Eviction Step by Step

Eviction in Alabama: What Landlords Need to Know

Alabama uses an unlawful detainer process. Notice periods are short, but procedural mistakes will reset the clock. Here's how it works.

How Alabama Handles Evictions

Alabama's eviction process is governed by the Alabama Uniform Residential Landlord and Tenant Act (Code of Alabama Title 35, Chapter 9A). Cases are filed as unlawful detainer actions in district court at the county level. Alabama is generally considered a landlord-friendly state — notice periods are short, court timelines are reasonable, and tenant appeal rights are limited compared to many states. Landlords who follow the procedure correctly can typically obtain a judgment within four to six weeks of serving notice.

All eviction cases are filed in the district court of the county where the rental property is located. There is no statewide housing court — each county's district court handles these cases according to standard Alabama procedure, though specific filing logistics and hearing schedules vary by county.

Notice Requirements in Alabama

For non-payment of rent, Alabama requires a 7-day written notice to pay or vacate. The notice must specify the amount owed and inform the tenant that the lease will terminate if payment is not made within seven days. If the tenant pays the full amount within the notice period, the lease continues and you cannot proceed with eviction on that notice.

For lease violations other than non-payment, Alabama requires a 7-day notice to cure or vacate. If the violation is not cured within seven days, the lease terminates and you may file. For repeat violations of the same type within six months, no cure period is required — you may issue a 14-day notice to vacate without an opportunity to cure.

For month-to-month tenancies without cause, either party may terminate with 30 days written notice. Deliver notice by personal service, posting on the door, or certified mail with return receipt requested. Document every delivery — a photo of the posted notice with date and time, plus a certified mail receipt, provides the proof you'll need if service is challenged at the hearing.

Filing the Unlawful Detainer Action

Once the notice period expires without compliance, file a complaint for unlawful detainer in the district court of the county where the property is located. Filing fees in Alabama typically range from $250 to $300 depending on the county. The court will issue a summons that the sheriff or a private process server delivers to the tenant.

The tenant has seven days from the date of service to file an answer with the court. If the tenant fails to answer within that period, the court may enter a default judgment in your favor. If the tenant files an answer, the court will schedule a hearing — typically within 14 days of the answer being filed.

The District Court Hearing

Alabama district court hearings are formal but accessible. Bring your lease agreement, a copy of the notice you served, proof of service, your rent ledger showing the unpaid amounts, and any communication records relevant to the case. The judge will hear both sides and issue a judgment, often the same day. If judgment is entered for you, the tenant has seven days to appeal to circuit court before a writ of possession can be issued.

Tenant appeals are less common in Alabama than in many states because the appealing tenant must post a bond covering rent plus court costs to stay the writ. Most non-paying tenants cannot post the required bond, which means the appeal does not delay possession. This is one reason Alabama is generally faster than tenant-friendly states.

Jefferson and Mobile County

Jefferson County, anchored by Birmingham, is Alabama's most populous county and handles the highest volume of eviction filings in the state. Cases file at the Jefferson County Courthouse in downtown Birmingham, with separate divisions for the Birmingham and Bessemer cutoffs. Hearings are typically scheduled within 14 days of the tenant's answer, though high-volume periods can extend that timeline.

Mobile County, on the Gulf Coast, is the second-largest county and serves the Mobile metropolitan area. Filings go to the Mobile County District Court at Government Plaza. Both counties follow standard Alabama unlawful detainer procedure, but the local clerks' offices handle scheduling and document processing differently. For detailed landlord-tenant law specific to each county — including local court contacts, filing logistics, and notice variations — see the county-level resources at Jefferson County landlord-tenant law and Mobile County landlord-tenant law.

Alabama's unlawful detainer process is consistent statewide, but each of Alabama's 67 counties has its own courthouse, local procedures, and judge schedules. Getting the details right for your specific county is the difference between a quick recovery of possession and weeks of unnecessary delay. View the complete Alabama landlord-tenant law guide for security deposit rules, notice requirements, and county-specific information.

After the Judgment

If no appeal is filed within seven days of the district court judgment, request a writ of possession from the court. The writ authorizes the sheriff to remove the tenant from the property. The sheriff will typically schedule the lockout within seven to ten days of receiving the writ. Be present at the lockout with a locksmith ready to change locks immediately after the sheriff has cleared the property.

For tenant belongings remaining on the premises after the lockout, Alabama law requires you to make reasonable effort to notify the tenant and allow a reasonable period for retrieval. Document the condition of the unit thoroughly with date-stamped photographs immediately after the lockout — this protects you against later claims of property damage or wrongful disposal.