Alabama Eviction Process: The 7-Business-Day Notice, the 7-Day Appeal, and Paying Rent Into Court

In Alabama, a landlord who wants a tenant out files an unlawful detainer in district court in the county where the rental is [2]. Alabama’s timelines are short. Most notices give 7 business days, and either side has just 7 days to appeal a judgment [1][2].

The notice

Alabama landlords give a notice to terminate the lease. Which kind depends on the problem [1]:

• Unpaid rent: the notice must state the rent and late fees owed, and say the lease will end no sooner than 7 business days after the tenant gets it. If the tenant pays in that time, the lease continues [1].
• Other material violations, including health and safety problems: the same 7 business days to fix the problem. An intentional lie on a rental application can’t be fixed [1].
• Problems that can’t be cured: illegal drugs, illegal use of a firearm, or criminal assault of a tenant or guest on the property. The landlord can end the lease on a 7-day notice, with no chance to fix it [1].

If there’s no lease violation and the landlord just wants to end a month-to-month rental, the landlord gives 30 days’ written notice before the rent date. For week-to-week, it’s 7 days [7].

The court case

The landlord files in district court. Eviction cases get priority over other civil cases on the court’s schedule [2].

If the sheriff, constable or process server can’t hand the papers to the tenant, they can leave them with an adult living there. If no one is found, they can post the papers on the door, and the papers must be mailed to the tenant the same day or by the next business day. Service by posting is complete on the mailing date [2].

Judgment, appeal and the writ

If the landlord wins, a writ of possession issues when the landlord applies for it. It’s automatically on hold for 7 days [2]. A tenant who moves back in without cause after the eviction can be held in contempt [2].

Either side can appeal to circuit court within 7 days of the judgment. A timely post-judgment motion pauses that clock [2]. The circuit court must set the trial within 60 days [2].

An appeal doesn’t automatically stop the eviction. For a tenant’s appeal to hold off the writ, the tenant must pay the circuit court clerk all rent due under the lease since the case was filed, and keep paying rent as it comes due while the appeal is pending [2]. If the tenant misses a payment, the court issues the writ on the landlord’s request [2]. When the two sides disagree on the amount, the court decides it [2].

Tenant protections

No lockouts or shutoffs. A landlord can’t remove a tenant without the court, or cut off heat, water, hot water, electricity, gas or another essential service. If that happens, the tenant can get back in or end the lease, and recover three months’ rent or actual damages, whichever is more, plus attorney fees [3].

Retaliation is banned. A landlord can’t raise rent, cut services or bring or threaten an eviction because a tenant complained to a housing code agency, complained to the landlord about required repairs, or joined a tenants’ union [4]. A tenant facing that has a defense to the eviction [4]. The landlord can still evict if the tenant is behind on rent, caused the code violation, or committed another material lease violation [4].

Repairs. If the landlord materially breaks the lease or fails to keep the home safe and livable, the tenant can give written notice that the lease will end at least 14 days later unless it’s fixed [6].

Belongings and abandonment. If a tenant leaves property in the unit more than 14 days after the lease ends, the landlord can dispose of it [5]. A home counts as abandoned if its electric service has been off for 7 consecutive days [5].

Where to get help

• District court clerk in your county: forms, fees and court dates.
• Legal aid: Alabama’s legal aid programs can help eligible tenants with eviction cases.
• A landlord-tenant attorney: worth a call as soon as you get a notice, since Alabama’s 7-day deadlines leave little time.