Evicting a tenant can feel overwhelming for landlords. In Alabama, the eviction process follows strict legal steps designed to protect the rights of both landlords and tenants. Whether you're dealing with non-payment of rent, lease violations, or simply need to regain control of your property, knowing the eviction process can help you handle the situation more effectively.
Understanding the Grounds for Eviction
In Alabama, landlords can legally evict tenants for specific reasons. You MUST use the court process to evict tenants in Alabama. The most common grounds include:
Non-Payment of Rent: This is the top reason for eviction. According to a recent survey, nearly 60% of eviction cases in Alabama stem from tenants failing to pay rent on time.
Lease Violations: Evictions can occur due to lease breaches. For instance, if a tenant keeps unauthorized pets or lacks permission for subleasing, it can be grounds for removal.
End of Lease Term: When a lease expires and the tenant has not vacated, the landlord can proceed with eviction as stated in the lease agreement.
Understanding these grounds equips you to gather the necessary documentation and prepare your case effectively. Each of these violations requires different things. As our Tenant clients, we pounce on landlords that goof this up. For our Landlord clients, we help you not step on the legal minefield that many who go with other firms inevitably walk through.
Serving the Tenant with Notice
Before starting an eviction lawsuit, landlords must provide the tenant with a written notice, often referred to as an eviction notice or notice to quit. In Alabama, different notices apply depending on the reason:
Seven-Day Notice: This applies when rent is unpaid or when there is a lease infraction. The tenant has seven days to pay overdue rent or leave the property; for a breach of contract you must tender a notice to cure a defect (and specify what it is).
Fourteen-Day Notice: For lease violations, tenants receive fourteen days to fix the issue or vacate the premises.
Thirty-Day Notice: This is commonly used for month-to-month rentals or when a tenant's lease comes to an end.
Providing proper notice is essential. Mistakes in this area can greatly prolong the eviction process. The notice must be posted and include specific language, while avoiding certain other phrases. For detailed guidance, consider hiring Apex Law to navigate the complex procedure.
Filing an Eviction Action
If the tenant does not respond to the notice appropriately, it's time to file an eviction action in local court. This process includes:
Completing Necessary Forms: Landlords must fill out eviction forms. These are often available on the court’s website or can be obtained from the court clerk’s office.
Paying Court Fees: Expect minor filing costs, which typically range from $150 to $300, depending on the court and county.
Gathering Evidence: Collect all essential documents, including the lease agreement, communication with the tenant, and payment history.
Serving the Tenant: In Alabama tenants must be personally served or you must post the Unlawful Detainer Complaint to their door and send it via First Class Mail within 24 hours.
If you are a landlord you should hire Apex Law, you’ll likely get our fee awarded back to you anyway.
The Court Hearing
During the court hearing, both parties present their cases to a judge. To optimize your chances:
Be Prepared: Bring crucial evidence like the eviction notice, lease, and related communication.
Stay Professional: Keep interactions respectful. Emotional reactions can undermine your case.
Know the Law: Familiarize yourself with tenant rights and landlord obligations as outlined in Alabama law. This knowledge will strengthen your argument.
Once both sides have been heard, the judge will make a decision. If the ruling favors the landlord, the next step is obtaining a judgment for possession.
Post-Hearing Process
If the court rules in your favor, the tenant typically gets a short time to vacate. If they refuse, landlords can request a writ of possession, allowing law enforcement to enforce the eviction.
Adhering to legal procedures is critical. Taking matters into your own hands can lead to increased legal risks, including damages for unlawful eviction.
Seeking Legal Assistance
Dealing with evictions can be complex, and small mistakes might lead to delays or case dismissal. Therefore, hiring an Alabama eviction lawyer may be wise. They can guide you on local legalities, assist with paperwork, and represent you in court, ensuring you meet all requirements.
Moreover, having professional assistance can reduce emotional stress, allowing you to navigate this tricky process more effectively. Apex Law habitually beats landlords and careless/lazy attorneys who do not pay attention to the process. Hire Apex Law for a smooth eviction or eviction defense.