eForms Logo

Alabama Eviction Notice Forms (3)

Create a high-quality document now!

Alabama Eviction Notice Forms (3)

Updated February 01, 2024

An Alabama eviction notice is an official letter from a landlord that demands a tenant vacate rental property unless specific demands are met. The lease violation is required to be stated in the notice. If the tenant remains on the property without complying, the landlord may file an eviction action (Unlawful Detainer) in the District Court where the property is located.

By Type (3)

7-Day Notice to Quit (Non-Payment of Rent) – Grants a tenant seven days to either pay the total amount owed to the landlord in rent or leave the property.

Download: PDF, MS Word, OpenDocument

7-Day Notice to Quit (Non-Compliance) – This gives seven days for the tenant to either fix a non-conforming aspect of the lease or to vacate the premises immediately.

Download: PDF, MS Word, OpenDocument

30-Day Notice to Quit (Month-to-Month Tenancy) – Given to a tenant-at-will to inform them of the landlord’s intentions of ending their rental arrangement. Must give the tenant at least 30 days’ notice.

Download: PDF

Table of Contents

Eviction Laws

  • Rent Grace Period: None; rent is due on the date mentioned in the lease.[1]
  • Non-Payment of Rent: 7 days[2]
  • Non-Compliance: 7 days[3]
  • Termination (Month-to-Month Lease): 30 days[4]
  • Eviction Lawsuit: Unlawful Detainer[5]

Landlord Prohibited Actions

Utility Shutoff – The landlord is prohibited from shutting off the heat, running water, hot water, electricity, gas, or other essential services to the tenant’s residence. Any unauthorized shutoff of these services is punishable by up to 3x the tenant’s rent or actual damages by the tenant, whichever is greater.[6]

Changing the Locks – The landlord is prohibited from changing the locks if rent is not paid or for any other lease violation. The landlord must follow the eviction process (Unlawful Detainer) and use a Sheriff if it comes to that point.[7]

Court Forms

Answer (Form PS-01) – Used by the tenant to give a response to the Judicial Court of an eviction filing. Must be sent within seven days of being served that a case is filed against them.

Complaint / Statement of Claim (Form C-59) – Form that the landlord files with the Judicial Court to start the eviction process. This form, along with a copy of the notice to quit, will be necessary to start the proceedings.

How to Evict a Tenant (5 steps)

  1. Download Forms
  2. Send to Tenant
  3. File Claim
  4. Serve Letter
  5. Attend Hearing

2. Send to Tenant

Fill in the document and send it to the tenant. This must be sent via Certified Mail so the landlord receives confirmation that the tenant saw the letter.

Hands holding Certified Mail envelope.

3. File Claim

After the notice period, the tenant will have either paid/conformed to the demands, left the property, or is still there. If the tenant is still on the property, the landlord must file a Complaint / Statement of Claim (Form C-59) with the District Court.

The filing fee depends on the county, such as:

  • Jefferson County: $261 plus $10 for each additional defendant (plus $10 service fee if served by the Sheriff)[8]
  • Madison County: $302 plus $20 for each additional defendant (plus $20 service fee if served by the Sheriff)[9]
  • Mobile County: $256 plus additional fees if service is required to additional defendants.[10]

Hand holding sheriff badge.

4. Serve Letter

After the initial unlawful detainer filing is completed, the landlord will need to serve the tenant about the case filed against them. This may be completed by using the Sheriff’s Office. After sending and receipt, the tenant has 7 days to file an Answer (Form PS-01).

5. Attend Hearing

At this time, the court will give a hearing date, and both parties will be expected to appear. A judgment is usually given, and if the judge rules in the landlord’s favor, the tenant will have 7 days to appeal the order.[11]
Judge sitting at desk with US and Alabama flags behind him.

Sources

  1. § 35-9A-161
  2. § 35-9A-421(b)
  3. § 35-9A-421(a)
  4. § 35-9A-441(b)
  5. § 6-6-310 to § 6-6-353
  6. § 35-9A-407
  7. Alabama Tenant Handbook (page 20)
  8. www.jefferson.alacourt.gov/filing-fees/
  9. www.madisoncountycircuitclerk.org/unlawful-detainers/
  10. www.mobile.alacourt.gov/district-civil-small-claims/
  11. www.alabamalegalhelp.org/resource/evictions