant or given to any adult living at the property. If you’re unable to deliver it to a person, you can post the notice on the premises.
You should keep a copy of the notice and a record of when you served it and to whom. You’ll need that documentation if the eviction makes it to a court hearing.
Complaint Filed and Answered
If the tenant does move or remedy the situation, you can file your eviction complaint with the appropriate court. A summons will be sent to the tenant and served by the sheriff, constable, or a professional process server.
After the tenant receives the summons and complaint, they can file an answer with the court. They have seven days to respond if there is no money involved, e.g. a lease violation, or 14 days if the claim is for past-due rent or other monies.
If the tenant doesn’t respond, the court may automatically rule for the landlord.
Court Hearing and Execution
The law provides no specifics for when to hold the hearing, although most courts prioritize eviction hearings over other civil matters. The court mails notice to the tenant and landlord when it has been scheduled. If the tenant fails to show up for the hearing or submit an answer, the court assumes they deny the claim and proceeds without them.
The tenant or landlord may appeal the ruling made by the court within seven days and expect a ruling on the appeal within 60 days from when the appeal is filed.
If the court rules in the landlord’s favor, the writ of execution is issued, which returns their property to their possession. The writ serves as the tenant’s final notice to leave, and they have seven days to do so before the sheriff or constable comes to forcibly remove them.
Alabama Eviction Timeline
Understanding how long an eviction takes is just as important as knowing the legal steps involved. While each case may vary depending on tenant cooperation, court availability, and the reason for the eviction, Alabama eviction laws follow a relatively streamlined process from notice to physical removal.
Here is a typical breakdown of the eviction process in Alabama:
- Notice Period: 7 days for non-payment of rent; 14 days for lease violations. Unconditional quit notices for illegal activity or repeat violations require no cure period and may proceed immediately.
- Filing to Hearing: Typically 7 to 14 days after the complaint is filed, depending on court docket availability and how quickly the tenant is served.
- Judgment to Writ of Possession: 7 days after a court judgment, assuming the tenant does not file an appeal.
- Tenant Removal: Generally 7 days after the sheriff serves the Writ of Possession and posts notice of removal.
Estimated Total Time: Most uncontested cases take between 21 to 35 days, assuming no appeals, service delays, or court backlogs.
Keep in mind that these are general estimates. Delays in serving notices, tenant appeals, or local court congestion can extend the timeline. Landlords should always follow the legal process exactly to avoid starting over or facing legal challenges under Alabama eviction laws.
Post-Hearing Procedures
Winning an eviction case in court doesn’t immediately end the process. Under Alabama eviction laws, landlords must still follow specific post-hearing procedures before regaining possession of the rental unit. Tenants, too, may still have legal options after the judgment is issued.
Appeal Rights and Timeline
After the court issues a judgment for possession, either party – the landlord or the tenant – has the right to appeal the decision. The losing party must file a notice of appeal within 7 calendar days of the judgment being entered.
If the tenant chooses to appeal, they may be required to:
- Pay any back rent owed into the court registry
- Continue making rent payments during the appeal
- Comply with court deadlines and requirements
Failing to meet these obligations could result in the appeal being dismissed and the eviction moving forward.
Issuance of the Writ of Possession
If no appeal is filed within 7 days, the landlord may request a Writ of Possession from the court. This legal document authorizes the sheriff or constable to physically remove the tenant and return the rental property to the landlord.
Landlords cannot carry out the eviction themselves-only a law enforcement officer is permitted to enforce the writ. Once posted, the writ typically gives the tenant 7 days to vacate the premises before forced removal.
Handling the Tenant’s Property
Alabama law does not clearly require landlords to store or hold a tenant’s personal belongings after a sheriff-enforced eviction. However, landlords are encouraged to check with local court rules or consult legal counsel before disposing of any property to avoid disputes or potential liability.
Following these steps ensures the eviction process remains legally valid and enforceable. Skipping any part of the post-hearing procedures may result in delays or legal consequences for the landlord. Always rely on the court and sheriff’s office to handle the final stages of the eviction.
What Landlords Cannot Do During an Eviction
Even if a landlord wins an eviction case, Alabama eviction laws strictly prohibit taking matters into their own hands. Any attempt to evict a tenant without proper legal procedure-known as a self-help eviction-can result in civil penalties, court delays, or criminal charges.
Here’s what landlords are not allowed to do during or after the eviction process in Alabama:
- Change the locks without a court-issued Writ of Possession
- Shut off utilities such as electricity, water, or gas to pressure the tenant to leave
- Remove the tenant’s belongings without supervision and authorization from the sheriff’s office
- Enter the rental unit without giving proper notice or receiving legal permission from the court
Only a sheriff or law enforcement officer has the legal authority to carry out a physical eviction after the court has issued a Writ of Possession. Any effort to force a tenant out-regardless of missed rent or lease violations-may be considered illegal eviction or landlord harassment under Alabama law.
Landlords should always follow the formal eviction process through the courts. Skipping steps or retaliating against tenants can jeopardize the case and lead to legal consequences. Let the court and sheriff’s office handle the final stages to protect your property and stay compliant with the law.
Resources for Landlords and Tenants
Navigating eviction laws can feel overwhelming, whether you’re a landlord trying to follow the legal process or a tenant facing housing insecurity. Fortunately, Alabama offers several reliable resources to help both parties understand their rights, responsibilities, and legal options under Alabama eviction laws.
Here are some trusted tools and organizations worth exploring:
- Legal Services Alabama: Offers free legal help to low-income residents across the state, including assistance with eviction defense, rental disputes, and appeals.
- Alabama State Bar Lawyer Referral Service: Need legal representation? This tool connects landlords or tenants with licensed attorneys in their area, often with an initial consultation fee of $50 or less.
- Alabama Legal Help: A public legal education site sponsored by the Alabama Access to Justice Commission. It includes plain-language guides on eviction law, tenant rights, and court procedures.
- Universal Residential Landlord and Tenant Act (URLTA) – Alabama PDF: The official document outlining landlord and tenant rights and obligations in Alabama.
- RentSafe: Online Rental Applications & Tenant Screening: RentSafe’s tenant screening software helps landlords reduce eviction risks by identifying qualified renters before lease signing. Ideal for small or large-scale property management.
These resources offer practical support for avoiding legal missteps and ensuring all parties are informed, protected, and prepared, no matter which side of the eviction process they’re on.
Prevent Evictions with Smarter Tenant Screening
Even the most reliable tenants can fall behind on rent due to sudden life changes like job loss or rising inflation. But by implementing a thorough and consistent screening process, you can significantly reduce the likelihood of facing an eviction down the line.
Start by setting clear, documented rental criteria for screening, including minimum income thresholds, credit score requirements, and rental history expectations. Ensuring every applicant is held to the same standard keeps your process fair and compliant.
A comprehensive tenant screening should also include a credit check and background screening. Understanding how to conduct a HUD-compliant criminal background check is key to protecting your property while staying within federal guidelines.
It’s also helpful to recognize warning signs early. Get familiar with the common types of problem tenants so you can identify high-risk applicants before signing a lease.
By prioritizing smart tenant screening, landlords can fill vacancies with qualified renters, avoid legal headaches, and prevent costly evictions in the future.
Manage Your Eviction Risk
While Alabama is considered a landlord-friendly state, navigating its eviction laws is still a serious legal process with little room for error. Every step, from issuing the right notice to securing a court judgment, must be followed precisely to ensure the eviction is valid.
Missing even one deadline or filing step could result in delays, dismissed cases, or prolonged periods without rental income. That’s why it’s essential to fully understand Alabama eviction laws and stay proactive in preventing issues before they start.
One of the best ways to reduce eviction risk? Start with smarter tenant screening.
Start Screening with Confidence
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Frequently Asked Questions About Alabama Eviction Laws
How many days late before eviction in Alabama?
Under Alabama eviction laws, rent is considered late immediately after the due date, unless your lease includes a grace period. Legally, landlords may issue a 7-day notice for non-payment of rent the day after it’s due. If the tenant fails to pay within that period, the landlord can move forward with the eviction process.
How does eviction work in Alabama with a lease?
If the tenant has a fixed-term lease, the landlord must have legal grounds, such as non-payment of rent, lease violations, or illegal activity, to initiate eviction. The landlord must serve the appropriate notice (7 or 14 days depending on the reason), file a complaint, attend a court hearing, and wait for a Writ of Possession before the sheriff can remove the tenant.
Can a landlord evict a tenant in Alabama without a lease?
Yes. Tenants without a written lease, such as those on a week-to-week or month-to-month rental agreement, are still protected under Alabama eviction laws. However, landlords can terminate these agreements by giving notice equal to one rental period (7 days for weekly, 30 days for monthly) without needing to prove lease violations.
How long does the eviction process take in Alabama?
An uncontested eviction typically takes 21 to 35 days from start to finish, depending on how quickly notices are served and court hearings are scheduled. If the tenant appeals, the process may take longer. Landlords must follow each legal step carefully or risk delays.
What is a Writ of Possession in Alabama?
A Writ of Possession is a court-issued document that authorizes the sheriff or constable to remove a tenant from the property after the landlord wins the eviction case. Tenants typically have 7 days after the writ is posted to vacate before being forcibly removed.
For more helpful info beyond eviction, check out our FAQ page on rental applications and tenant rights.


