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An Alabama eviction notice, also known as a Notice to Quit, is a written notice used by landlords or property owners to inform tenants who break the terms of the existing lease that they must vacate the property within a certain amount of time unless they correct the defect.
The most common reason an eviction notice is used in Alabama is failure to pay rent. However, it can also be used to terminate a month-to-month lease agreement. If a tenant fails to comply with the terms of the notice, then the landlord may begin the eviction process to try to obtain a writ of possession for the property.
What are the Components of an Alabama Eviction Notice?
There are several types of Alabama eviction notices. All of them have the same basic components:
Alabama eviction notices are also known as a notice to quit. The amount of time that a tenant is given to correct an issue or vacate the property depends on the reason the eviction notice is issued. Each type of eviction notice may also have its own additional components.
A seven-day notice to quit for non-payment of rent is used to notify a tenant that they violated their lease by not paying their rent. It gives them seven days to correct the issue or become subject to an eviction lawsuit. The additional components to this notice include:
It is important to note that Alabama actually has no grace period for late rent. Landlords do not have to wait any amount of time to issue an eviction notice although they must give the tenant seven days to pay the rent or leave the property.
A 7-day notice to quit for curable non-compliance is used for other lease violations aside from non-payment of rent. The tenant is provided a seven day time period to correct the violation. If the tenant fails to do so, they must vacate the premises. The additional required components include:
Alabama 7-Day Notice to Quit for Incurable Non-Compliance
A 7-day notice to quit for incurable non-compliance informs the tenant that they have seven days to vacate the property and return it to the landlord. The tenant does not get the opportunity to correct the lease violation. In Alabama, this includes breaking the lease four times within a 12-month period or if they:
The additional required components include:
If the tenant does not vacate the property, the landlord may begin the eviction action.
A 30-day notice for a lease termination isn’t technically an eviction notice. Month-to-month tenancy arrangements are common in Alabama. An eviction notice can be used to give notice by the landlord or property management company to the tenant that the lease will not be renewed for the following month. When used to terminate a month-to-month lease, a 30-day notice must be given. You will need the following information:
Service of an Alabama eviction notice of this nature is generally done by providing the notice to the tenant either in person, by leaving it in a conspicuous place (such as the front door), or by having it served by a process server.
All Alabama eviction notices must comply with landlord-tenant laws in the state. Let’s discuss some of the laws.
An eviction notice is just the first step. You may also need to file an eviction lawsuit, known as an unlawful detainer, to recover what’s owed to you in rent, monetary compensation for damages to the property, or even force the tenant to leave. You can learn about the legal requirements for this process by reading the Alabama state law.
After you draft your eviction notice, you must have it properly served. This can be done in several ways. Certified mail may be used. You will be notified when the letter is signed for. You could opt to use a private process server or the sheriff. With this method, you would be provided with proof of service, but you will be required to pay a fee. This can be important if you file a lawsuit against the tenant. You could serve the tenant yourself. While that is certainly cost-effective, it can also be dangerous.
You should also realize that there is a legal way and an illegal way to evict a tenant. Illegal evictions are referred to as unlawful evictions or self-help evictions or methods. They include:
This is not a complete list. To learn more about unlawful evictions, seek legal advice from a landlord-tenant lawyer in the county where your rental unit is located.
Most eviction notices for lease violations, including non-payment of rent, must give you a 7-day notice to correct the issue. However, there are certain lease violations that are considered incurable. Eviction notices in those circumstances do not have to give you a certain amount of time to leave the property. Additionally, if you’ve received a notice to quit for lease violations four times within a 12-month period, the landlord or property manager does not have to give you seven days to correct the issue.
The five most common reasons that Alabama tenants are evicted include unpaid rent, a violation of the lease, a month-to-month tenancy is being ended, your 12-month lease expires, or you have a roommate that you’re trying to remove from the property.
If you receive an eviction notice, read it carefully. If you have seven days to pay your rent or correct a lease violation, take care of it. Contact your landlord if you have questions. Be calm when you speak with them. If you believe that the eviction is illegal, talk with a landlord-tenant lawyer to determine whether you have a potential lawsuit against the landlord. If you can’t afford a lawyer, contact legal aid for help.
Eviction for any reason other than the end of a lease agreement can make it hard for you to secure adequate housing in the future. If you’re sued and the court finds in favor of the landlord, that could go on your credit report.
Eviction notices are required by Alabama law. Make sure that your eviction notice follows Alabama landlord-tenant laws. If it doesn’t, the tenant may not be required to vacate the property and they may even have the ability to file a lawsuit against you.
Make sure that you serve the tenant through one of the following: certified mail, using a private process server or the sheriff, or in person. Remember that emotions often run high in these situations. Serving the tenant yourself could be dangerous. If you do not properly serve the tenant, you cannot start the process of an unlawful detainer lawsuit if it becomes necessary. You could also set yourself up to be named as a defendant in an unlawful eviction lawsuit.
If you do file an eviction proceeding to evict the tenant and collect financial compensation, you should ensure that you have the following:
Proper documentation is key to a successful, legal eviction. If you have questions about evictions, talk with an Alabama landlord-tenant lawyer in the county where your rental property is located.
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