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An Alabama eviction notice, also known as a Notice to Quit, is a document 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.
The components required to create an Alabama eviction notice depend on the reason behind issuing it. In this section, you’re going to learn about the components required for non-payment of rent, components required for lease violations, and components required to terminate a month-to-month lease agreement. While we’ll discuss legal considerations in the next main section, it’s important for you to remember that all eviction notices must comply with Alabama’s landlord-tenant laws. You’ll learn more about those in the next main section, too.
Components Required for Non-Payment of Rent
To draft an eviction notice for non-payment of rent, you’ll need the following information to insert into the template:
Components Required for Lease Violations
While non-payment of rent technically counts as a lease violation, we wanted to discuss the two broad categories that lease violations fall into: curable and incurable. When a lease violation is curable, the tenant has seven days to correct the violation. If they correct the violation within that time, their lease remains in effect. Non-payment of rent is generally a curable violation. An incurable violation means that the tenant must vacate the property within seven days if they’ve broken the lease four times within a 12-month period or if they:
To complete an Alabama eviction notice template for a lease violation, you’ll need:
Components Required for Termination of a Month-to-Month Lease
Month-to-month leases 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, it must be given 30 days in advance of the end of the lease. You will need the following information to complete the template:
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 unlawful detainer, to recover what’s owed to you in rent, monetary compensation for damages to the property, or to 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 serve it. This can be done in several ways. Certified mail can 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. 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. They include:
This is not a complete list. To learn more about unlawful evictions, talk with a landlord-tenant law in the county where your rental property is located.
Most eviction notices for lease violations, including non-payment of rent, must give you seven days 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 lease is being ended, your 12-month lease expires, or you have a roommate that you’re trying to get rid of.
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, 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 a lawsuit to evict the tenant and collect financial compensation, you should ensure that you have the following:
Proper documentation is key to a successful and legal eviction. If you have questions about evictions, talk with an Alabama landlord-tenant lawyer in the county where your rental property is located.