The Eviction Process in Alabama

Going through an eviction can be stressful and unpleasant for both landlords and tenants. However, state law has strict rules governing the process. Alabama landlords seeking evictions must follow specific legal procedures, including providing proper notice to tenants and getting a court order before removing tenants from the property.

Tenants facing eviction and landlords pursuing evictions need to understand the procedures, as well as their rights and responsibilities under Alabama's landlord-tenant laws, to ensure the correct legal process is followed. This article describes the basics of Alabama eviction law, including required notices, court procedures, and potential tenant defenses.

What Is an Eviction?

An "eviction" is the legal process a landlord uses to remove a tenant from a rental property. Some common reasons for eviction in Alabama are nonpayment of rent and lease violations. An eviction may also happen when a tenant remains in the rental property after the lease term ends.

Generally, landlords must provide tenants with a written notice, such as a notice to pay or quit (for unpaid rent) or a cure or quit notice (for lease violations). If the tenant doesn't pay or remedy the problem before the deadline, the landlord can proceed with filing an eviction lawsuit. And, sometimes, a tenant doesn't get the option to cure a lease violation.

Eviction laws vary from state to state and local jurisdiction, and tenants may have legal defenses depending on the circumstances.

What Is Alabama's Eviction Law?

The main law governing landlord-tenant relationships in Alabama is the Alabama Uniform Residential Landlord and Tenant Act. (Ala. Code § 35-9A-101 and following (2025).)

Notice for Termination With Cause

Generally, the landlord's first step in the eviction process is to terminate the lease or rental agreement. This can only be done when the landlord has legal cause to evict the tenant. Alabama state law has defined legal cause as failure to pay rent, violation of the lease or rental agreement (including lying in the application process), and engagement in certain illegal activities.

To terminate the lease, the landlord must first give the tenant notice. In Alabama, the landlord is required to give a seven-day notice in all of these situations. However, in some cases, the notice period is seven business days, while in others, it is seven calendar days. The tenant's options will vary depending on the reason they are receiving the notice.

• Seven-business-day notice to pay rent: If the tenant fails to pay rent when it is due, the landlord can give the tenant a seven-business-day notice to pay rent. The notice must inform the tenant that rent must be paid or the tenant must move out within seven business days, or the landlord will terminate the lease or rental agreement and file an eviction lawsuit against the tenant. If the tenant pays the rent, then the landlord must not proceed with the eviction. (Ala. Code § 35-9A-421(b) (2025).)
• Seven-business-day notice to remedy: If the tenant violates the lease or rental agreement or the tenant intentionally misrepresented facts in the rental agreement or application, the landlord can give the tenant a seven-business-day notice to terminate the lease if the tenant doesn't remedy the issue. (Except an intentional misrepresentation of a material fact in a rental agreement or application can't be remedied or cured.) This notice must inform the tenant that the tenant has seven business days to remedy the violation or move out. If the tenant does neither, the landlord will file an eviction lawsuit against the tenant. If the tenant remedies the violation, then the landlord can't proceed with the eviction. No breach of any of the terms or obligations of the lease may be cured by a tenant more than two times in any 12-month period except by the express written consent of the landlord. (Ala. Code § 35-9A-421 (a),(d) (2025).)
• Seven-calendar-day unconditional quit notice: In some cases, the landlord doesn't need to give the tenant an opportunity to fix a violation or bad behavior. In those cases, the landlord can give the tenant a seven-day notice informing the tenant that because of the tenant's behavior, the landlord is terminating the lease, and the tenant has seven days to move out. If the tenant doesn't move out, the landlord can file an eviction lawsuit against the tenant. This type of notice can be given to the tenant in the following situations:

• • the tenant manufactured, cultivated, imported, transported, possessed, furnished, administered, or used illegal drugs in the dwelling unit or in the common areas
  • the tenant illegally used, manufactured, imported, possessed, furnished, or discharged a firearm or firearm ammunition on the premises of the rental property, except for a few exceptions such as the use or discharge of a firearm or firearm ammunition in cases of self-defense
  • the tenant criminally assaulted a tenant or guest on the premises of the rental property, except for a few exceptions like in cases of self-defense, or
  • the tenant committed a breach involving substantially the same acts or omissions as a breach for which a notice to terminate had previously been provided for by the landlord and cured by the tenant, if the second breach occurs within six months of the first breach. (Ala. Code § 35-9A-421(d) (2025).)

Notice for Termination Without Cause

When a landlord doesn't have legal cause to evict a tenant, the landlord must wait until the lease or rental agreement expires before expecting the tenant to move. In some cases, the landlord might still need to give the tenant written notice to move.

Month-to-Month Tenancy

When the landlord wishes to end a month-to-month tenancy but doesn't have legal cause to evict the tenant, then the landlord can give the tenant a 30-day written notice to vacate. This notice must inform the tenant that the tenancy will expire in 30 days, and the tenant must move out of the rental unit by then. (Ala. Code § 35-9A-441 (2025).)

Fixed-Term Lease

When the landlord wants to end a fixed-term lease but doesn't have legal cause to evict the tenant, the landlord must wait until the lease has expired before expecting the tenant to move. Unless the terms of the lease specifically require it, the landlord isn't required to give the tenant written notice to move before the end of the lease. When the lease expires, the landlord can expect the tenant to move.

What Are Some Tenant Eviction Defenses?

Even when a landlord has a valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could also have a valid legal defense to the eviction, such as the landlord evicting the tenant in retaliation or the landlord discriminating against the tenant.

If the tenant decides to fight the eviction, this could increase the costs of the lawsuit and give the tenant more time to remain in the rental unit.

How to Remove a Tenant From a Rental Property

The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. Even then, the landlord must not actually physically evict the tenant. That can only be done by a law enforcement officer with a court order. It is illegal for the landlord to force the tenant to move out of the rental unit, and the tenant can sue the landlord for an illegal eviction.

If the tenant leaves personal property behind in the rental unit after the tenant has been evicted, the landlord must store the personal property for up to 14 days. If the tenant doesn't claim the property during this time, then the landlord can dispose of the personal property with no further liability to the tenant. (Ala. Code § 35-9A-423(d) (2-25).)

Rationale for the Rules

Landlords must carefully follow all the rules and procedures Alabama law requires when evicting a tenant. Otherwise, an eviction might not be valid.

Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant loses a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.

Resources for Tenants and Landlords

Nolo offers various books covering landlord-tenant issues.

For Tenants:

• Renters' Rights
• Every Tenant's Legal Guide

Also, AlabamaLegalHelp.org provides information on evictions, including self-help options.If you have further questions about evictions or need legal assistance, consider talking to a lawyer. If you need help but can't afford a lawyer, consider asking a legal aid organization for assistance. Visit the Legal Services Corporation and LawHelp.org websites to learn more about legal aid.

For Landlords:

• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

If you need more help, a local landlord-tenant lawyer can answer your questions.