How to Evict a Tenant in Alabama

Evicting a tenant in Alabama isn’t just a handshake and a set of keys — it’s a legal process with required notices, strict deadlines, and court involvement. If your tenant stops paying rent, violates the lease, or refuses to leave after the lease ends, you need to follow every step correctly.

This guide walks you through how to evict a tenant in Alabama — step by step — so you can take action with confidence and stay compliant with state law.

Alabama Eviction Steps

Here’s a breakdown of the six steps involved in legally evicting a tenant in Alabama.

1. Serve the Correct Written Notice

The process starts with giving your tenant the appropriate written notice, depending on the reason for the eviction:

• Nonpayment of Rent: Serve a 7-day notice to pay or vacate. This gives the tenant seven calendar days to pay all past-due rent or leave the property.
• Lease Violations: If the tenant breaks a lease rule (like unauthorized pets or causing property damage), issue a 7-day notice to cure or vacate. The tenant has seven days to fix the issue or move out.
• Repeated Lease Violations: If the same violation occurs again within six months, you can serve a 7-day unconditional quit notice, with no opportunity to cure.
• End of Lease or No Lease: If the lease has ended or the tenant is on a month-to-month agreement, you must give a 30-day written notice to vacate. For week-to-week tenancies, the notice is 7 days.

You must serve notices in person or leave them at the residence. Certified mail is also allowed under Alabama law. Be sure to keep a copy of the notice and document how and when it was delivered.

If the tenant complies — by paying rent or correcting the lease issue — the eviction process ends there. If not, you move to the next step.

2. File an Unlawful Detainer Lawsuit

If the tenant doesn’t comply with the notice, your next step is to file an Unlawful Detainer action in the District Court of the county where the rental property is located.

Here’s what you’ll need:

• Forms: A Complaint for Unlawful Detainer, the original lease (if applicable), the written notice, and a Summons.
• Filing Fee: Typically between $250–$300, depending on the county.
• Hearing Schedule: The court usually schedules a hearing 7–14 days from filing.

Make sure the complaint includes the reason for eviction, amount of unpaid rent (if any), and supporting documentation like photos, communications, or receipts.

This step starts the formal legal process and puts the matter in the hands of the court.

3. Serve the Tenant with the Court Summons

Once the lawsuit is filed, you must serve the tenant with a copy of the summons and complaint.

Service can be done in three ways:

• Personal service by a sheriff or private process server
• Posting the documents at the property and mailing a copy
• Certified mail (if allowed by the court)

The tenant must be served at least six days before the hearing. If they are not properly served, the court may delay or dismiss the case.

Once service is complete, make sure a return of service is filed with the court to confirm everything was done correctly.

4. Attend the Court Hearing

On the day of the hearing, both you and the tenant will appear in front of the judge.

Bring everything you have:

• The signed lease
• Rent ledger or payment history
• Copies of the notice and proof of service
• Photos, emails, texts, or other documentation
• Any communications about violations or payment arrangements

If the tenant does not appear, the judge will likely grant a default judgment in your favor. If the tenant contests the eviction, the judge may hear the evidence immediately or set a separate trial date.

If you win the case, the court will issue a judgment for possession, allowing you to take the next step in removing the tenant.

5. Request a Writ of Possession

Winning in court does not automatically mean the tenant will leave. You must file for a Writ of Possession, which authorizes the sheriff to carry out the eviction.

Here’s how it works:

• You must wait seven calendar days after the judgment before filing.
• Once the writ is issued, the sheriff will give the tenant seven days to vacate voluntarily.
• If the tenant does not leave, the sheriff will return to forcibly remove them and restore possession to you.

You are not allowed to change the locks or remove the tenant yourself. Only the sheriff can enforce the writ. Trying to handle the eviction on your own could expose you to legal liability.

If the tenant leaves property behind, you are required to store it for 14 days and notify the tenant before disposal.

Alternatives to Eviction in Alabama

Eviction is costly and time-consuming. Before taking your tenant to court, it may be worth considering a few alternatives.

Payment Plan Agreement

If your tenant is behind on rent but otherwise cooperative, a written payment plan can help you recover funds without court:

• List the total past-due amount
• Break it into installments with clear due dates
• Include language about what happens if payments are missed

Both you and the tenant should sign the agreement, and you should follow up in writing. You’re under no obligation to offer a payment plan, but it’s a smart option in the right scenario.

Cash for Keys

With this approach, you offer the tenant money to move out voluntarily.

It might feel frustrating to pay a tenant to leave, but it can save you:

• Court filing fees
• Missed rent during the process
• Property damage from a drawn-out stay

Make sure the agreement is written down, includes the move-out date and conditions, and is only paid after you confirm they’ve vacated and left the unit in good condition.

Mediation

Some counties in Alabama offer mediation programs, where a neutral third party helps landlords and tenants work out a solution.

Mediation may be appropriate when:

• The tenant wants to stay but needs more time
• There’s confusion about lease terms
• You’re open to a compromise that avoids court

Mediated agreements can be turned into enforceable court orders and may help preserve a working relationship.

Frequently Asked Questions

Here are seven frequently asked questions about evicting a tenant in the state of Alabama.

Can I evict a tenant in Alabama during the winter?

Yes. There are no seasonal restrictions on evictions. You may proceed at any time of year, including winter.

How long does the eviction process take in Alabama?

If uncontested, the process may take 3 to 5 weeks. Contested evictions can take longer, especially if a trial is necessary.

Can a tenant stop the eviction by paying rent?

Yes. If the eviction is for nonpayment of rent, the tenant can pay the full amount within the 7-day notice period to avoid eviction. After that, it’s up to you whether to accept payment.

Can I evict a tenant without a written lease?

Yes. Alabama recognizes oral month-to-month tenancies. You must provide a 30-day notice to terminate, and then follow the same legal process.

Do I have to accept partial rent?

No. You are not required to accept partial payments. If you do, it may restart the eviction process, so proceed carefully and document everything.

What happens to a tenant’s belongings after eviction?

You must store any personal property left behind for 14 days and notify the tenant in writing. After that, you may dispose of or sell it according to state law.

Are landlords required to accept rental assistance in Alabama?

No. Landlords are not required to accept rental assistance unless required by a contract or federal program.

Final Word

Evicting a tenant in Alabama is a legal process, not a personal one. Even if a tenant is months behind on rent or causing damage, you need to serve proper notice, go through the courts, and work with law enforcement to regain possession.

If you're finding that managing tenants is more hassle than it's worth, it might be time to sell the property and move on. Whether you're fed up with bad tenants or ready to cash out, understanding your legal rights is the first step toward a better decision.