How to File an Unlawful Detainer Eviction in Alabama: Timelines and Court Costs

Evicting a tenant is a highly stressful process for any property owner. Whether you are managing a single-family home in Huntsville or a large apartment complex in Birmingham, landlords in Alabama are strictly bound by the Alabama Uniform Residential Landlord and Tenant Act (URLTA). If a tenant stops paying rent, damages the property, or refuses to leave after their lease expires, you cannot simply change the locks or shut off their power. Doing so is an illegal 'self-help' eviction. Instead, you must use a legal process called an Unlawful Detainer. This guide provides a clear, step-by-step roadmap to successfully navigate the eviction process in Alabama while avoiding fatal procedural errors that could get your case thrown out of court.

Step-by-Step Process for Eviction in Alabama

The eviction process in Alabama is extremely precise. A single mistake on a notice or a miscalculated timeline means you will have to start over from the beginning, costing you additional weeks or months of lost rental income. Most evictions begin and end in the District Court of the county where the rental property is physically located.

Step 1: Serving the Proper Written Notice

Before you can step foot inside a courthouse, you must give the tenant formal written notice to correct their behavior or vacate. The type of notice depends entirely on the reason for the eviction, as established by Ala. Code § 35-9A-421.

• 7-Day Notice for Non-Payment of Rent: If the tenant fails to pay rent, you must serve a written 7-day notice to pay the balance in full or vacate. The tenant has exactly 7 business days to pay before you can file the lawsuit.
• 7-Business-Day Notice for Lease Violations: For other lease violations (like having unauthorized pets, breaking noise ordinances, or failing to maintain the lawn), you must serve a 7-business-day notice to 'cure' (fix) the issue. If they fix the problem within 7 business days, the eviction stops.
• No-Cure 7-Day Notice: If the tenant commits a dangerous or illegal act (like manufacturing illegal drugs on the property or intentionally causing severe damage), you can issue a strict 7-day notice to vacate without giving them a chance to fix the issue.

Step 2: Filing the Statement of Claim

If the notice period expires and the tenant is still living in the property, the next step is filing an Unlawful Detainer lawsuit. You will go to the civil clerk's office at the appropriate court, such as the Jefferson County District Court, Birmingham or the Montgomery County District Court, Montgomery. You will need to fill out and file Form C-59, Alabama, Unified Judicial System, Statement of Claim (Eviction/Unlawful Detainer). You must attach a copy of the lease and a copy of the 7-business-day notice you served.

Step 3: Serving the Tenant

Once you file the Statement of Claim, the court will issue a summons. The tenant must be officially 'served' with these court papers. In Alabama, this is typically done by a process server or the local County Sheriff's deputy. The tenant then has 7 days from the date they receive the summons to file a written answer with the court. If they do not file an answer within 7 days, you can request a default judgment.

Step 4: Attending the Court Hearing

If the tenant files a written answer contesting the eviction, the court will schedule a hearing. Both the landlord and the tenant will present their case before a District Court judge. Bring all your evidence: a copy of the lease, the rent ledger showing missed payments, copies of the warning notices, and photos of any property damage. If the judge rules in your favor, they will grant a judgment for possession and typically a judgment for the past-due rent.

Step 5: Getting a Writ of Possession and Hiring a Sheriff

Winning in court does not mean you can drag the tenant out yourself. If the judge rules for you, the tenant has 7 days to appeal the decision to the Circuit Court (such as the Madison County Circuit Court, Huntsville). If they do not appeal, you must go back to the clerk and request a Form C-59A, Alabama, Unified Judicial System, Writ of Restitution or Possession. This document orders the local Sheriff to physically remove the tenant and their belongings from the property.

Evicting Holdover Tenants After Lease Expiration

A 'holdover tenant' is someone who stays in the property after their lease has naturally expired. If they have a month-to-month lease, you do not need a reason to terminate the tenancy, but you must provide a 30-day written notice to vacate under Ala. Code § 35-9A-441. If they refuse to leave after 30 days, you follow the same Unlawful Detainer process outlined above. Interestingly, Alabama law allows a landlord to sue a holdover tenant for up to three months' periodic rent or actual damages, whichever is greater, if the holdover is willful and not in good faith.

How Much Does it Cost to Evict in Alabama?

Evictions involve several mandatory administrative costs. While costs vary slightly by county, generally, landlords can expect the following expenses:

If the tenant chooses to appeal the eviction to the Circuit Court, the legal costs can increase significantly because Circuit Court procedures are far more complex and usually require a licensed Alabama real estate attorney.

How Long Does the Eviction Process Take?

In a best-case scenario where the tenant does not fight the lawsuit, an Unlawful Detainer in Alabama takes about 4 to 6 weeks from the day you serve the initial 7-day notice to the day the Sheriff executes the Writ of Possession. However, if the tenant files an answer, requests a trial, or files an appeal to the Circuit Court, the process can easily drag on for 2 to 4 months.

Frequently Asked Questions (FAQ)