Eviction is more than just a process; it is a life-altering event that can impact you for years. The thought of losing your home is unsettling, but understanding the laws surrounding evictions can empower you to protect your rights. In this post, we will clarify whether police can evict you and share practical steps to take in such situations.
Understanding Eviction
Eviction is a formal legal process that enables a landlord to remove a tenant from a rental property. Although landlords initiate this process, it’s crucial to know that police only get involved after a court has authorized the eviction. Even then, technically speaking, it is the Sheriff not the Police.
If you lack a written or oral agreement and do not pay rent, the situation is different. In such cases, it is crucial for us to assist you because you do not have the same protections as a bona fide tenant.
The Role of Law Enforcement in Alabama Evictions
The Sheriff, not the Police, are summoned upon only after a landlord has completed the necessary legal steps and secured a court eviction order from a judge in the District Court. This court order is essential as it protects tenants from arbitrary removal from their homes.
Many people are surprised to learn that police cannot enter a property without such an order. The law respects tenant rights by ensuring that eviction takes place only with legal backing, preserving the principle of due process.
Police play a very small role in the Alabama eviction process.
Grounds for Eviction - The Police in Alabama
Several reasons can lead a landlord to seek eviction, including:
Non-Payment of Rent: Over 40% of eviction cases stem from tenants failing to pay rent. In many states, a single missed payment can lead to an eviction notice.
Lease Violations: Violating lease terms—such as keeping unauthorized pets or hosting excessive parties—can lead to eviction. For example, if a tenant is repeatedly cited for noise complaints, a landlord might take action.
End of Lease: When a lease period ends, landlords can evict tenants who refuse to move. Approximately 20% of evictions occur because tenants stay beyond their lease expiration.
Property Damage: Significant damage to property, beyond normal wear and tear, can prompt a landlord to seek eviction. For instance, if a tenant causes extensive water damage, immediate action may be taken.
For each of these court is required prior to the Sheriff getting involved.
Preparing for an Eviction Fight
Receiving an eviction notice can be overwhelming, but staying calm is crucial. Here’s what you can do:
Review the Notice: Carefully check the eviction notice to understand the reasons cited. Confirm that it adheres to legal standards for your area.
Know Your Rights: If the eviction action is from a landlord, not the court, then you know that the next step the landlord will take is to file an “Unlawful Detainer” with the court. If the papers are from the court, then you must respond within 7 Days or you do not get the protections of a hearing.
Communicate with Your Landlord: If you feel comfortable, discuss the notice with your landlord. Honest communication may leverage your situation, particularly if financial issues are the root cause.
Knowing your rights and the laws that govern your area can help you feel empowered during this stressful time.
The Eviction Process
When a landlord files for eviction, you are served, you typically hire a lawyer to file the proper Answer or Motion, then a court hearing is scheduled. YOU DO NOT GET A HEARING UNLESS YOU RESPOND TO THE COURT FILING. Both parties have the chance to present their cases before a judge. If the ruling is in favor of the landlord, an eviction order is issued after a 7 Day Appeal opportunity.
After this order is granted, the landlord can enlist local law enforcement to conduct the eviction. It is significant to note that police are there to maintain peace during the procedure and lack the authority to address disputes or evict without a correct order.
What To Do If You’re Evicted
If you face eviction, here are steps to help minimize its impact:
Seek Housing Assistance: Many communities offer resources for tenants facing eviction. Nonprofits and local government programs may provide financial assistance or help you locate temporary housing.
Understand the Timeline: Eviction notices typically provide seven (7) days to respond from the date you received said Notice.
Hire Apex Law: It is crucial to hire an attorney if you were served an eviction from the court. In 2024, 90% of clients that did not hire us then later came back telling us that they lost in Court had facts that we could have EASILY beat the other side with.
Being proactive about your situation can ease the transition and help you secure your housing future.
Navigating Your Rights
Recognizing the eviction process and the involvement of law enforcement is vital for tenants. Police act only after a court has given the green light for eviction. This approach ensures that you, as a tenant, are protected under the law.
Your rights are your best defense, so knowing them empowers you in tough times. If faced with eviction, remember to stay informed and seek assistance when necessary. Taking swift action can help you maneuver through the complexities of eviction with confidence.
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