The Sheriff cannot evict you unless the landlord files a lawsuit, the parties appear in court, and (if you lose) the landlord obtains a possession order.
In Alabama, evicting a tenant requires following various legal steps and is regulated by particular statutes and rules. A sheriff can only evict a tenant once the landlord has secured an eviction judgment from the court. This process is mainly governed by the Alabama Residential Landlord-Tenant Act and the unlawful detainer statutes. Steps include:
7-Day Notice (usually handwritten or typed and given to you from the Landlord)
Filing Unlawful Detainer (Eviction Lawsuit)
Serving you the Unlawful Detainer (They must personally serve you or post it to your door AND mail it to you)
You file an answer within 7 days
You get a hearing date (usually within 30 days of filing your answer)
You go to court
You appeal (if you lose)
If you don’t appeal they can file for a “writ of possession”
THEN, AND ONLY THEN, may a Sheriff evict you.
In Alabama, eviction actions are based on the concept of unlawful detainer, which arises when a tenant who initially had legal possession of a property refuses to leave after their right to occupy has ended Housing Auth. v. Durr, 735 So. 2d 469. The Alabama Supreme Court has explained that unlawful detainer actions are intended to remove tenants who overstay and generally do not address issues related to the property's title Jackson v. Davis, 153 So. 3d 820.
Thus, a sheriff in Alabama can only evict a tenant once the landlord has secured an eviction judgment from the court and a writ of possession has been issued. This procedure requires strict compliance with the Alabama Rules of Civil Procedure and the specific statutes related to eviction and unlawful detainer actions § 35-9A-461. Landlord’s action for eviction, rent, monetary damages, and/or other relief., § 6-6-351. Restitution of plaintiff., § 36-22-3. Duties., Housing Auth. v. Durr, 735 So. 2d 469, Jackson v. Davis, 153 So. 3d 820.