Attorney at Law
Eviction Defense
In Alabama, tenants can face eviction for a variety of reasons. The top three reasons typically include:
Failure to Pay Rent: This is the most common reason for eviction. If a tenant fails to pay rent on time and does not address the issue after receiving a formal 7-Day notice, a landlord may initiate eviction proceedings.
Violation of Lease Terms: Tenants who violate specific terms of their lease agreement—such as having unauthorized pets, subletting the property without permission, or causing significant damage—can be evicted if they don’t rectify the situation after being notified.
End of Lease or Non-Renewal: In some cases, a landlord may choose not to renew a lease or may give notice to vacate at the end of the lease term. This might be due to the landlord wanting to sell the property, move in themselves, or rent to someone else.
There are also defenses such as failing to keep the premises inhabitable, failing to give proper notice, lack of standing to bring the claim, etc.
FAQs
Does my landlord have to make repairs?
Yes, in AL landlords have 14 days to make repairs on issues that bear on “habitability.” That doesn’t include things like paint or small defects. It does bear on things like mold, leaks, holes in the floor, etc.
What if my landlord cut my utilities?
Landlords may not evict tenants by discontinuing power, water, or any other utility. Alabama law allows us to sue for 3 x your rent as a penalty.
Do they have to give me a notice before serving me an eviction lawsuit?
Yes, In AL landlords must tender a 7-day notice, then wait 7 days, then if no payment from tenant, landlord can file the complaint with the court.
Can they evict me without going to court?
No, in Alabama landlords must file an “unlawful detainer” action with the court. Only after a landlord wins in court could a sheriff expel you from the property.
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