Evicting Squatters vs. Trespassers in Alabama: Legal Removal Procedures for Property Owners

Discovering someone living in your property without your permission is a property owner's worst nightmare. Whether you own a vacant investment home in Birmingham, an inherited property in Mobile, or are just trying to get a stubborn relative to move out of your guest room, the legal removal process can be confusing and slow. Many owners make the mistake of calling the police, only to be told, "This is a civil matter; you have to go to court."

Understanding the strict legal difference between a criminal trespasser and a civil squatter is the key to regaining control of your property. If you use the wrong legal procedure in Alabama, a judge will throw your case out, forcing you to start the months-long process over again. If you are dealing with a stubborn occupant, you can find a dedicated Alabama real estate and eviction lawyer in our directory to help clear your property efficiently.

Squatters vs. Trespassers: Understanding Alabama Law

How the person originally entered the property, and how long they have been there, determines the legal avenue you must take.

Criminal Trespass (Police Removal)

A trespasser is someone who breaks into a property without any permission, right, or claim to the land, and has not established residency. Under Ala. Code § 13A-7-2, this is criminal trespass. If you check on a vacant property and find someone sleeping in a sleeping bag who broke a window to get in two days ago, you can call the Birmingham Police Department, Birmingham or the Montgomery Police Department, Montgomery. The police can arrest the individual on the spot for trespassing. No civil court process is needed.

Squatters and Expedited Law Enforcement Removal

Historically, when an occupant claimed residency, moved furniture in, or produced a forged lease, police would decline to intervene and declare it a civil matter. Under Alabama's anti-squatting statutory framework (Ala. Code § 35-9B-1 et seq.), property owners now have an expedited legal mechanism to remove unauthorized occupants without filing a civil lawsuit. Under Ala. Code § 35-9B-2, an owner or authorized agent posts a notice to vacate immediately on the dwelling and delivers a sworn affidavit to local law enforcement, such as the Birmingham Police Department, Birmingham or the local county sheriff. Pursuant to Ala. Code § 35-9B-3, law enforcement verifies ownership and orders the squatter to vacate, arresting those who remain. Additionally, under Ala. Code § 13A-7-7, squatting that causes $1,000 or more in property damage is prosecuted as Burglary in the Third Degree, a Class C felony.

Evicting a Guest Who Will Not Leave

A very common issue is the "guest who won't leave." If you let a friend, a romantic partner, or a relative move in with you temporarily, and they refuse to leave when asked, they are legally considered a "tenant at will" or a "holdover" under Alabama law, even if they never paid rent. You cannot simply change the locks on them. You must terminate their implied tenancy by giving them a written 30-day notice to vacate. If they remain after 30 days, you must file a formal Unlawful Detainer lawsuit in a local court, such as the Madison County District Court, Huntsville.

Handling Unauthorized Subletters

If your actual tenant moves out and secretly sublets the apartment to a stranger without your permission, that stranger is an unauthorized occupant. Under Ala. Code § 35-9A-421, unauthorized subletting is a material breach of the lease. However, you cannot just throw the stranger out. You must issue a 7-day notice to cure the lease violation to your primary tenant. If the stranger does not leave, you must file an Unlawful Detainer against your primary tenant and "All Other Occupants" to legally reclaim the unit.

The Process for Filing an Ejectment Action in Alabama

While true squatters without any legal claim can be removed via law enforcement affidavit, complex occupancy disputes still require formal litigation. If an occupant asserts an adverse claim of title, holds color of title, or if a court dispute over ownership is already pending, law enforcement cannot use expedited administrative removal.

In those scenarios, the property owner must file an Ejectment action under Ala. Code § 6-6-280. Unlike an Unlawful Detainer, which is handled in District Court for landlord-tenant relationships, an ejectment must be filed in a Circuit Court, such as the Tuscaloosa County Circuit Court, Tuscaloosa or the Shelby County Circuit Court, Columbiana. You will file a formal complaint proving superior title (deed) to the land and demanding the occupant be removed. This process involves complex civil pleadings and title evidence.

Timelines and Costs: Eviction vs. Ejectment

The financial and time costs vary significantly depending on the legal route required:

• Unlawful Detainer (Eviction): Used for guests and holdover tenants. After the notice period expires, you file Form C-59, Alabama, Unified Judicial System, Statement of Claim (Eviction/Unlawful Detainer). The court filing fee is roughly $250. An attorney will typically charge a flat fee of $500 to $1,000. The entire process takes 4 to 8 weeks.
• Expedited Squatter Removal: Under Ala. Code § 35-9B-2, property owners can bypass court backlogs by posting notice and submitting a sworn affidavit to local law enforcement. Removal typically occurs within days, avoiding heavy litigation expenses.
• Ejectment (Title Disputes): Used in Circuit Court under Ala. Code § 6-6-280 when title or possession is actively contested. The filing fee is approximately $350, and attorney fees can exceed $2,500. Due to Circuit Court dockets, an ejectment action can take 3 to 6 months.

Frequently Asked Questions (FAQ)