Squatters' Rights in Alabama
Alabama rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: An owner (or agent) of a dwelling may have an unauthorized occupant removed by law enforcement without an eviction suit. Ala. Code §§ 35-9B-1 to 35-9B-9 (Act 2024-237); §§ 13A-9-22, 13A-9-23 (Act 2026-536)
The rules in Alabama
| Squatters / unauthorized occupants | 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). Does not apply to tenants or holdover periodic tenants (§ 35-9B-9). Text read 2026-10-22 from the official ALISON Code of Alabama database (the same data that renders on this page). |
|---|---|
| Belongings left behind | If a tenant leaves property in the unit more than 14 days after the tenancy is terminated under the Act, the landlord has no duty to store or protect it and may dispose of it without obligation. No notice, storage or sale procedure is set out. A unit is also considered abandoned if electric service has been off for seven consecutive days. Manufactured homes left on a leased lot follow a separate procedure (Ala. Text read 2026-10-22 from the official ALISON Code of Alabama database (the same data that renders on this page). Source: Ala. Code § 35-9A-423(d)-(e) |
Related questions
Alabama vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Alabama | 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). Ala. Code §§ 35-9B-1 to 35-9B-9 (Act 2024-237); §§ 13A-9-22, 13A-9-23 (Act 2026-536) | If a tenant leaves property in the unit more than 14 days after the tenancy is terminated under the Act, the landlord has no duty to store or protect it and may dispose of it without obligation. No notice, storage or sale procedure is set out. A unit is also considered abandoned if electric service has been off for seven consecutive days. Ala. Code § 35-9A-423(d)-(e) |
| Florida | Sheriff removal without a lawsuit. An owner (or authorized agent) of residential property may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, signed under penalty of perjury, with ID or proof of agency) if: the occupants entered unlawfully and are living there; the property was not open to the public; the owner told them to leave; they are not current or former tenants under any owner-authorized lease; they are not immediate family; and no related litigation is pending. After verifying ownership, the sheriff serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, and may arrest for trespass or other crimes. Sheriff charges the writ-of-possession service fee, plus an hourly stand-by fee if requested. A person wrongfully removed may sue for restoration of possession, actual damages, triple the fair market rent, costs and attorney's fees. Fla. Stat. § 82.036 | After the sheriff executes a writ of possession, the landlord may remove the tenant's belongings to or near the property line, with no liability for loss. For property left after the tenant vacates (by surrender, abandonment or otherwise) the landlord may follow the Disposition of Personal Property Landlord and Tenant Act: written notice describing the property, where to claim it, that storage costs may be charged, and a claim deadline at least 10 days after personal delivery or 15 days after mailing (first-class mail to last known address). Unclaimed property must be sold at public sale after 2 weekly newspaper ads, unless the landlord reasonably believes it is worth under $500, in which case it may be kept or disposed of; surplus proceeds go to the county. A lease (or separate written agreement) with the statutory capitalized legend can relieve the landlord of these storage/disposal duties upon surrender, abandonment, or death of the last tenant. Fla. Stat. §§ 83.62(2), 83.67(5), 715.104, 715.109 |
| Georgia | Two tracks, both without a regular eviction. (1) Intruder affidavit: the owner (or agent/attorney) swears an affidavit that they claim possession in good faith and the named occupant does not, and gives it to the sheriff, deputy, constable, marshal or other POST-certified officer, who shows it to the occupant and removes them once 3 days have passed, unless the occupant tenders a counteraffidavit claiming a good-faith legal right to possession. A counteraffidavit sends the matter to a nonjury magistrate court trial; if the occupant's claim is not meritorious, removal follows by writ of possession, and the court may award fair-market rent for the occupancy. (2) Criminal 'unlawful squatting' (entering and residing on another's property without the owner's knowledge or consent): the person is cited and has 3 business days to present documentation (e.g., a lease or rent receipts) to the law enforcement agency or face arrest; if documents are produced, a hearing is held within 7 days, and fake or non-meritorious documents lead to removal, arrest and a fine based on fair-market monthly rent. Misdemeanor. O.C.G.A. §§ 16-7-21.1; 44-11-30 to 44-11-33; 15-10-2(a)(18)-(19) (HB 1017, 2024 Georgia Squatter Reform Act) | A writ of possession authorizes removing the tenant and the tenant's belongings; the property may be placed on the landlord's land or other property designated with the executing officer's approval (e.g., sidewalk or street). The landlord is not a bailee and owes the tenant no duty for the property, which is treated as abandoned once the writ is executed. No statutory storage period or sale notice for evicted tenants' belongings. O.C.G.A. § 44-7-55(c) |
| Mississippi | Real Property Owners Protection Act (effective July 1, 2025). A 'squatter' is a trespasser who stays on the premises, or a tenant's invitee who stays after the rental agreement ends. Squatters do not get tenant eviction rights; people with heirship rights are excluded. Process: the owner or agent files a sworn affidavit with local law enforcement giving the property address, the filer's name, address and status, and supporting documents. Within 24 hours, law enforcement must serve a citation ordering the person to leave. The person has 24 hours to vacate, or 3 days to tell the municipal or justice court they will contest. If they do not contest, they may be removed immediately without a writ, and the owner and officers are not liable for damage to their property. If contested, a hearing is held within 7 days under a preponderance standard; a certified deed showing the complainant as owner of record leads to a squatter finding. The judge then orders the squatter out within 24 hours. Squatting after written notice to leave is a crime. Knowingly using false documents to claim or rent out someone else's property is a felony: 2-5 years in prison plus fines equal to rent lost or money collected. Landlord-tenant law (§ 89-8-3) does not give rights to trespassers. 2025 Miss. Laws HB 1200 (Real Property Owners Protection Act), approved Apr. 10, 2025, eff. July 1, 2025; Miss. Code Ann. § 89-8-3 (as amended) | The summons must warn that belongings left behind after a court-ordered move-out may be thrown away. If the tenant leaves by the court's move-out date (normally 7 days after judgment) and leaves property behind, the landlord may dispose of it without further notice. If the tenant is removed under a warrant, the landlord must give reasonable access for 72 hours after the warrant is executed so the tenant can remove property, including a manufactured home. After 72 hours the landlord may move what remains to the curb, a garbage area, or another agreed location, and has no duty to preserve it. Posting the warrant on the door does not count as execution; officers must actually remove the occupants. Miss. Code Ann. §§ 89-8-35(2), 89-8-39(1)-(3) (as amended by 2025 SB 2328); § 89-8-13(6) |
| Tennessee | Since July 1, 2024, an owner or authorized agent may ask the county sheriff to immediately remove an unlawful occupant of a residential dwelling, without a court case, by submitting a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form). Conditions: the property includes a residential dwelling; an unauthorized person entered and remains; the property was not open to the public at entry; the owner told the person to leave; the person is not a current or former tenant under a written or oral rental agreement authorized by the owner and is not an immediate family member (spouse, parent, sibling, child); and no litigation is pending between owner and occupant about the property. The sheriff verifies ownership, serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, may arrest for trespass or warrants, and may stand by (hourly fee) while locks are changed and belongings moved to the property line. A wrongfully removed person may sue (expedited hearing) for possession, actual damages, statutory damages of triple the fair market rent, costs and attorney fees. T.C.A. § 29-18-135 (added by 2024 Pub. Ch. 1009, SB 795 / HB 1259) | URLTA counties: 30+ days' unexplained absence without paying rent is prima facie abandonment, and the landlord may re-enter. Alternatively, rent 15 days late plus other signs of permanent move-out (e.g., removal of substantially all belongings or tenant shutting off utilities) is prima facie abandonment, but the landlord must first post a notice at the unit and mail it by regular mail to the unit address stating: the landlord believes the unit is abandoned; will re-enter unless the tenant makes contact within 10 days; will then remove belongings and re-rent; and will dispose of belongings not reclaimed within 30 days - with a phone number and mailing address. If the tenant responds and wants to stay, the landlord must go to court. In either case the landlord must remove and store the belongings for at least 30 days; unclaimed property may then be sold or disposed of, with proceeds applied to rent, damages, storage, sale costs and attorney fees, and any balance held 6 months. T.C.A. 66-28-405 |
City rules that may add to state law
More Alabama rental law
- Alabama Security Deposit Law
- Alabama Eviction Laws
- Alabama Notice to Vacate Rules
- Landlord Entry Rules in Alabama
- Alabama Repairs & Tenant Remedies
- Alabama Rent Increase & Late Fee Laws
- Breaking a Lease in Alabama
- Alabama Rental Fee Rules
- Alabama Section 8, Records & Right to Counsel
- Alabama Mold, Pests, Heat & AC Rules
- Alabama Privacy, Guests & Animal Rules
- Alabama Landlord Selling the House
- Alabama Lockouts, Utility Shutoffs & Retaliation
- Alabama Subletting, Lease Endings & Tenant Death
- All Alabama landlord-tenant rules
- Free legal help in Alabama
Compare squatters & abandoned property in all 50 states and DC →
Squatters' Rights in Alabama FAQ
How do you remove a squatter in Alabama?
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). (Ala. Code §§ 35-9B-1 to 35-9B-9 (Act 2024-237); §§ 13A-9-22, 13A-9-23 (Act 2026-536))
What can a landlord do with a tenant's abandoned property in Alabama?
If a tenant leaves property in the unit more than 14 days after the tenancy is terminated under the Act, the landlord has no duty to store or protect it and may dispose of it without obligation. No notice, storage or sale procedure is set out. A unit is also considered abandoned if electric service has been off for seven consecutive days. (Ala. Code § 35-9A-423(d)-(e))
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.