How to Evict a Tenant in Alabama (2026)
The legal steps for landlords in Alabama — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Alabama a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | Written notice to terminate that states the rent and any late fees owed. The rental agreement terminates on a date not less than 7 business days after the tenant receives the notice, unless the tenant pays (cures) within the 7 business days. Source: Ala. Code § 35-9A-421(b) |
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| Lease violation | For a material noncompliance, the landlord gives written notice describing the breach. The rental agreement terminates on a date not less than 7 business days after receipt unless the tenant remedies the breach first. Some acts are noncurable and allow termination on a 7-day notice: illegal drugs, illegal firearm use or discharge, criminal assault on the premises, a repeat of substantially the same breach within 6 months, and intentional misrepresentation of a material fact in the application. Source: Ala. Code § 35-9A-421(a), (d) |
| Ending a month-to-month tenancy (no fault) | Either party gives written notice at least 30 days before the periodic rental date named in the notice. Week-to-week tenancies need at least 7 days' written notice. Source: Ala. Code § 35-9A-441(a)-(b) |
Local rent-control or just-cause rules can limit evictions: Local rent control is preempted statewide. No county, city, or other local government may enact, maintain, or enforce a measure controlling the rent charged for leasing private property. There is no statewide rent cap.
Step 2: Write and deliver the notice correctly
| What the notice must say | Written notice to terminate that specifies the amount of rent and any late fees owed to cure, and states that the rental agreement will terminate on a date not less than 7 business days after the tenant receives it. If not cured within the 7 business days, the agreement terminates. If both nonpayment and another breach exist, the 7-day nonpayment period governs. A tenant may cure no more than twice in 12 months without the landlord's written consent. Source: Ala. Code § 35-9A-421(b), (d) |
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| How it must be delivered | For general notices under the Act, a tenant is presumed to receive a notice when it is handed to them, or 3 days after it is mailed with prepaid postage to their last known residence. A landlord receives notice when it is delivered to the landlord's place of business or mailed to the address the landlord names. This general rule does not apply to notices that end a tenancy or start an eviction, and the Act sets no delivery method for those. A notice of entry may be posted on the tenant's main entry door. The Act has no rule on email or text notices. |
Notice forms:
- Alabama notice to pay rent or quit — requirements and free draft
- Alabama notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Alabama are heard in: District Court of the county where the property is located (circuit court also has jurisdiction according to its established jurisdiction).
- Landlord delivers a written notice to terminate: 7 business days for nonpayment or curable lease violations (§ 35-9A-421), or 30 days to end a month-to-month tenancy (§ 35-9A-441)
- Landlord files an unlawful detainer (eviction) complaint in district court
- Service: personal service first; otherwise delivery to an adult resident, or posting on the door plus first-class mailing by the close of the next business day
- Tenant files an answer within 7 calendar days after service (weekends and holidays count; if the last day falls on a weekend or legal holiday, the deadline moves to the next business day); if no answer, landlord may seek default judgment on possession
- Judgment; either party may appeal to circuit court within 7 days of entry, and the tenant must pay rent into court to stay the writ
- Writ of possession issues on landlord's application after the 7-day automatic stay
- Writ executed by the sheriff/constable
Court timing: In district court, the tenant must answer an eviction or unlawful-detainer complaint within 7 calendar days after service (Ala. R. Civ. P. 12(dc)). Rule 6(dc) makes clear that weekends and holidays are not skipped in eviction cases. Money claims in district court get 14 days. Note the pre-filing notice to terminate is different: it runs 7 business days (§ 35-9A-421). The statute (§ 6-6-332(b)) also requires the notice to be served at least six days before the return day.
Source: Ala. Code §§ 35-9A-461, 35-9A-141(3), 6-6-330, 6-6-332, 6-6-350; Ala. R. Civ. P. 6(dc), 12(dc)
How long it takes to evict a tenant in Alabama
For unpaid rent, the notice period is 7 business days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Alabama
Court filing and service fees are set locally. Verified fees in the largest Alabama counties:
| County | Filing and service fees |
|---|---|
| Jefferson County (Birmingham, Bessemer) | $256 unlawful detainer filing; $10 per additional defendant |
| Mobile County (Mobile) | $256 unlawful detainer filing; $10 per additional defendant |
| Madison County (Huntsville) | $302 unlawful detainer filing ($322 with Madison County Sheriff service on one defendant); +$10 per additional defendant plus $20 each if served by the Sheriff; Writ of Restitution/Possession Sheriff service $20 |
| Montgomery County (Montgomery) | $247 unlawful detainer filing (one defendant); $10 per additional defendant; +$30 Sheriff service fee for each pleading served by the Montgomery County Sheriff |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either party gives written notice at least 30 days before the periodic rental date named in the notice. Week-to-week tenancies need at least 7 days' written notice. Source: Ala. Code § 35-9A-441(a)-(b) |
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| Someone who was never a tenant (squatter / unauthorized occupant) | An owner (or agent) of a dwelling may have an unauthorized occupant removed by law enforcement without an eviction suit. Steps: (1) give the occupant notice at the dwelling (hand delivery or posting on the front door/entrance) that they have no right to the dwelling and must vacate immediately, including the street address of the law enforcement agency; (2) submit a sworn affidavit in the statutory form to law enforcement in the county, attaching the notice with date/time of delivery and ID or proof of agency. The affidavit must state the occupant is not a tenant, holdover tenant, or immediate family member and that no litigation is pending. After verifying ownership and at least 24 hours after receiving the affidavit, law enforcement serves a notice to immediately vacate and may arrest for trespass, burglary, theft, or outstanding warrants. The agency may charge up to $50. A knowingly false affidavit can be prosecuted as false reporting (§ 13A-10-9); a wrongfully removed person may recover possession, actual damages, punitive damages of triple the fair market rent, costs and attorney fees. Squatters are excluded from Chapters 9 and 9A, so no eviction action is required. Renting or listing property without authority is a Class D felony (Class C if money was received or the owner is 70 or older). |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Self-help eviction is prohibited. A landlord may not take possession, including by interrupting heat, water, hot water, electricity, gas, or other essential service, except after abandonment or surrender or as the Act permits. A tenant who is unlawfully removed, excluded, or has services cut off may recover possession or terminate the lease. In either case the tenant recovers the greater of up to 3 months' periodic rent or actual damages, plus reasonable attorney's fees. |
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| Retaliation | A landlord may not retaliate by raising rent, decreasing services, or bringing or threatening an action for possession because the tenant (1) complained to a government code-enforcement agency about a health or safety violation, (2) complained to the landlord about a § 35-9A-204 maintenance violation, or (3) organized or joined a tenants' union. Remedies are those in § 35-9A-407 plus a defense to eviction. Source: Ala. Code § 35-9A-501 |
| Accepting rent after the notice | Yes, by default. If the landlord accepts rent knowing the tenant is in default, or accepts performance that varies from the lease, the landlord waives the right to terminate the lease for that breach, unless the parties agree otherwise after the breach occurs. The Act does not set a separate partial-payment rule. Source: Ala. Code § 35-9A-424 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Alabama eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Alabama?
Written notice to terminate that states the rent and any late fees owed. The rental agreement terminates on a date not less than 7 business days after the tenant receives the notice, unless the tenant pays (cures) within the 7 business days.
How much does it cost to evict a tenant in Alabama?
Court fees are set locally — for example, Jefferson County (Birmingham, Bessemer): $256 unlawful detainer filing; $10 per additional defendant.
Can a landlord change the locks to evict a tenant in Alabama?
Self-help eviction is prohibited. A landlord may not take possession, including by interrupting heat, water, hot water, electricity, gas, or other essential service, except after abandonment or surrender or as the Act permits. A tenant who is unlawfully removed, excluded, or has services cut off may recover possession or terminate the lease. In either case the tenant recovers the greater of up to 3 months' periodic rent or actual damages, plus reasonable attorney's fees.
How do you evict a tenant without a lease in Alabama?
Either party gives written notice at least 30 days before the periodic rental date named in the notice. Week-to-week tenancies need at least 7 days' written notice.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.